Title

Reinterpreting the rule of law in Hong Kong

Document Type

Journal article

Source Publication

Asia-Pacific Journal on Human Rights and the Law

Publication Date

1-1-2002

Volume

3

Issue

1

First Page

40

Last Page

76

Abstract

This paper argues that since the return to Chinese rule in July 1997, the actions of Hong Kong authorities have evidenced a disregard for their obligations under international covenants, as well as for judicial independence. What the administration has referred to as a ‘new constitutional order’ has in fact been a reassertion of this same patriarchal order and a further retreat from the rule of law. An independent judiciary is gradually being replaced by a regime in which the ‘true legislative intent’ of law is ultimately determined by the Hong Kong Government and the National People’s Congress. This shift is alarming because the previous colonial administration failed to put into place institutions such as a democratically constituted legislature. Instead, it placed great emphasis on the judiciary as the default institution for delivering both accountability and transparency in Government. That matter in which the post-hand over judiciary was initially tested involved not a commercial dispute, but the matter of a right of abode, which demonstrates a perpetuation of this patriarchal rule.

DOI

10.1163/157181502761418120

Print ISSN

13881906

E-ISSN

15718158

Publisher Statement

Copyright © 2002 Brill

Access to external full text or publisher's version may require subscription.

Full-text Version

Publisher’s Version

Recommended Citation

Rice, J. A. (2002). Reinterpreting the rule of law in Hong Kong. Asia-Pacific Journal on Human Rights and the Law, 3(1), 40-76. doi: 10.1163/157181502761418120