Class 2: 30 January 2012

Legal Systems and Rules Restricting Free Expression

An introduction to the legal foundations necessary to the study of media law. How do legal systems differ around the world? What effect does this have on the types of laws that exist in different countries, and the rules that apply in deciding when freedom of expression can be restricted.

In this class, students will also receive their briefing paper assignment (which constitutes 20% of the final course mark), and Sky will give guidance on how to approach this assignment which must be submitted no later than Monday February 20.

Readings:

Primary:

• Legal Systems (Chapter 2), Hong Kong Media Law
• Chan, “Freedom of the Press: The First Ten Years in the Hong Kong Special Administrative Region,” Asia Pacific Law Review, Vol. 15, No. 2 (2007)
• Gittings, “Hong Kong’s Courts Are Learning to Live With China,” Hong Kong Journal, Fall 2010.

Supplementary

• Jim Yardley, A Judge Tests China’s Courts, Making History (New York Times, Nov. 28, 2005. 
• Hong Kong Journalist Association Annual Report 2011, Two Systems Compromised, Free Expession under Threat in Hong Kong.

Case Studies

• HKSAR v Ng Kung Siu (national flag case) (Court of Appeal, March 1999) and (Court of Final Appeal, Dec 1999)