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88-474: Hong Kong Indigenous ( 本土民主前線 ; lit.   ' Local-land Democracy Front ' ) is a localist political group established in 2015. It is known for its hardline localist stances and militant methods of protesting. It has been actively involved in protests and engaged into violent clashes with police, including in the anti-parallel trading protests and the Mong Kok unrest . Edward Leung and Ray Wong are

176-544: A separation of powers being the most likely to utilize judicial review. Nevertheless, many countries whose legal systems are based on the idea of legislative supremacy have gradually adopted or expanded the scope of judicial review, including countries from both the civil law and common law traditions. Another reason why judicial review should be understood in the context of both the development of two distinct legal systems ( civil law and common law ) and two theories of democracy (legislative supremacy and separation of powers)

264-574: A "Hongkonger," while 38.6% of respondents identified themselves as "Chinese," which was the highest point throughout the 22 years survey. In the last survey conducted in June 2019, when the Anti-Extradition Law Amendment Bill Movement first started, research results show that only 10.8% of respondents identified themselves as "Chinese," and 52.9% of respondents identified themselves as a "Hongkonger," which reached

352-556: A British colony could not enact laws which altered provisions of British laws which applied directly to the colony. Since the constitutions of Canada and Australia were enacted by the British Parliament, laws passed by governments in Australia and Canada had to be consistent with those constitutional provisions. More recently, the principle of judicial review flows from supremacy clauses in their constitutions. In Australia,

440-466: A Chinese nationalistic theme, Civic Passion organised its alternative 4 June rally in Tsim Sha Tsui . The alternative event attracted 200 people in 2013 and 7,000 in 2014, compared with 180,000 and 150,000 respectively for the main event. In mid 2012, the government's decision to implement Moral and National Education was criticised for applauding the communist and nationalist positions of

528-529: A check on the powers of the other branches of government, thus creating a regulative balance among all branches of government. The key to this idea is checks and balances . In the United States, judicial review is considered a key check on the powers of the other two branches of government by the judiciary. Differences in organizing democratic societies led to different views regarding judicial review, with societies based on common law and those stressing

616-545: A colonisation scheme by Beijing, including the increasing use of Mandarin Chinese and simplified Chinese in daily use and in schools. He advocates "Hong Kong First" and "Hong Kong–China separation" positions in order to protect Hong Kong from " cultural genocide ", arguing that Hong Kong was already highly autonomous under Britain, and had formed its own identity with the preserved Chinese culture joining with British culture and more. He suggested consolidating Hong Kong into

704-656: A commercial film, a political party or association may not be supported". Ying E Chi reaffirmed that the film was a documentary that never praised or advocated for an individual, and Ying e Chi suspected the office's decision was political censorship. In 2021, the student union of the University of Hong Kong showed Lost in the Fumes , but the University of Hong Kong suspected that the film might violate National Security Law . The student union reaffirmed that their aim

792-629: A fully autonomous city-state Chin's view was largely accepted by Hong Kong independence advocates and those who advocate for the restoration of British rule in Hong Kong. Since then, it has created a diversification in Hong Kong's political discussion, from reinterpreting colonial history, nostalgia for British rule, to cherishing historical or current Hong Kong culture, and various forms of anti-Chinese sentiment through different ideologies like anti-communism, Confucianism , Taoism , constitutionalism, liberalism, socialism and more. He once joined

880-571: A leading jurist of the time. This system was also adopted the same time by Austria and became known as the Austrian System , also under the primary authorship of Hans Kelsen, being emulated by a number of other countries. In these systems, other courts are not competent to question the constitutionality of primary legislation; they often may, however, initiate the process of review by the Constitutional Court. Russia adopts

968-589: A mixed model since (as in the US) courts at all levels, both federal and state, are empowered to review primary legislation and declare its constitutionality; as in the Czech Republic, there is a constitutional court in charge of reviewing the constitutionality of primary legislation. The difference is that in the first case, the decision about the law's adequacy to the Russian Constitution only binds

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1056-408: A more general Chinese sense of self". Although more Hongkongers have been learning and speaking Mandarin since the 1980s, some of the younger generation consciously avoids using Mandarin in their daily lives to resist the "mainlandisation of Hong Kong". While localists promote Cantonese and speak Cantonese, the Hong Kong government continues to promote and popularise Mandarin. For example, Peter Lam ,

1144-694: A new organization, the Hong Kong Public Opinion Research Institute, and continued its polls and studies. The research results on citizen's categorical ethnic identity were quoted by media from different political spectrum, including the Hong Kong Free Press and MingPao. The most well-known research by the HKUPOP is about people's ethnic identity. The research was first started in August 1997, right after

1232-657: A review of the validity of primary legislation. In the United Kingdom, Acts of Parliament cannot be set aside under the doctrine of parliamentary sovereignty , whereas Orders in Council , another type of primary legislation not passed by Parliament, can (see Council of Civil Service Unions v Minister for the Civil Service (1985) and Miller / Cherry (2019)). Another example is the Netherlands , where

1320-661: A revision of the current immigration policy. Many conflicts between Mainlanders and Hongkongers also occurred due to the influx of the tourists and immigrants, such as the Dolce & Gabbana controversy , the Kong Qingdong incident , birth tourism , and parallel trading among mainland tourists , among others. These incidents and issues intensified the anti-Chinese sentiment among the Hong Kong public. Some of them published an advertisement in local newspapers, calling Mainlanders "locusts" who steal resources from Hongkongers. At

1408-723: A strong critic of the Chinese Communist Party and a former member of People Power ; and his protégé Wong Yeung-tat , leader of the activist group Civic Passion ; also switched to the localist cause soon after the election. Criticising the annual vigil to commemorate the Tiananmen Square crackdown held by the Hong Kong Alliance in Support of Patriotic Democratic Movements in China for having

1496-417: A system of administrative courts which are charged with resolving disputes between members of the public and the administration, regardless these courts are part of administration (France) or judiciary (Germany). In other countries (including the United States and United Kingdom), judicial review is carried out by regular civil courts although it may be delegated to specialized panels within these courts (such as

1584-513: Is a political movement centred on the preservation of the city's autonomy and local culture. The Hong Kong localist movement encompasses a variety of groups with different goals, but all of them oppose the perceived growing encroachment of the Chinese central government on the city's management of its own political, economic, and social affairs. While the movement's milder elements advocate for greater autonomy while remaining as part of China ,

1672-425: Is a proper form of Chinese and not simply a dialect. The bureau ultimately apologised and deleted the phrase. Stakeholders hold polarised opinions about localist films. Some localist films were censored by the Hong Kong government and the Chinese government, and cannot be shown in mainstream cinemas. Ten Years (2015) Ten Years was produced by five localist directors. The film depicts controversies between

1760-584: Is associated with Hong Kong's typical lifestyle. Moreover, localist " Hongkonger " ideas include the mindset of separating Hong Kong people from mainland Chinese orientated identity. Cultural localism does not completely reject the Chinese identity. It does not resist traditional Chinese culture, such as traditional customs and festivals, but rejects the present Chinese identity and contemporary Chinese culture. People in Hong Kong frequently debate about Cantonese and Mandarin . Localists focus on protecting Cantonese. The dichotomy between Mandarin and Cantonese

1848-468: Is not a necessary condition for becoming a Hong Kong citizen. According to the mid-year population of 2016, 568,395 Hong Kong citizens do not hold Chinese nationality. In this situation, not all Hong Kong citizens are Chinese. The self-identity of Hong Kong citizens changes through time. Major events like the 2008 Beijing Olympics and the 2019–2020 Hong Kong protests were key factors that changed citizens' perception of their ethnic identity. The research

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1936-534: Is not technically part of the federal judicial branch). It is quite common that before a request for judicial review of an administrative act is filed with a court, certain preliminary conditions (such as a complaint to the authority itself) must be fulfilled. In most countries, the courts apply special procedures in administrative cases. There are three broad approaches to judicial review of the constitutionality of primary legislation —that is, laws passed directly by an elected legislature. Some countries do not permit

2024-482: Is that some countries with common-law systems do not have judicial review of primary legislation. Though a common-law system is present in the United Kingdom, the country still has a strong attachment to the idea of legislative supremacy; consequently, judges in the United Kingdom do not have the power to strike down primary legislation. However, when the United Kingdom became a member of the European Union there

2112-481: Is very important for "Hongkonger" as identity confirmation. Many Hongkongers decline to use the simplified characters used in mainland China, and instead uses the traditional characters in their daily lives. Linguistics scholar Lau Chaak-ming is one who promotes the Cantonese written form , explaining that "the rise of written form Cantonese [is due] to greater awareness of a local Cantonese identity, as opposed to

2200-473: The 2014 Hong Kong protests and the 2019–2020 Hong Kong protests and led to friction between the pro-democracy camp and pro-Beijing camp . Hong Kong as an international city was formed by people with different nationalities. Foreigners who are not nationals of the People's Republic of China can become permanent residents of Hong Kong. Whether by personal identification or official definition, becoming Chinese

2288-420: The 2016 Legislative Council election , localist candidates won 6 of the 35 seats allocated for geographical constituencies , earning a 19 per cent share of total votes. After the election, the government took legal actions against the localist and the radical democrat legislators over the oath-taking controversy , which resulted in the disqualifications of six legislators, and furthermore, the disqualification of

2376-474: The 2016 New Territories East by-election which was triggered by the resignation of Civic Party legislator Ronny Tong . Leung received 66,524 votes, about 15 percent of the total votes, behind pan-democratic Civic Party and pro-Beijing Democratic Alliance for the Betterment and Progress of Hong Kong . The better-than-expected result was considered a big boost for the localist cause. In February 2016,

2464-569: The Handover of Hong Kong . The HKUPOP team conducted telephone surveys by interviewers to target Cantonese speakers in Hong Kong age 18 or above. The sample size of these surveys was more than 500 successful cases each time. Since May 2000, the number has been increased to more than 1000 and weighted according to the gender-age distribution of the Hong Kong population. The research focuses on the categorical ethnic identity of "Chinese" and "Hongkonger," but these identities can exist non-exclusively. Thus

2552-467: The Hong Kong Academy for Performing Arts commented that he had never heard of "a film [selling] full houses at every single screening [being] pulled out from the theatres", and stated that "no exhibitor will admit to censorship or direct pressure from China". As a result, Ten Years was also shown on private screens at universities and rented places. Lost in the Fumes (2017) Lost in

2640-629: The Mong Kok site, as opposed to the main site in Admiralty which was led by the HKFS. They blamed the HKFS leadership for failure of the protest. Political localism and cultural localism coexist in Hong Kong . Political localism is an idea that is the opposite of centralising government power, and which advocates for deliberative democracies. Cultural localism focuses on the popular culture side, including languages, daily lives, films, and books. It

2728-688: The Nationalists which dominated the political scene at the time. There were few advocates for decolonisation of Hong Kong from the British rule during the post-war period, notably Ma Man-fai and the Democratic Self-Government Party of Hong Kong in the 1960s. The 1970s saw unprecedented waves of student movements, such as the Chinese Language Movement and the anti-corruption movement, the defend

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2816-458: The mainland Chinese 's cultural and political threat to the city, and attempts to reinforce a Hong Kong identity as opposed to the Chinese national identity . It often includes an anti-immigration stance, and it has been said that " nativism " is synonymous with localism. Some localists call themselves "autonomists", while the Beijing government brands them as " secessionists ". Hong Kong

2904-568: The territory's transfer of sovereignty in 1997 , today's movement as a whole emerged in the early 2010s and gained significant traction following widespread protests in 2014 against the Chinese government's decision to pre-screen Chief Executive candidates before allowing them to be chosen by the general public for the 2017 election . Following these protests, a number of localist political parties were formed, organising protests and participating in Legislative Council elections. In

2992-550: The 1990s as colonial rule was coming to an end. The 1989 Tiananmen massacre sparked massive local protest and fear about the looming Chinese rule. The local cultural scene responded by consolidating enthusiasm about distinctive features and the diversity of Hong Kong culture and identity. It cited post-colonial theory, rejecting a Sinocentric form of chauvinism , and promoting the cosmopolitanism of Hong Kong as an international city, together with liberal ideals of inclusiveness, diversity, and trans-nationality. It also emphasised

3080-711: The Administrative Court within the High Court of England and Wales ). The United States employs a mixed system in which some administrative decisions are reviewed by the United States district courts (which are the general trial courts), some are reviewed directly by the United States courts of appeals and others are reviewed by specialized tribunals such as the United States Court of Appeals for Veterans Claims (which, despite its name,

3168-487: The Chinese government and attacking Western-style democracy. A student-led group, Scholarism , headed by Joshua Wong , occupied the Hong Kong government headquarters, drawing a massive protester turnout and succeeding in securing a government backdown. The Undergrad , the official publication of the Hong Kong University Students' Union (HKUSU), from February 2014, published a few articles on

3256-612: The Diaoyu Islands movement , and so on, which were independent of the left-right spectrum and became the first wave of local consciousness. The Chinese Language Movement succeeded in having Chinese join English as an official language of Hong Kong. The student movements at the time consisted of some liberal , Chinese nationalist, and anti-colonialist elements. In the 1960s and 70s, the colonial government also attempted to create an apolitical local consciousness in order to boost

3344-655: The Fumes is a documentary about Hong Kong activist Edward Leung . In 2020, Ying e Chi , an organization for independent filmmakers, asked to broadcast Lost in the Fumes , but the request was rejected by the Wong Tai Sin District Office. The Office replied that the film advocated for and praised an individual. According to Manual on the Use of the District Council Funds , "projects that may give undue credit or publicity to an individual,

3432-579: The Hong Kong Baptist University Students' Union (HKBUSU) and the City University of Hong Kong Students' Union (CityUSU), broke up with the HKFS. Judicial review Judicial review can be understood in the context of two distinct—but parallel—legal systems, civil law and common law , and also by two distinct theories of democracy regarding the manner in which government should be organized with respect to

3520-705: The Journalism and Media Studies Centre at the University of Hong Kong in May 2000. In January 2002, it was transferred back to the Faculty of Social Sciences in the University of Hong Kong. On 23 April 2019, the Public Opinion Programme of the University of Hong Kong (HKUPOP) has announced that it will spin off from the university and continue its work independently, as a separate body. HKUPOP was closed on 30 June 2019. Its Director, Dr. Robert Chung, set up

3608-465: The United States, federal and state courts (at all levels, both appellate and trial) are able to review and declare the " constitutionality ", or agreement with the Constitution (or lack thereof) of legislation by a process of judicial interpretation that is relevant to any case properly within their jurisdiction. In American legal language, "judicial review" refers primarily to the adjudication of

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3696-399: The candidacies of the accused "pro-independence" localist candidates. Localism in the western context constitutes libertarian ideas of a decentralised local government as opposed to the central government, and stresses on self-sufficiency , agriculture, and communalism . Although Hong Kong localism also stresses the city's economic self-sufficiency and local democracy, it also emphasises

3784-572: The capitalist system in Hong Kong. They were also dissatisfied with the established opposition pro-democracy camp , which they considered ineffective in challenging the system. Several conservation movements led by young activists emerged, protesting against demolition of the Edinburgh Place Ferry Pier , the Queen's Pier , and the buildings on Lee Tung Street (known as "Wedding Card Street") in 2006 and 2007. Protests against

3872-411: The case law and in which it was repeatedly endorsed during the debate over the Constitution," and thus, on a personal level, Marshall "must have experienced judicial review as long-established." Moreover, "The fact that judicial review was exercised much more frequently than previously recognized in the years before Marbury helps explain why Marshall's assertion of the power to exercise judicial review in

3960-534: The central government said it would restrict Shenzhen residents to one visit a week. In July 2015, Hong Kong Indigenous marched to the Immigration Department to demand deportation of an undocumented 12-year-old Mainland boy Siu Yau-wai, who lived in Hong Kong for nine years without identification, with other nativists including Youngspiration . In January 2016, the group announced the candidacy of its 24 year old member Edward Leung Tin-kei for

4048-485: The constitution expressly forbids the courts to rule on the question of constitutionality of primary legislation passed by the Dutch legislature or States-General . In countries which have inherited the English common law system of courts of general jurisdiction, judicial review is generally done by those courts, rather than specialised courts. Australia, Canada and the United States are all examples of this approach. In

4136-739: The constitutionality of statutes, especially by the Supreme Court of the United States . Courts in the United States may also invoke judicial review in order to ensure that a statute is not depriving individuals of their constitutional rights. This is commonly held to have been established in the case of Marbury v. Madison , which was argued before the Supreme Court in 1803. Judicial review in Canada and Australia pre-dates their establishment as countries, in 1867 and 1901, respectively. The British Colonial Laws Validity Act 1865 provided that

4224-568: The construction of the Hong Kong section of the high-speed rail link to Guangzhou (XRL) escalated in 2009 and 2010 and established a new high point of the localist movement. The failure of the peaceful anti-XRL protests damaged the reputation of the left-leaning moderate activists. Some turned to a more radical approach. Scholar Chin Wan published the book On the Hong Kong City-State in 2011, which triggered fierce public debate and

4312-539: The court had the power of judicial review to enforce the separation of powers stated in the US Constitution. This was left uncontested by the U.S. Congress and president Thomas Jefferson , despite his expressed opposition to the principle of judicial review by an unelected body. Separation of powers is based on the idea that no branch of government should be able to exert power over any other branch without due process of law ; each branch of government should have

4400-1015: The court on 22 November after a judge-approved trip to Europe on condition of a HK$ 100,000 cash bail. The High Court issued an arrest warrant. According to pro-Beijing newspaper Wen Wei Po , Wong had absconded to the UK. On 18 December 2017, Edward Leung announced his departure from the Hong Kong Indigenous as spokesman ahead of his trial of instigating riot among other charges. Localism in Hong Kong High Court District Court Magistrates' Court Special courts and tribunals: Chief Executive Elections Legislative elections District council elections Consular missions in Hong Kong Hong Kong–China relations Hong Kong–Taiwan relations In Hong Kong , localism

4488-538: The debate and sales of the book Hong Kong Nationalism which featured the articles. In 2013, legal scholar Benny Tai , considered a moderate democrat, advocated a civil disobedience plan to pressure Beijing to implement genuine universal suffrage in Hong Kong . The plan matured into Occupy Central . The radical localists were largely against it, mainly because they believed it was a plot by pan-democrats to hijack popular support. Student activists from Scholarism and Hong Kong Federation of Students (HKFS) emerged as

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4576-411: The democracy movement and came out onto the streets. 7.1 People Pile was one of the groups which emerged after the protest. They were upset by the rapid urban development which was sweeping away old neighbourhoods and communities ( gentrification ). They were strongly opposed to the political and economic monopoly of vested interests, collusion between business and government, and questioned the nature of

4664-475: The effect of "diluting the ratio of local people" and depriving the locals' resources," especially in primary schools, public housing and certain jobs. It argues that a mainland "incursion" is stripping residents of their identity and rights. The group has criticised the pan-democracy camp 's "gentle approach" of non-violent civil disobedience and calls for a "militant" approach by "bravery and force". The group pushes for secession from China. Hong Kong Indigenous

4752-650: The film a "pro-independence film". China decided to stop the live broadcast of the ceremony due to the film's politically sensitive nature. In response, one of the film's directors said that he does not see Ten Years as promoting a political agenda, but imagining the future of Hong Kong and reflecting Hong Kong's political reality. Some theatres in Hong Kong also refused to broadcast the film despite it grossing over 6 million Hong Kong dollars . This included Broadway Circuit, one of Hong Kong's main theaters chains. In its explanation, it claimed that there were "too many films" screening at that time. A film critic and professor at

4840-423: The form but later agreed to sign the form after the court refused to immediately hear the judicial review . Leung was banned along with five other pro-independence activists after the end of the nomination period. In November 2017, Ray Wong who was charged for instigating riot, joint incitement and inciting others to take part in an unlawful assembly failed to report to the police and return his travel documents to

4928-483: The former convenor and key figure of the group. Hong Kong Indigenous states that it opposes the increased influence of mainland China and the Beijing government's involvement in Hong Kong. It opposes the increased use of standard Mandarin in Hong Kong schools instead of the native Cantonese . It also claims that the growing number of mainland migrants – due to the issuing of one-way travel permits to mainlanders over which Hong Kong has no control whatsoever – would have

5016-459: The government and the localist camp. It nominated to be one of the best films at the 35th Hong Kong Film Awards Presentation Ceremony. An editorial published in Global Times , a tabloid owned by the Chinese Communist Party , mentioned that the film was ridiculous and promoted desperation in Hong Kong, calling it a "virus of the mind". Meanwhile, pro-Beijing newspaper Ta Kung Pao called

5104-611: The group Hong Kong Autonomy Movement , but later left and set up his own autonomist group called the Hong Kong Resurgence Order . Another group inspired by Chin's idea and called the Hong Kong Nativism Power was set up in 2011. They protested against the inclusion of non- Hong Kong permanent residents in the HK$ 6,000 cash handouts program demanded by new immigrants support groups, and called for

5192-513: The group was actively involved in violent clashes with police in Mong Kok arising from the group's call for action to protect illegal street hawkers from a government crackdown. Spokesman and Legislative Council by-election candidate Edward Leung Tin-kei and around 20 members and volunteers of the group were arrested. Convenor Ray Wong Toi-yeung dismissed the claim that they incited the violent clashes and stated that they were only there to defend

5280-566: The head of the Hong Kong Tourism Board , suggested popularising Mandarin by starting teaching Mandarin from kindergarten, as teaching Cantonese separated Hong Kong from mainland China. In 2014, the Education Bureau stated that Cantonese was a "Chinese dialect that is not an official language" on its website detailing Hong Kong's language policy, sparking controversy among Hongkongers, who believe that Cantonese

5368-503: The highest point since 1997. Research on citizens' categorical ethnic identity from 1997 to 2019. Demonstrates a significant increase in the categories of "Hongkonger" and "Hongkonger and Hongkonger in China," whereas the number of identifying themselves as "Chinese," "Chinese in Hong Kong," "Chinese and Chinese in Hong Kong" and "mixed identity" had decreased. After the Occupy movement, several organisations named "Umbrella organisations" by

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5456-623: The importance of universal values, a diverse civil society, civic education, press and academic freedoms after 1997. In the late 1980s, established politicians, most notably Anson Chan , Chung Sze-yuen , and the Office of the Unofficial Members of the Executive and Legislative Councils (UMELCO), sought to voice the concerns on the behalf of the Hong Kong people in discussions between the Chinese and British governments. This, however,

5544-405: The increasing number of mainland immigrants and mainland tourists . Although grouped together with liberals , they have a distinct view as they advocate for Hongkongers' right to self-determination . In the aftermath of the 2019–2020 Hong Kong protests , localists were largely absorbed into the pro-democracy camp . Though localist camps with different agendas and ideologies have existed since

5632-470: The law, with no power to create (or destroy) legal principles. Secondly, the idea of separation of powers is another theory about how a democratic society's government should be organized. In contrast to legislative supremacy, the idea of separation of powers was first introduced by Montesquieu ; it was later institutionalized in the United States by the Supreme Court's ruling in Marbury v. Madison that

5720-417: The leaders in the Occupy protests. They posted the slogan "self-determination of our fate" outside the government headquarters. Radical localists, many of whom criticised the occupation plan before, participated in the protests and advocated a more "militant" approach as opposed to the strict principles of non-violence advocated by the three promoters of Occupy Central and the student activists. They gathered at

5808-527: The legitimacy of the colonial rule. Under Governor Murray MacLehose 's administration, Hong Kong underwent a massive decolonisation reform. The aim of creating a local identity was to raise the bid for the British side in the upcoming negotiation over Hong Kong sovereignty after 1997 . The British government also carefully avoided increasing the Hong Kong people's sense of Britishness as it had already decided to prevent massive migration from Hong Kong to Britain. The second wave of local consciousness emerged in

5896-553: The media were set up, in which many of them carried certain degree of localist discourses, notably Youngspiration and Hong Kong Indigenous . Youngspiration took part in the 2015 District Council election with many other newcoming "Umbrella soldiers" and eventually won one seat out of nine candidates. Hong Kong Indigenous is notable for its protest style, in which it calls for a "militant" approach with "some kind of clash", as opposed to pan-democrats' "gentle approach" of non-violent civil disobedience. The Hong Kong Independence Party

5984-464: The more radical elements call for a return to British rule or full independence as a sovereign state . Some also advocate for a more aggressive and militant stance against the mainland government in defending local interests. For that reason, they are labelled as "radicals" and " separatists " by the Chinese government. Issues of concern to the localist camp include land use and development, cultural and heritage conservation, parallel trading , and

6072-579: The parties to the lawsuit; in the second, the Court's decision must be followed by judges and government officials at all levels. Judicial review as a contribution to political theory is sometimes said to be a "distinctively American contribution," argued to have been established in the US Supreme Court's decision in Marbury v. Madison (1803). However, "the American version of judicial review

6160-418: The principles and doctrines of legislative supremacy and the separation of powers. First, two distinct legal systems, civil law and common law , have different views about judicial review. Common-law judges are seen as sources of law, capable of creating new legal principles, and also capable of rejecting legal principles that are no longer valid. In the civil-law tradition, judges are seen as those who apply

6248-414: The same time, the localists are hostile toward the pan-democracy camp , as they believed the pan-democrats' cosmopolitanism as unrealistic and their wish for a democratic China will sacrifice Hong Kong's interests. They are also dissatisfied with the believed ineffectiveness of the pan-democrats as the opposition party for the past 20 years. On the other hand, the nativist tendency of the localist movements

6336-566: The same way that judicial decisions are, rather a court will enforce that principles of procedural fairness are followed when making judicial decisions. Most modern legal systems allow the courts to review administrative "acts" (individual decisions of a public body, such as a decision to grant a subsidy or to withdraw a residence permit). In most systems, this also includes review of secondary legislation (legally enforceable rules of general applicability adopted by administrative bodies). Some countries (notably France and Germany) have implemented

6424-578: The street hawkers. In the 2016 Legislative Council election , Edward Leung intended to run in once again New Territories East. The Electoral Affairs Commission (EAC) carried out a new election measure, requiring all candidates to sign an additional "confirmation form" in the nomination to declare their understanding of Hong Kong being an inalienable part of China as stipulated in the Basic Law of Hong Kong . Leung initially refused to sign

6512-458: The subject of a Hong Kong nation. Articles entitled "The Hong Kong nation deciding its own fate" and "Democracy and Independence for Hong Kong" raised the localist discourse to the level of political autonomy for Hong Kong, which in effect would be tantamount to Hong Kong independence. Chief Executive Leung Chun-ying used his 2015 New Year's policy address to direct harsh criticism at the magazine for promoting Hong Kong independence , fanning both

6600-410: The survey provides 7 options for respondents: Hongkonger (香港人), Hongkonger in China (中國的香港人), Chinese in Hong Kong (香港的中國人), Chinese (中國人), Hongkonger and Hongkonger in China (香港人+中國的香港人), Chinese and Chinese in Hong Kong (中國人+香港的中國人) and mixed identity (混合身分). In the June 2008 survey, during the 2008 Sichuan earthquake and the 2008 Beijing Olympics , only 18.1% of respondents identified themselves as

6688-556: The term 'judicial review' generally refers to reviews of the lawfulness of the actions of the executive and the public service, while reviews of the compatibility of laws with the Australian Constitution is known as characterisation or constitutional challenges. In 1920, Czechoslovakia adopted a system of judicial review by a specialized court, the Constitutional Court as written by Hans Kelsen ,

6776-570: Was condemned as "xenophobic" by mainstream activists and the Chinese government. In the 2012 Legislative Council election , some pan-democrat candidates, including Claudia Mo of the Civic Party and Gary Fan of the Neo Democrats , both claiming to be moderates, expressed some localist ideas and raised concerns on tourist and immigration policies. For that, they set up a parliamentary group called HK First . Legislator Wong Yuk-man ,

6864-599: Was conducted by the Hong Kong University Public Opinion Program (HKUPOP). HKUPOP was established in June 1991 to collect and study public opinion on topics that could be of interest to academics, journalists, policy-makers, and the general public. HKUPOP was at first under the Social Sciences Research Centre, a unit under the Faculty of Social Sciences of the University of Hong Kong. It was transferred to

6952-574: Was established in 1841 as a free port . The colonial government encouraged the free movement of capital and labour and there was not a strict sense of "Hong Kong residents" or "Hong Kong people". Residents were not registered by the government until 1949, a response to the influx of refugees fleeing from the Communists ' takeover in mainland China . Sociologist Lui Tai-lok in his book Four Generations of Hong Kong People , divided Hong Kong people into four generations. The first generation, he states,

7040-666: Was formed in April 2015 advocating an independent Hong Kong within the British Commonwealth . The localists' disaffection toward the HKFS resulted in a great split in the student federation. The localists launched a campaign quitting the HKFS. By the end of 2015, four of the eight student unions consisting the federation, the Hong Kong University Students' Union (HKUSU), the Hong Kong Polytechnic University Students' Union (HKPUSU),

7128-407: Was much better established in the years immediately after the adoption of the [United States] constitution than has previously been recognized, and it was far from rare... [and] judicial invalidation of statutes fell into certain patterns." US Chief Justice John Marshall, the author of Marbury v. Madison , "came from Virginia, the state in which [judicial review] was particularly well established by

7216-451: Was popular among the young generation. In the book, Chin suggests abandoning the hope for a democratic China and positioning the democracy movement in a "localist" perspective, in order to counter Beijing's " neo-imperialist " policies toward Hong Kong. It analysed the potential threat of the influx of mainland tourists and mainland immigrants to the established institutions and social customs of Hong Kong, which he considered likely part of

7304-460: Was set up by a group of youngsters who participated in the 2014 Hong Kong protests in January 2015. It organised anti-parallel trading protests with another nativist group Civic Passion against the growing influx of mainland Chinese shoppers engaging in parallel trading in early 2015, aggressively picketing the alleged shoppers and having clashes with the police. After the third demonstration,

7392-654: Was tension between its tendency toward legislative supremacy and the EU's legal system, which specifically gives the Court of Justice of the European Union the power of judicial review. When carrying out judicial review a court may ensure that the principle of ultra vires are followed, that a public body's actions do not exceed the powers given to them by legislation. The decisions of administrative acts by public bodies under judicial review are not necessarily controlled in

7480-745: Was the logical result of centuries of European thought and colonial experience which had made Western [societies] generally willing to admit the theoretical primacy of certain kinds of law and had made Americans in particular ready to provide a judicial means of enforcing that primacy." That is, the "belief in the need to subordinate certain acts of the law-making power to higher, more permanent principles" can be seen, for example, in medieval European scholastics , courts of equity in England, Parlements in France, and Enlightenment philosophes . Moreover, writing in 2005, Treanor argued that "judicial review

7568-586: Was the ones who were born before 1945 and had experienced the Japanese occupation of Hong Kong ; while the baby boomers , the second generation born after the war, were the first wave of local consciousness. The baby boomers were children of the refugees, but were born and raised in Hong Kong and have a strong sense of belonging. They sought to break through the Cold War rivalry between the Communists and

7656-433: Was to let students understand Hong Kong's local history, and said that they would continue the broadcast, and hoped that the university would stop restricting political freedoms. Over the past 23 years, Hong Kong citizens' self-identity has evolved. In 2008, most Hong Kong citizens responded and identified themselves as Chinese, but by 2019, most people in Hong Kong regard themselves as Hongkongers. This change contributed to

7744-461: Was unfruitful and saw Hong Kong's sovereignty transferred to the People's Republic of China (PRC) in 1997. The 1 July 2003 march recorded an estimated 500,000 to 700,000 people demonstrating against the government's proposed anti-sedition legislation , the largest protest since the public response to the 1989 Tiananmen Square protests. Many post-80s (the generation who were born in the 1980s, millennials in western terminology) were inspired by

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