Cooking the Rice without Cooking the Goose: The Rule of Law, the Battle over Business, and the Quest for Prosperity in Hong Kong after 1997

1997 ◽  
pp. 31-70
Author(s):  
Jacques deLisle ◽  
Kevin P. Lane
Keyword(s):  
Hong Kong ◽  
Rule Of Law ◽  
The Rule Of Law

scholarly journals Developing an Index of the Rule of Law: Sharing the Experience of Hong Kong

2007 ◽  
Vol 2 ◽  
pp. 1-19 ◽  
Author(s):  
Benny Y.T. Tai
Keyword(s):  
Hong Kong ◽  
Rule Of Law ◽  
Legal System ◽  
Downward Trend ◽  
Legal Systems ◽  
Major Aspect ◽  
The Rule Of Law ◽  
Qualitative And Quantitative

AbstractThe Rule of Law is considered a major aspect of modern governance. For every legal system, it is important whether the Rule of Law is attained and how far it has been attained. Though there are various indicators and indexes of the Rule of Law they all have their limitations. This paper reported a study conducted in Hong Kong in 2005, combining qualitative and quantitative methodologies, to assess the level of attainment of the Rule of Law in Hong Kong. It is found that the level of attainment is high but a downward trend is also discovered. A main objective of developing this new methodology in assessing Rule of Law, is that it could be used for tracking the development of the Rule of Law in a particular legal system and facilitating comparison between legal systems.

“Key challenges facing the rule of law in Hong Kong”

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Ryuta Hagiwara
Keyword(s):  
Hong Kong ◽  
Rule Of Law ◽  
Design Methodology ◽  
Content Type ◽  
The Rule Of Law ◽  
Chinese Law

Purpose This paper aims to highlight key challenges to the rule of law in Hong Kong. Design/methodology/approach This study deploys a historical and legal approach to explore the key challenges to the rule of law in Hong Kong. In particular, this paper analyzes legal conflicts in Hong Kong. Findings The findings show how the rule of law in Hong Kong has become a prominent battlefield of a constitutional struggle between Hong Kong Law and Chinese Law. Originality/value This paper hypothesizes that the conflicts arise from the different interpretations and conceptualizations of the rule of law between China and Hong Kong.

Lady Justice or the golden calf? The “China factor” in Hong Kong’s legal system

2019 ◽  
Vol 15 (2) ◽  
pp. 178-196
Author(s):  
Yan-Ho Lai
Keyword(s):  
Hong Kong ◽  
Rule Of Law ◽  
Legal System ◽  
Legal Profession ◽  
Content Type ◽  
The Rule Of Law ◽  
Joint Declaration ◽  
Basic Law ◽  
Twentieth Anniversary ◽  
Political Economic

Purpose Despite the preservation of “One Country, Two Systems” for 50 years under the Sino-British Joint Declaration and Basic Law, changes are palpable due to the emergence of a real contest between liberal and pro-China actors in the legal profession and the legal environment in Hong Kong. After celebrating the twentieth anniversary of Hong Kong’s sovereignty transfer from Britain to China, it is valuable to study how the sovereign power influence the rule of law in its semiautonomous city by non-legal measures. This paper aims to offer a preliminary research on China’s political economic strategy, which is regarded as the “China factor”, in the legal system of Hong Kong, and its political, economic and legal-cultural impacts on the rule of law. Design/methodology/approach This paper argues that China exerts its influence over the legal system of Hong Kong in four domains, including ideology, political elections, legal organization and cross-border political economy. Based on media research and content analysis over published materials of various legal associations and institutions, it is found that China attempts to consolidate its control in Hong Kong by producing alternative legal ideology and discourse of the rule of law and by co-opting the legal profession under China’s united front strategy. Findings While there are liberal lawyers and legal scholars vocally engaging in defense of human rights and the rule of law in Hong Kong, a network of legal profession promoting socialist and authoritarian legal values has become prominent. Hong Kong’s legal culture will continue to be shaped in accordance with authoritarian characteristics and will adversely affect developing the rule of law in this international city. Originality/value This paper contributes to the study of China’s influence over the legal profession of Hong Kong and in general Hong Kong’s jurisdiction by offering an example to the international community that contributes towards understanding how China adopts different strategies to expand political significance beyond its border.

scholarly journals British Views of the Legacy of the Colonial Administration of Hong Kong: A Preliminary Assessment

1997 ◽  
Vol 151 ◽  
pp. 553-566
Author(s):  
Brian Hook
Keyword(s):  
International Trade ◽  
Hong Kong ◽  
Communist Party ◽  
Rule Of Law ◽  
Chinese Communist Party ◽  
Colonial Administration ◽  
Preliminary Assessment ◽  
The Rule Of Law ◽  
Historical Significance

The legacy of the colonial administration of Hong Kong, viewed from the majority of constituencies in Britain, is chiefly formed from the characteristics of the territory on the eve of retrocession. This, it will be noted, is in sharp contrast to the views formed by both the Chinese Communist Party (CCP) and many Chinese observers. The British prefer to emphasize personal freedoms, the rule of law, the independence of the judiciary, the efficiency of government, the competitiveness of business, the preeminent status in international trade, the suppression of corruption, the quality of the engineering infrastructure, and the improving health and welfare provisions as essential characteristics of their legacy.Their Chinese counterparts are much more likely to hark back to the bad old days of national humiliation and imperialist exploitation, seeking to draw the attention of all compatriots to the historical significance of reunification.

‘Cultural Revolution in Hong Kong’: Emergency Powers, Administration of Justice and the Turbulent Year of 1967

2011 ◽  
Vol 46 (4) ◽  
pp. 1007-1032 ◽  
Author(s):  
RAY YEP
Keyword(s):  
Hong Kong ◽  
Rule Of Law ◽  
Due Process ◽  
Public Support ◽  
The Rule Of Law ◽  
Emergency Powers ◽  
British Rule ◽  
Political Expediency ◽  
Due Process Of Law ◽  
Difficult Times

AbstractThe rule of law has always been cherished as one of the key institutions central to the successful transformation of Hong Kong from ‘a barren rock’ into a global city. The colonial administration's respect for the principles of the rule of law, however, has been tested by sporadic political turbulence during the 150 years of British rule. Due process of law and other key principles of English laws have been compromised by political expediency when the colonizers felt threatened by challenges from various sources. The 1967 Riots was one of those difficult times. Despite the facade of public support for firmness against disturbances enjoyed by the colonial government, the exercise of some of these emergency powers, particularly the powers to detain and deport, remained highly controversial. With normalization of the Anglo-Chinese relationship in mind, the confrontation prisoners constituted a stumbling block for renewing the friendship with Beijing. The various attempts made by London at pressurizing the Hong Kong government for early release of these prisoners attest to the prevalence of political expediency over the respect for the rule of law under colonial rule.

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