Approaching the Legitimacy Paradox in Hong Kong: Lessons for Hybrid Regime Courts

2020 ◽  
pp. 1-39
Author(s):  
Julius Yam
Keyword(s):  
Hong Kong ◽  
Procedural Justice ◽  
Mainland China ◽  
Public Trust ◽  
Differential Treatment ◽  
Political Actors ◽  
Political Environments ◽  
Hybrid Regime

A hybrid regime court faces a legitimacy paradox: an activist court risks attracting backlash from the incumbent, whereas a deferential court may undermine public trust. The Hong Kong courts, at least in the twenty or so years following handover, provide an example of courts successfully navigating the legitimacy paradox despite the conflicting expectations from political actors. This article draws on the experiences of the Hong Kong courts to better understand the legitimacy paradox. It identifies three tools that Hong Kong courts have used to maneuver through the paradox, namely (1) the differential treatment of cases according to political stakes; (2) the use of comparative jurisprudence; and (3) the commitment to procedural justice. Studying these techniques may provide relevant insights to courts in similarly constrained political environments as to how judicial legitimacy can be earned. The article also reflects on the institutional future of Hong Kong courts in light of the increasing polarization of Hong Kong society as a result of the anti-extradition bill protests and signs of greater interference from Mainland China.

Trade Ties between Hong Kong and Mainland China

Asian Survey ◽  
1970 ◽  
Vol 10 (9) ◽  
pp. 820-839
Author(s):  
Patrick Yeung
Keyword(s):  
Hong Kong ◽  
Mainland China

scholarly journals Characterization of a Human H5N1 Influenza A Virus Isolated in 2003

2005 ◽  
Vol 79 (15) ◽  
pp. 9926-9932 ◽  
Author(s):  
Kyoko Shinya ◽  
Masato Hatta ◽  
Shinya Yamada ◽  
Ayato Takada ◽  
Shinji Watanabe ◽  
...  
Keyword(s):  
Hong Kong ◽  
Avian Influenza ◽  
Influenza A Virus ◽  
Influenza A ◽  
Mainland China ◽  
Virus Infections ◽  
Influenza A Viruses ◽  
H5n1 Avian Influenza Virus ◽  
H5n1 Influenza ◽  
Avian Influenza A Virus

ABSTRACT In 2003, H5N1 avian influenza virus infections were diagnosed in two Hong Kong residents who had visited the Fujian province in mainland China, affording us the opportunity to characterize one of the viral isolates, A/Hong Kong/213/03 (HK213; H5N1). In contrast to H5N1 viruses isolated from humans during the 1997 outbreak in Hong Kong, HK213 retained several features of aquatic bird viruses, including the lack of a deletion in the neuraminidase stalk and the absence of additional oligosaccharide chains at the globular head of the hemagglutinin molecule. It demonstrated weak pathogenicity in mice and ferrets but caused lethal infection in chickens. The original isolate failed to produce disease in ducks but became more pathogenic after five passages. Taken together, these findings portray the HK213 isolate as an aquatic avian influenza A virus without the molecular changes associated with the replication of H5N1 avian viruses in land-based poultry such as chickens. This case challenges the view that adaptation to land-based poultry is a prerequisite for the replication of aquatic avian influenza A viruses in humans.

Toward Critical Patriotism: Student Resistance to Political Education in Hong Kong and China. By Gregory P. Fairbrother. [Hong Kong University Press, 2003. x+218 pp. £26.95. ISBN 962-209-622-0.]

2004 ◽  
Vol 178 ◽  
pp. 521-523
Author(s):  
Agnes S. Ku
Keyword(s):  
Hong Kong ◽  
Civic Education ◽  
Mainland China ◽  
Weak Sense ◽  
Student Resistance ◽  
Hong Kong Students ◽  
The Face ◽  
Colonial Government ◽  
Legitimacy Crisis

Fairbrother's Toward Critical Patriotism is a timely publication in the “Hong Kong Culture and Society” series: political squabbles and conflicts over the idea of patriotism in the context of the national security legislation in Hong Kong are inflamed following the spectacular mass demonstration by 500,000 people on 1 July 2003. As the author points out, patriotism and nationalism are relatively recent historical phenomena in China. In mainland China, Marxist-Leninism became the guiding ideology after 1949. Yet, from the early 1980s, in the face of a legitimacy crisis, the leadership shifted toward patriotism as a unifying and justificatory ideology while professing ultimate objectives in line with Marxist principles. In Hong Kong, civic education had been de-emphasized under the ideology of de-politicization by the colonial government until the handover in the 1990s. The book rejects the typical characterization of Hong Kong students as simply having a weak sense of patriotism and nationalism, and of mainland students as patriotic dupes under the state and presents a more nuanced analysis.

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