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.

One Country, Two Nationalisms: Center-Periphery Relations between Mainland China and Hong Kong, 1997–2016

Modern China ◽  
2017 ◽  
Vol 43 (5) ◽  
pp. 523-556 ◽  
Author(s):  
Brian C. H. Fong
Keyword(s):  
Hong Kong ◽  
Mainland China ◽  
Joint Declaration ◽  
Basic Law ◽  
One Country Two Systems ◽  
Twentieth Anniversary ◽  
City State ◽  
Political Economic ◽  
High Degree

According to the Sino-British Joint Declaration and Basic Law, Hong Kong was to exercise a high degree of autonomy under the framework of “one country, two systems” after the British handover of its sovereignty to China in 1997. In the initial post-handover period, Beijing adopted a policy of nonintervention in Hong Kong, but the outbreak of the July 1, 2003 protest triggered a subsequent change of policy. Since then, Beijing has embarked on state-building nationalism, adopting incorporation strategies so as to subject Hong Kong to greater central control over the political, economic, and ideological arenas. Ironically, instead of successfully assimilating Hongkongese into one Chinese nation, Beijing’s incorporation strategies are leading to a rise of peripheral nationalism in the city-state and waves of counter-mobilization. This article analyzes mainland–Hong Kong relations on the eve of the twentieth anniversary of the handover and offers insights from an emerging case study that builds upon the nationalism literature.

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.

1 Introduction to Arbitration in Hong Kong

2017 ◽  
Author(s):  
Moser Michael ◽  
Bao Chiann
Keyword(s):  
Hong Kong ◽  
Legal System ◽  
Mainland China ◽  
Foreign Affairs ◽  
International Arbitration ◽  
Contributing Factors ◽  
The Rule Of Law ◽  
Basic Law ◽  
High Degree

This introductory chapter discusses the contributing factors that make Hong Kong a global arbitration centre that ‘meets or even exceeds all standards’ in the Chartered Institute of Arbitrators’ ten principles of an effective, efficient, and ‘safe’ seat of international arbitration. Hong Kong has long been at the forefront of international arbitration developments. It enjoys a high degree of autonomy (except in defence and foreign affairs) and retains a separate legal system from that of mainland China. Hong Kong’s legal system is based on the English common law and is guaranteed in Hong Kong’s constitutional instrument, the Basic Law. Furthermore, Hong Kong has a long tradition of upholding the rule of law and judicial independence, which are two key foundations for the city’s success as a global dispute resolution centre.

Beijing tightens grip on Hong Kong media

2016 ◽  
Keyword(s):  
Hong Kong ◽  
Rule Of Law ◽  
Presidential Election ◽  
Press Freedom ◽  
Content Type ◽  
Mainland Chinese ◽  
The Rule Of Law ◽  
Opposition Party ◽  
Alternative Markets ◽  
High Degree

Significance It is believed that all five are being held by mainland Chinese authorities over the border from Hong Kong. The Hong Kong government has reiterated its dedication to upholding legal guarantees for Hong Kong's press freedoms and the rule of law in the semi-autonomous city, which enjoys a high degree of press freedom that often irks mainland authorities. Impacts Beijing may be testing to see how far it can encroach on Hong Kong without provoking an unacceptable backlash. Hong Kong officials investigating the disappearances will likely be treated with indifference by mainland officials. The incident plays into the hands of Taiwan's pro-independence opposition party in the final days before the presidential election. Mainland tourists to Taiwan and Japan may offer alternative markets to publishers of material on China's leaders.

Rule of law and the scope of interpretation of legislative provisions in the process of judicial and administrative review. Remarks against the background of the phenomenon of „lawmaking” of administrative courts

2021 ◽  
Vol 2(24) ◽  
pp. 373-387
Author(s):  
Przemysław Wilczyński
Keyword(s):  
Public Administration ◽  
Rule Of Law ◽  
Legal System ◽  
The Rule Of Law ◽  
Basic Criterion ◽  
Administrative Review ◽  
Administrative Courts ◽  
The Republic ◽  
Insight Into

The rule of law, as stipulated in article 7 of the Constitution of the Republic of Poland, is one of the fundamental principles shaping the functioning of public administration in the Republic of Poland. Legality of the functioning of public administration is also accepted as the basic criterion of judicial and administrative review of the actions taken by the administration. However, judgments of administrative courts often go outside the boundaries of findings that could be made based on linguistic interpretation of legislative provisions, by referring to the rules of the legal system, including in cases where no doubts exist with regards to the interpretation of provisions. The aim of this paper is to offer insight into the basis and nature of doubts encountered with regards to the admissibility of the use of non-linguistic interpretation by administrative courts where the use of such interpretation does not appear to be required.

Rule of law and preventing fraud in Nigeria’s capital market

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Uchechukwu Nwoke ◽  
Ibenaku Harford Onoh
Keyword(s):  
Rule Of Law ◽  
Capital Markets ◽  
Capital Market ◽  
Critical Evaluation ◽  
Subject Area ◽  
The Body ◽  
Content Type ◽  
The Rule Of Law ◽  
Body Of Knowledge ◽  
Fresh Insight

Purpose The purpose of this paper is to critically analyse the correlation between the rule of law and the efficient functioning of capital markets. It attempts to examine the Nigerian capital market and how the rule of law can be used to prevent fraud and promote the proper functioning of the market. Design/methodology/approach The paper adopts the doctrinal approach through a critical evaluation of concepts. Using existing literature in the subject area, it evaluates the inter-connectedness between law and the capital market and how the rule of law is an important instrument in capital market development. Findings The paper finds that there have been numerous infractions of the rule of law by capital market actors, leading to stultification in the growth and development of this sector of the Nigerian economy. Originality/value The paper offers a fresh insight into the correlation between the rule of law and capital markets. By critically assessing the inter-connectivity between the two concepts, it extends the body of knowledge in this area by showing how the operations of the Nigerian capital market could be improved through the proper application of the rule of law.

scholarly journals In the Absence of the Rule of Law: Everyday Lawyering, Dignity and Resistance in Myanmar’s ‘Disciplined Democracy’

2018 ◽  
Vol 28 (5) ◽  
pp. 573-599
Author(s):  
Alex Batesmith ◽  
Jake Stevens
Keyword(s):  
Rule Of Law ◽  
Legal System ◽  
State Power ◽  
Human Experience ◽  
Legal Systems ◽  
Material Support ◽  
The Rule Of Law ◽  
Alternative Perspective ◽  
The Individual ◽  
Individual Human

This article explores how ‘everyday’ lawyers undertaking routine criminal defence cases navigate an authoritarian legal system. Based on original fieldwork in the ‘disciplined democracy’ of Myanmar, the article examines how hegemonic state power and a functional absence of the rule of law have created a culture of passivity among ordinary practitioners. ‘Everyday’ lawyers are nevertheless able to uphold their clients’ dignity by practical and material support for the individual human experience – and in so doing, subtly resist, evade or disrupt state power. The article draws upon the literature on the sociology of lawyering and resistance, arguing for a multilayered understanding of dignity going beyond lawyers’ contributions to their clients’ legal autonomy. Focusing on dignity provides an alternative perspective to the otherwise often all-consuming rule of law discourse. In authoritarian legal systems, enhancing their clients’ dignity beyond legal autonomy may be the only meaningful contribution that ‘everyday’ lawyers can make.

The Politics of Public Order, 1795–1802

2014 ◽  
Author(s):  
Howard G. Brown
Keyword(s):  
Rule Of Law ◽  
Transitional Justice ◽  
Liberal Democracy ◽  
Public Order ◽  
Law And Order ◽  
The Rule Of Law ◽  
The Road ◽  
Basic Law ◽  
National Convention ◽  
New System

The Thermidorian National Convention, despite some efforts at ‘transitional justice’, failed to master the legacies of the Terror. Therefore, the fledgling regime needed to impose the new republican political order while also restoring basic law and order—two tightly entwined tasks. The Constitution of 1795 articulated a liberal democracy based on the rule of law, but political instability and endemic lawlessness led first to multiple violations of the constitution, especially in the wake of elections, and a steady shift from democratic republicanism toward ‘liberal authoritarianism’. This shift received added impetus during waves of repression intended to restore order on strictly republican terms. The result was the creation a new ‘security state’, one that combined coercive policing, administrative surveillance, exceptional justice, and militarized repression. The emergence of the new system helped to restore order, and thereby to legitimize the Consulate, but it also paved the road to personal dictatorship in 1802.

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