香港国家安全維持法 : 新たなる「法治」への旅立ち

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書誌事項

タイトル別名
  • The Hong Kong National Security Law: A New Departure for the “Rule of Law”
  • ホンコン コッカ アンゼン イジホウ : アラタ ナル 「 ホウチ 」 エ ノ タビダチ

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説明

Just when the demonstration against the legislation of the extradition bill in Hong Kong had intensified and ramped up the heat on more sensitive political matters such as universal suffrage and more autonomy, Beijing passed a national security law for Hong Kong and enacted it on the same day. The law not only has a wide scope of applicability which covers anyone anywhere in the world, but also exposes deep suspicion or even hostility towards “overseas forces”. Moreover, we can see no meaningful participation in the process of this legislation from Hong Kong, and the rules and words of the law are similar to those of the mainland’s, which are anything but familiar to Hongkongers. As those characteristics eloquently explain, this law is not by, and arguably not for “Two systems” but for “One country”. Under the law, many of the Hong Kong Autonomous Region’s administrative organs are integrated and evaluated under the “leadership” of Beijing’s affiliate or delegation. In this respect, it is obvious that the meaning of the “Rule of Law”, which is proclaimed to be one of the principles of the law, is not the one which Hongkongers had embraced and enjoyed, but that of Beijing’s “Rule according to the Law”. Accordingly, surrounding systems such as education and media are expected to be a conduit of implementation, as it is also prescribed in the law. Ultimately, there will be a brand-new Hong Kong, which is obedient, harmonious and/but something fundamentally different from what it used to be.

収録刊行物

  • 一橋法学

    一橋法学 19 (3), 119-140, 2020-11-10

    一橋大学大学院法学研究科

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