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1 – 10 of 65The 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.
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This case adds to a growing list of incidents, including the abduction of five Hong Kong booksellers by mainland agents in 2015, that feed fears in Hong Kong that Beijing is…
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DOI: 10.1108/OXAN-DB223767
ISSN: 2633-304X
Keywords
Geographic
Topical
The purpose of this paper is to examine British policy towards Hong Kong from the protests of 2019 through political controversies in 2020.
Abstract
Purpose
The purpose of this paper is to examine British policy towards Hong Kong from the protests of 2019 through political controversies in 2020.
Design/methodology/approach
The paper offers a foreign policy analysis based on a chronological account of the public interventions made by London from April 2019 to the passage of the national security law in the middle of 2020. It discusses the factors which contributed to the UK's positions and looks in more detail at an issue which relates to the British colonial legacy: the status of British National (Overseas) passport holders.
Findings
The paper argues that the UK's policy was influenced by a combination of factors: developments in Hong Kong, the implications of and perceptions about its historical position as the former colonial power, the growing influence of lobby groups in the UK and Hong Kong (especially in agenda setting), and (to a lesser extent) the UK's wider relations with China. In trying to balance these, British policy tended to be reactive rather than strategic. London generally took positions sympathetic to the protest movement and political opposition, characterised in the paper as “soft partisanship”, shifting to clear opposition to Beijing's approach when the National Security Law was announced.
Social implications
The paper helps to understand international policy towards Hong Kong.
Originality/value
The paper offers the first account of British policy towards Hong Kong during this period and adds to the limited existing literature on the UK's Hong Kong policy over recent years. This case study sheds light on wider questions of international perceptions of developments in Hong Kong during a tumultuous period in the city's history and informs broader studies of foreign policymaking.
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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.
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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.
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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.
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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.
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To fill the gap in the existing literature on the 20th anniversary of the Hong Kong Special Administrative Region (HKSAR), the purpose of this paper is to critically reflect upon…
Abstract
Purpose
To fill the gap in the existing literature on the 20th anniversary of the Hong Kong Special Administrative Region (HKSAR), the purpose of this paper is to critically reflect upon the continuities and changes of the city’s relations with the world.
Design/methodology/approach
The paper has adopted a generic approach to shed light on the factors behind the evolution of the international status of Hong Kong from a by-product of geopolitics to a global city in its own right, to understand how the city has been perceived by traditional western partners after 1997 and to investigate how China has made use Hong Kong’s international status.
Findings
It has shown that Beijing’s strategy toward Hong Kong has been marred by the inherent tensions between “becoming Chinese” and “remaining global.” The official discourse of functionalism, according to which economic and professional ties are both the most acceptable and therefore the least resisted pathways available for the development of Hong Kong’s external relations, has the opposite effect of expanding Beijing’s control over the city.
Originality/value
In contrast to the HKSAR Government’s belief that Hong Kong will certainly benefit from the emergence of China, the city has found itself on a shorter leash than ever. It has therefore pinpointed the pitfalls of the logic of functionalism which has dominated the existing literature as much as the policy-making process.
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Yvon Dufour, Peter Steane and Lawrence Wong
The purpose of this paper is to look into the fate of a troubled initiative in Hong Kong that was developed in the midst of discussions between Beijing and London leading towards…
Abstract
Purpose
The purpose of this paper is to look into the fate of a troubled initiative in Hong Kong that was developed in the midst of discussions between Beijing and London leading towards the 1997 handover. It sets out to shred new light on the “forecasting gap”: the gap between the anticipated level of traffic and the real volume of traffic in the years following the opening of a new infrastructure.
Design/methodology/approach
This research uses primarily qualitative methods. The data collection process comprises three main activities: documentary search, observational and ethnographic material, and interviews. The general strategy of data presentation and analysis is to develop a descriptive framework for organizing the longitudinal case‐study.
Findings
The paper puts forward that there is little basis to the claim of Machiavellian practices in the Hong Kong container handling community. The analysis suggests that the gaps are residual of prolonged decision‐making processes featuring a diversity of stakeholders strategizing in pursuing their respective agenda.
Originality/value
Contextualist analysis of the “traffic forecasting gap” challenges the popular and widespread view that traffic forecasts are intentionally biased to serve the interests of the promoters.
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The purpose of this paper is to study the development of one country two systems of Hong Kong over two decades and examine its challenges and prospect. One country two systems is…
Abstract
Purpose
The purpose of this paper is to study the development of one country two systems of Hong Kong over two decades and examine its challenges and prospect. One country two systems is pragmatic and compromise principle and social arrangement for Hong Kong under China sovereignty. It has served to resolve some issues related to the future of Hong Kong after the end of British Colonial rule since July 1, 1997. There are lessons to be learnt as the merits and flaws of the system have been identified in the study as perceived from the perspective of social development.
Design/methodology/approach
The paper is based on quantitative methodology. Data of public opinion polls conducted by various local universities on the development of one country two systems of Hong Kong have been employed in the study. Based on the data obtained from the relevant survey, different aspects of social development of Hong Kong under one country two systems has been examined and explored. Data are current and up-to-date to reflect the social mood of Hong Kong people toward one country two systems over the years.
Findings
The challenges and prospect of one country two systems of Hong Kong over two decades since the change of sovereignty have been identified in this paper. Hong Kong has remained the moist free market and the third financial center in the world. However, the high degree of self-autonomy as stipulated in the Basic Law has been fading way. There is social discontent of Hong Kong people on social and political grounds and there are high sense of mistrust to both Hong Kong SAR (HKSAR) government and the Central government in Beijing. This will provide a guideline to the government for improving the situation.
Research limitations/implications
The study is based on data obtained from various public opinion conducted by several local university on the development of one country two systems and how Hong Kong people feel about it. The data are current and up-to-date. However, there will be variation of findings as social mood and perception of Hong Kong people toward one country two systems may change due to the changes of social and political events. With these limitations, one needs to be careful while drawing the conclusion. Yet, the over trend of social development of Hong Kong can be seen.
Practical implications
The study will provide an overall view and assessment of one country two systems of Hong Kong over two decades after the change of sovereignty since July 1, 1997. The findings and discussion of social mobility, quality of life, income disparity, social and political movement and ethnic identity and its changes in recent years of people in Hong Kong are rather revealing. It will provide a reality check and yardstick for people who are concerned about Hong Kong society and its people under China sovereignty.
Social implications
The study and its findings will provide a useful guideline for people who are concerned about how Hong Kong people live under China sovereignty. Hong Kong to most of Hong Kong people is on longer a borrow place living under the borrowed time. The former British Colonial rule has been replaced by HKSAR government rule under China sovereignty. There is a high degree of mistrust toward both HKSAR government and the Central government in Beijing. People in Hong Kong keep fighting for democracy and high degree of self-autonomy. Hence, Hong Kong is still a free and open society under China sovereignty.
Originality/value
The paper contributes an original study on the development of one country two systems of Hong Kong under China sovereignty as perceived from the perspective of social development. There are important findings on social mobility, income disparity and issues of ethnic identity of Hong Kong people. The lessons of Hong Kong will provide an interesting case for people who care concerned about how people living in a former British colony has transformed the society into a thriving civil society under China sovereignty.
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