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Article
Publication date: 22 June 2021

Ryuta Hagiwara

This paper aims to highlight key challenges to the rule of law in Hong Kong.

Abstract

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.

Details

Social Transformations in Chinese Societies, vol. 18 no. 1
Type: Research Article
ISSN: 1871-2673

Keywords

Article
Publication date: 2 January 2018

Tim Summers

The purpose of this paper is to examine the two decades since Hong Kong’s return to Chinese sovereignty, assessing developments against the 1984 Sino-British Joint Declaration…

Abstract

Purpose

The purpose of this paper is to examine the two decades since Hong Kong’s return to Chinese sovereignty, assessing developments against the 1984 Sino-British Joint Declaration, the international agreement under which Hong Kong was transferred from British to Chinese sovereignty on July 1, 1997, and which first set out China’s “basic policies” toward Hong Kong.

Design/methodology/approach

The paper’s analysis of developments focuses particularly on areas of controversy, from the extent to which Hong Kong has enjoyed a “high degree of autonomy” to basic rights and freedoms and the legal and judicial systems.

Findings

It argues that on the whole, the policies set out in the Joint Declaration have been well implemented: Hong Kong has retained its separate systems since 1997, including rule of law and an independent judiciary, basic rights and freedoms, and separate government and social systems. However, especially since the “occupy” movement of 2014, questions about the sustainability of the “one country, two systems” arrangement have come to the surface.

Originality/value

The paper is distinctive in its assessment of developments against the 1984 Sino-British Joint Declaration.

Details

Asian Education and Development Studies, vol. 7 no. 1
Type: Research Article
ISSN: 2046-3162

Keywords

Article
Publication date: 27 November 2019

Yan-Ho Lai

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…

Abstract

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.

Details

Social Transformations in Chinese Societies, vol. 15 no. 2
Type: Research Article
ISSN: 1871-2673

Keywords

Article
Publication date: 2 October 2017

Chor-yung Cheung

The purpose of this paper is to assess critically the political challenges facing Hong Kong’s “one country, two systems” policy following the Umbrella Movement and to evaluate the…

Abstract

Purpose

The purpose of this paper is to assess critically the political challenges facing Hong Kong’s “one country, two systems” policy following the Umbrella Movement and to evaluate the territory’s democratic and autonomous future.

Design/methodology/approach

A critical, contextual, and analytical approach has been adopted to evaluate the problems and prospects for post-Umbrella Movement Hong Kong.

Findings

The contradictions embedded in the “one country, two systems” policy have become apparent since the Umbrella Movement arose and Hong Kong’s political and democratic future is as problematic as its prospects are uncertain, though the possibility of some rapprochement between Hong Kong and Beijing should not be ruled out completely.

Research limitations/implications

The critical evaluation offered by this paper is no scientific prediction. Social scientific analysis of this kind is suggestive rather than definitive. The informed discussion offered by this paper will help readers to better understand the strengths and weaknesses inherent in Beijing’s “one country, two systems” policy and the tortuous process of democratization in Hong Kong. The conclusion drawn in the paper points to a possible way out of the political impasse that is facing post-Umbrella Movement Hong Kong.

Originality/value

This paper is a pioneering study of the most important political conflict between Beijing and Hong Kong since 1997, the conclusion of which may have important political and policy implications for both China and Hong Kong.

Details

Asian Education and Development Studies, vol. 6 no. 4
Type: Research Article
ISSN: 2046-3162

Keywords

Article
Publication date: 16 August 2019

Raymond Kwun Sun Lau

The purpose of this paper is to make sense of the slow and frustrating process of democratization in Hong Kong through understanding the pan-democrats’ struggle for realizing…

Abstract

Purpose

The purpose of this paper is to make sense of the slow and frustrating process of democratization in Hong Kong through understanding the pan-democrats’ struggle for realizing universal suffrage. It aims to offer possible explanations for the current political impasse between Hong Kong and mainland China over the issue of universal suffrage.

Design/methodology/approach

This paper seeks to construct a triangular model of institutional constraint, clashing visions of democracy and mutual political distrust for understanding the pan-democrats’ struggle for realizing universal suffrage in Hong Kong since the 1980s, the nature of current political predicament they found themselves in and the current political impasse between the pan-democrats and Beijing.

Findings

The dilemma facing Hong Kong’s pan-democrats and Beijing’s leadership is attributed to the institutional constraints of Basic Law on Hong Kong’s system of governance, the clashing visions of Beijing-led Chinese-style democracy and Western-style liberal democracy as advocated by the pan-democrats and the mutual political distrust between the two parties. The findings suggest that this triangular model will remain relevant in understanding the political predicament of the pan-democrats under Chinese rule and the political impasse between Hong Kong and mainland China over universal suffrage for the coming decades.

Originality/value

This paper provides a new interpretation of the current political impasse between Hong Kong and mainland China over the issue of universal suffrage. It offers new insights into the nature of current political predicament the pan-democrats found themselves in amidst their fight for realizing universal suffrage since the 1980s by constructing a triangular model of institutional constraints, clashing visions of democracy and mutual political distrust.

Details

Asian Education and Development Studies, vol. 8 no. 4
Type: Research Article
ISSN: 2046-3162

Keywords

Article
Publication date: 5 October 2022

Chao Wang

This article examines the effects and implications of the 2019 social movement in Hong Kong and those of the enactment of the National Security Law (NSL) for Hong Kong for one…

Abstract

Purpose

This article examines the effects and implications of the 2019 social movement in Hong Kong and those of the enactment of the National Security Law (NSL) for Hong Kong for one country two systems (OCTS). It further explores how these factors potentially promote or threaten the intrinsic value of OCTS a normative consensus. It also discusses the factors underpinning the rationale of OCTS as a normative consensus and whether this consensus is inviolable and sustainable.

Design/methodology/approach

This article uses the concept of selective adaptation, especially the element of complementarity to explainthe legal behaviour of the Peopleʼs Republic of China (PRC) in relation to Hong Kong and to examine the effects and implications of the 2019 social movement in Hong Kong and those of the enactment of the NSL for Hong Kong for OCTS. It further explores how these factors potentially promote or threaten the intrinsic value of OCTS a normative consensus. It also discusses the factors underpinning the rationale of OCTS as a normative consensus and whether this consensus is inviolable and sustainable.

Findings

It is still possible and feasible for China and the West to work out a normative consensus to sustain and/or restore the core values of Hong Kong – the rule of law, freedom of expression, and political participation – while accommodating the PRC's political concerns about national sovereignty and security. This intrinsic value of OCTS in terms of seeking complementarity and coexistence between the Western liberal norms of governance and Chinese socialist ideology, should be acknowledged and that the OCTS policy should remain in full force to serve as a normative consensus between China and the West, and the feasibility of this proposed normative consensus rests on the PRC's self-interest.

Originality/value

This is one of the very few original research that applies the paradigm of selective adaptation to explain and understand the legal behaviour and phenomenon in relation to PRC's policy towards Hong Kong.

Details

Asian Education and Development Studies, vol. 12 no. 1
Type: Research Article
ISSN: 2046-3162

Keywords

Article
Publication date: 17 May 2021

Anson Cheuk-Ho Au

This paper aims to examine the economic costs of protests at micro-to-firm, market sector and aggregate levels. This paper then develops institutional policy recommendations for…

Abstract

Purpose

This paper aims to examine the economic costs of protests at micro-to-firm, market sector and aggregate levels. This paper then develops institutional policy recommendations for allaying these costs.

Design/methodology/approach

This paper conducts a case study of the anti-extradition bill protests in Hong Kong by examining news articles, online discussions and economic indices from the Hong Kong Census and Statistics Department. This paper further develops policy insights from an analysis of the Hong Kong Basic Law (the city’s mini-constitution) and insights from economic research.

Findings

This paper discovers that the protests may have caused overall volatility in firms, market sectors and the overall economy, measured in production disruptions, revenue losses and declines in employment. Among Hong Kong’s four major industries, the most severely stunted market sectors were tourism and retail, as well as trading and logistics, whereas financial services and professional and producer services experienced mixed effects. This paper develops two institutional policy recommendations for government and corporate policymaking for reducing volatility and ultimately safeguarding economic growth: the separation of political ideology and economics; the systematic use of public opinion analytics to pre-test the reception of policies.

Practical implications

Corporate strategists and policymakers would benefit from and advance the economy by better insulating business decision-making from political biases and by investing in public opinion analytics.

Originality/value

Much of economic theory treats social transformations as externalities. This paper adopts a different approach by foregrounding the role that social transformations play in shaping the economy. To this end, to the best of the author’s knowledge, this paper is among the first to examine the anti-extradition bill protests of Hong Kong, arguably the most significant and widespread protests in the city’s and the region’s history.

Details

Journal of Chinese Economic and Foreign Trade Studies, vol. 14 no. 3
Type: Research Article
ISSN: 1754-4408

Keywords

Article
Publication date: 13 July 2020

Maurice K.-C. Yip

This study aims to explore how urban governance of Hong Kong is impacted by the formulation and implementation of the new constitutional order of “one country, two systems” that…

Abstract

Purpose

This study aims to explore how urban governance of Hong Kong is impacted by the formulation and implementation of the new constitutional order of “one country, two systems” that distinguishes between the British colonial government and the current government under Chinese sovereignty.

Design/methodology/approach

While the literature recognises the society of Hong Kong has been heavily relying on land and property activities, few attempts notice the uniqueness of Hong Kong’s sequential constitutional orders and its relations to those activities. This study presents a geographical enquiry and an archival study to illustrate the spatiality of the new constitutional order and its implications on land injustice. Drawing from the works of legal geography and urban studies, this study extends and clarifies Anne Haila’s conception of Hong Kong as “property state” to “property jurisdiction”.

Findings

Though common law and leasehold land system were perpetuated from the colonial period, the new constitutional order changed their practices and the underlying logic and ideology. The urban governance order of this property jurisdiction is intended for prosperity and stability of the society, and for the economic benefit and territorial integrity claim of the Chinese sovereignty.

Originality/value

This study enriches the literature of Hong Kong studies in three major areas, namely, the relationship with China, urban governance and land injustice. It offers a conceptual discussion, which contributes to comparative territorial autonomies studies. It also contributes to legal geography by providing insights beyond the western liberal democracy model.

Details

Social Transformations in Chinese Societies, vol. 18 no. 1
Type: Research Article
ISSN: 1871-2673

Keywords

Article
Publication date: 25 January 2019

Tim Summers

The purpose of this paper is to examine economic relations between Hong Kong and the UK, especially since 2012, in order to shed light on the management of Hong Kong’s external…

Abstract

Purpose

The purpose of this paper is to examine economic relations between Hong Kong and the UK, especially since 2012, in order to shed light on the management of Hong Kong’s external relations.

Design/methodology/approach

The context for the research is discussion of “grey areas” between Hong Kong’s external relations and foreign affairs. Research is based on textual analysis of British and some Hong Kong policy documents, government statements and media reports, as well as personal discussions with many involved in UK-Hong Kong ties.

Findings

The paper finds that the UK-Hong Kong economic relationship is managed autonomously, demonstrating Hong Kong’s external economic affairs and bilateral exchanges being practised with a high degree of autonomy. It also shows the importance that the British government attaches to its economic relationship with Hong Kong in its own right, and the likely increase in that importance as Brexit unfolds.

Originality/value

The paper engages in detailed analysis of economic relations between the UK and Hong Kong, in contrast to most post-1997 studies which have focused on Hong Kong’s ties with the USA or European Union.

Details

Asian Education and Development Studies, vol. 8 no. 2
Type: Research Article
ISSN: 2046-3162

Keywords

Article
Publication date: 13 April 2015

Steven Hung Chung Fun

Civic education in Hong Kong is quite confusing nowadays. To understand the policy, it should be placed into the reality of its historical context. In addition, to read through…

Abstract

Purpose

Civic education in Hong Kong is quite confusing nowadays. To understand the policy, it should be placed into the reality of its historical context. In addition, to read through the documentary presentation of policy, the policy’s proposal and its initiation should be understood with an understanding of contextual progress and historical change following the handover of sovereignty to China. The paper aims to discuss these issues.

Design/methodology/approach

The genealogical knowledge of policy history is applied for the purpose of understanding civic education. The concepts of genealogy put forward present an anti-essentialist position and are opposed to focusing on a singular or dominant ideology.

Findings

As the government-dominated power, any knowledge of civic education was bound to be nationally identified and patriotic for the purposes of strengthening nation-state awareness. Another approach of moral education was adopted that emphasized traditional Chinese cultures and values in order to cultivate a recognition of a harmonious society in students.

Originality/value

The paper helps to analyse the government-dominated process of knowledge formation in a value setting.

Details

Asian Education and Development Studies, vol. 4 no. 2
Type: Research Article
ISSN: 2046-3162

Keywords

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