WRITINGS ON GREATER CHINA:
HONG KONG / PRC / TAIWAN
by
ROBERT J. MORRIS 司徒毅 JD, PhD
Background
The Greater China area (Hong Kong, the People’s Republic of China,
and Taiwan) is a fascinating place for the study of comparative law—
particularly constitutional law. This was the subject of my PhD thesis at the
University of Hong Kong in 2007. Several of the articles listed here grew
out of my thesis chapters. Several others on different subjects focus on
strictly local rather than comparative issues. There is also one short story.
My primary concern as I have lived in these three parts of the world
has been with the law surrounding the “freedom of expression”—speech,
press, assembly, thought, demonstration, dissent, and the like. These
freedoms are under threat everywhere in the world—everywhere—but
especially in the oppressive regimes and dictatorships that still dot the globe.
My hero is Dr. Sun Yat-sen (孫中山醫師), the great Chinese patriot,
scholar, revolutionary, and democrat. He is the “patron saint” and most
famous graduate of my alma mater, The University of Hong Kong.1 His
book, The Three Principles of the People 《三民主义》, is a world classic on
democratic theory. He is honored in name everywhere, but, sadly, in
practice only in Taiwan.
I encourage research in original Chinese-language materials (as
indeed in the original language of any primary source). My debt to the
language is apparent in all of these materials.2 As the wisdom says: 原汁原味,
the original taste of the original gravy, a statement about good cooking that
also means that using the original sources—the “genuine article”—is
essential.
1
See the link at <http://100.hku.hk/sunyatsen>.
2
See also my notes on language at the link on this Web page to My Bibliography on Hawai‘i.
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Publications
1968 “A Novitiate for Hu Chan,” Wye Literary Magazine, Fall Issue, p. 4
(short story).
1969 “Middle Buddha,” 4(1) Dialogue: A Journal of Mormon Thought 43;
full text available online at <https://dialoguejournal.com/wpcontent/uploads/sbi/articles/Dialogue_V04N01_43.pdf>.
1970 “Some Problems of Translating Mormon Thought into Chinese,” 10(2)
BYU Studies 173; full text available online at
<https://byustudies.byu.edu/PDFLibrary/10.2Morris.pdf>.
1972 “A Critical and Synoptic Approach to Hsiao Ching [孝經] as
Literature,” Master’s Thesis, Brigham Young University
<http://catalog.lib.byu.edu/uhtbin/cgisirsi/sev14GX5Lj/LEE/40830076/9>.
2001 Book review essay, 8(2) China Review International 396, reviewing
Berry F. C. Hsu, Laws of Banking and Finance in the Hong Kong SAR.
2002 “Letter from Shenzhen,” Honolulu Weekly, May 15-21, p. 5
2002 Book review essay, 32(1) Hong Kong Law Journal 224, reviewing
Perry Keller (ed), Chinese Law and Legal Theory.
2004 “Constitutioning Hong Kong: ‘One Country, Two Systems’ in the
Dock,” Book Review Essay, 11(2) China Review International 30,
reviewing Johannes M. M. Chan, H. L. Fu, and Yash Ghai (eds), Hong
Kong’s Constitutional Debate: Conflict Over Interpretation.
2005 “Comment: The ‘Replacement’ Chief Executive’s Two-Year Term: A
Pure and Unambiguous Common Law Analysis,” 35(1) Hong Kong Law
Journal 17.
2005 Book Review Essay, 12(2) China Review International 235,
reviewing Randall Peerenboom, China’s Long March Toward Rule of Law.
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2005 Book Review Essay, 12(2) China Review International 70, reviewing
Fu Hualing, Carole J. Petersen, and Simon N. M. Young (eds), National
Security and Fundamental Freedoms: Hong Kong’s Article 23 Under
Scrutiny.
2005 “Summoning Democracy, Justice, and Pluralism: Taiwan’s Council of
Grand Justices,” 4(2) Journal of Comparative Asian Development 337.
2006 Book Review Essay, 13(1) China Review International 221,
reviewing Thomas A. Metzger, A Cloud Across the Pacific: Essays on the
Clash Between Chinese and Western Political Theories Today.
2007 , “A Comparative Study of the Meaning and Importance of Several
Constitutional Cases in the Highest Courts of the PRC, Hong Kong, and
Taiwan,” PhD Thesis, University of Hong Kong Department of Law
<http://library.hku.hk/record=b3767862>.
2007 “Forcing the Dance: Interpreting the Hong Kong Basic Law
Dialectically” in Hualing Fu, Lison Harris, and Simon N. M. Young (eds),
Interpreting Hong Kong’s Basic Law: The Struggle for Coherence (New
York & Hampshire UK, 2007), 97-111.
2007 Book Review Essay, 37(3) Hong Kong Law Journal 1013, reviewing
Paul Harris, The Right To Demonstrate: A History of Popular
Demonstrations from the Earliest Times to Tian An Men Square and
Beyond.
2008 Book Review Essay, 38(1) Hong Kong Law Journal 309, reviewing
Christine Loh and Civic Exchange (eds), Functional Constituencies: A
Unique Feature of the Hong Kong Legislative Council.
2008 “The Hong Kong Lands Resumption Ordinance: Implications of Law
and Public Policy for International Construction Projects” in Edwin H. W.
Chan (ed), Contractual and Regulatory Innovation in the Building and Real
Estate Industry (Hong Kong: Pace Publishing), 88-94.
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2010 “China’s Marbury: Qi Yuling v. Chen Xiaoqi—The Once and Future
Trial of Both Education and Constitutionalization” 2(2) Tsinghua China Law
Review/《清华中国法律评论》273-316.
2011 Book Review Essay, reviewing Peter Cane and Herbert M. Kritzer
(eds), The Oxford Handbook of Empirical Legal Research, 41(3) Hong Kong
Law Journal 883-89.
January 15, 2012
www.robertjmorris.net
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