Johannes Chan
Encyclopedia
Johannes Chan Man-mun SC
Senior Counsel
The title of Senior Counsel or State Counsel is given to a senior barrister or advocate in some countries, typically equivalent to the title "Queen's Counsel" used in Commonwealth Realms...

 (Hons) is the Dean
Dean (education)
In academic administration, a dean is a person with significant authority over a specific academic unit, or over a specific area of concern, or both...

 of the Faculty of Law
Law school
A law school is an institution specializing in legal education.- Law degrees :- Canada :...

 for the University of Hong Kong. He is a practising barrister-at-law who specializes in human rights
Human rights
Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...

, constitutional
Constitutional law
Constitutional law is the body of law which defines the relationship of different entities within a state, namely, the executive, the legislature and the judiciary....

 and administrative law
Administrative law
Administrative law is the body of law that governs the activities of administrative agencies of government. Government agency action can include rulemaking, adjudication, or the enforcement of a specific regulatory agenda. Administrative law is considered a branch of public law...

. In February 2009 he was banned from entering Macau
Macau
Macau , also spelled Macao , is, along with Hong Kong, one of the two special administrative regions of the People's Republic of China...

 and raised strong responses from both pro-Beijing and pro-democracy camps.

Early life

Chan was born and educated in Hong Kong. He earned his LLB from the University of Hong Kong and his LLM at the London School of Economics and Political Science.

Career

Chan was called to the Hong Kong Bar in September 1982. Currently, he is still practising as a barrister-at-law who specializes in public law
Public law
Public law is a theory of law governing the relationship between individuals and the state. Under this theory, constitutional law, administrative law and criminal law are sub-divisions of public law...

 and human rights
Human rights
Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...

. He received the Human Rights Press Award in 1999. In 2003, he was appointed as the first Honorary Senior Counsel
Senior Counsel
The title of Senior Counsel or State Counsel is given to a senior barrister or advocate in some countries, typically equivalent to the title "Queen's Counsel" used in Commonwealth Realms...

 in Hong Kong
Hong Kong
Hong Kong is one of two Special Administrative Regions of the People's Republic of China , the other being Macau. A city-state situated on China's south coast and enclosed by the Pearl River Delta and South China Sea, it is renowned for its expansive skyline and deep natural harbour...

. He has appeared as counsel in many constitutional law cases, such as Lam Siu Po v. Commissioner of Police.

Chan joined the University of Hong Kong as a teaching staff in 1985, became a Senior Lecturer
Senior lecturer
Senior lecturer is an academic rank. In the United Kingdom, lecturer is a faculty position at a university or similar institution. Especially in research-intensive universities, lecturers lead research groups and supervise research students, as well as teach...

 in 1991, an Associate Professor in 1996, a Professor in 1998, the Head of Department of Law in 1999 and the Dean of the Faculty of Law in 2002.

Chan has published widely in legal journals regarding human rights. He was a founding member of the Article 23 Concern Group and Article 45 Concern Group
Article 45 Concern Group
Basic Law Article 45 Concern Group is a pro-democracy political group in the Hong Kong Special Administrative Region of the People's Republic of China. It was established on 14 November 2003 by legal practitioners and academics...

. He was also one of the founders of Hong Kong Human Rights Monitor
Hong Kong Human Rights Monitor
Hong Kong Human Rights Monitor is a local non-governmental organization which was established in April 1995. It aims at promoting better human rights protection in Hong Kong in the aspect of legislation and people's everyday life....

.

Denied entry by Macau

On February 27, 2009 Chan was invited to give a speech at the University of Macau
University of Macau
The University of Macau, ;, established in 1981, was the first and currently the largest university in Macau, a former Portuguese colony. It was formerly known as University of East Asia , and was renamed the University of Macau in 1991. The university offers about 100 Doctoral, Master's and...

. Under the newly enacted Macau national security law
Macau national security law
Macau's national security law is a law in Macau which prohibits and punishes acts of "treason, secession, and subversion" against the Chinese government, as well as "preparatory acts" leading to any of the three acts...

 he was not allowed to enter Macau. He believed the entrance block was related to his role in the Article 23
Hong Kong Basic Law Article 23
Hong Kong Basic Law Article 23 is the basis of a security law proposed by the Government of Hong Kong. It states:On 24 September 2002 the government released its proposals for the anti-subversion law. It is the cause of considerable controversy and division in Hong Kong, which operates as a...

 concern group in 2002. The only explanation given by Macau officials on the block was that his name was on a list and that they were just doing their job.

Earlier in December 2008, nine pro-democracy lawmakers were denied entry to Macau, where they planned to protest against Macau's version of the Article 23 laws
Macau national security law
Macau's national security law is a law in Macau which prohibits and punishes acts of "treason, secession, and subversion" against the Chinese government, as well as "preparatory acts" leading to any of the three acts...

. Two pro-democracy figures including Frederick Fung
Frederick Fung
Frederick Fung Kin-kee SBS, JP is the former chairman of the Hong Kong Association for Democracy and People's Livelihood , a pro-democracy political party in Hong Kong...

 (馮檢基), and photographer Felix Wong (王智強) planning to cover a corruption hearing were all barred from entering the territory.

Responses that disagree with the ban

Legislator Nelson Wong said "it seems that Hong Kong lawmakers, journalists and academics are inferior to gamblers, sex tourists and loan sharks." Ronny Tong
Ronny Tong
Ronny Tong Ka-wah QC, SC is a Senior Counsel and current member of the Legislative Council of Hong Kong , representing the New Territories East constituency. He is also a member of the Civic Party Executive Committee....

 said it would be better for Hong Kong people to not travel to Macau (casinos
Casinos
Casinos can refer to:*the plural of Casino*Casinos, Valencia, a municipality in Spain*The Casinos, an American popular music group...

) for entertainment. Pro-Beijing camp Regina Ip
Regina Ip
Regina Ip Lau Suk-yee, GBS JP is a member of the Legislative Council of Hong Kong , as well as the co-founder and current chairwoman of the New People's Party and Savantas Policy Institute....

 said the SAR government must react since it affects the human rights of citizens. Albert Ho
Albert Ho
Albert Ho Chun-yan . He is currently secretary general of the Hong Kong Alliance in Support of Patriotic Democratic Movements in China and chairman of the Democratic Party. He is a solicitor and a member of the Legislative Council of Hong Kong....

 called on the Hong Kong government to stop allowing Macau senior officials from entering Hong Kong if they continued to turn away pro-democracy politicians.

Responses that agree with the ban

Macau Chief Exec
Chief Executive of Macau
The Chief Executive of Macau is the head of the government of Macau, a special administrative region of the People's Republic of China and a former Portuguese overseas province.Under the Basic Law of Macau, the CE's role is:...

 Edmund Ho
Edmund Ho
Edmund Ho Hau Wah, GCIH, GML, GCM was the Chief Executive of the Macau Special Administrative Region of the People's Republic of China. He is now the vice-chairman of the 11th Chinese People's Political Consultative Conference....

 said that his officials had acted according to the law. He personally believed it has nothing to do with the legislation of Article 23.

Casino tycoon Stanley Ho
Stanley Ho
Stanley Ho, GBM, GLM, GBS, GML, OBE , also known as Ho Hung Sun, Stanley Ho Hung Sun, is an entrepreneur in Hong Kong and Macau. Ho is sometimes nicknamed "The King of Gambling", reflecting the government-granted monopoly he held of the Macau gambling industry for 40 years...

 attending the CPPCC
Chinese People's Political Consultative Conference
The Chinese People's Political Consultative Conference [], shortened as 人民政协, Rénmín Zhèngxié, i.e. "People's PCC"; or just 政协, Zhèngxié, i.e. "The PCC"), abbreviated CPPCC, is a political advisory body in the People's Republic of China...

 meeting in Beijing
Beijing
Beijing , also known as Peking , is the capital of the People's Republic of China and one of the most populous cities in the world, with a population of 19,612,368 as of 2010. The city is the country's political, cultural, and educational center, and home to the headquarters for most of China's...

 at the time, said "those who were barred deserved what they got. It was absolutely correct the government closed the door on the people concerned because they were troublemakers who stirred up shit. It was wonderful Macau had the new security law because it maintained order. It will be a huge loss for Hong Kong. Without the article, Hong Kong will be less safe."

Works

  • 1990: Human Rights in Hong Kong
  • 1993: Public Law and Human Rights: A Hong Kong Sourcebook (with Andrew Byrnes
    Andrew Byrnes
    James Andrew Byrnes is a Canadian rower and Olympic gold medalist. He was born in Toronto, Ontario and raised in Ithaca, New York...

    )
  • 1993: The Hong Kong Bill of Rights: A Comparative Approach (with Yash Ghai)
  • 1995: The Hong Kong Bill of Rights: Two Years Before 1997 (with George Edwards
    George Edwards
    George Edwards was an English naturalist and ornithologist, known as the "father of British ornithology".Edwards was born at Stratford, Essex. In his early years he travelled extensively through mainland Europe, studying natural history, and gained some reputation for his coloured drawings of...

    )
  • 1995: Media Law and Practice (with Kenneth Leung
    Kenneth Leung
    Kenneth Leung is a leading tax adviser in Hong Kong. He has been voted the world's 250 top tax advisers since 2008. He currently heads the Asia Pacific tax practice of an international law firm...

    )
  • 1999: General Principles of Hong Kong Law (with Albert Chen
    Albert Chen
    Albert Hung Yee Chen is a legal scholar in Hong Kong. He was the immediate past Dean of the Faculty of Law of the University of Hong Kong, where he currently serves as the Chan Professor in Constitutional Law.-History:...

     & Others)
  • 2000: Hong Kong's Constitutional Debate: Conflict over Interpretation (with Fu Hualing and Yash Ghai)
  • 2000: On the Road to Justice
  • 2004: Immigration Law in Hong Kong (with Bart Rwezaura)
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