Rule of Law with Chinese Characteristics: An Empirical Cultural Perspective on China and Hong Kong.

2014 ◽  
Author(s):  
Jeffrey E. Thomas
Keyword(s):  
Hong Kong ◽  
Rule Of Law ◽  
Cultural Perspective ◽  
Chinese Characteristics

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.

Community Corrections and the Experiences of Young Male Offenders in the Hong Kong Youth Justice System

1999 ◽  
Vol 28 (4) ◽  
pp. 577-594 ◽  
Author(s):  
PATRICIA GRAY
Keyword(s):  
Hong Kong ◽  
Justice System ◽  
Young Male ◽  
Criminal Careers ◽  
Young Offenders ◽  
Cultural Perspective ◽  
Youth Justice ◽  
Community Based ◽  
Male Offenders ◽  
Community Based Rehabilitation

In the past two decades ‘decarceration’ and ‘deinstitutionalisation’ have been key themes of youth justice in the West. Restrictions have been imposed on the courts, limiting their ability to hand out residential and custodial training sentences to young offenders. As an alternative, resources have been redirected into the development and expansion of community-based rehabilitation programmes. However, in Hong Kong large numbers of young offenders continue to be placed in residential and custodial institutions after very brief criminal careers, and for crimes which do not pose a serious risk to the community. This article makes use of a recently published research study to discuss the experiences of young male offenders in the Hong Kong youth justice system, and to consider why community-based rehabilitative programmes as direct alternatives to residential training and custody have been slow to develop. It then goes on to explore how from a cultural perspective the use of community-based programmes might be justified and how they could be developed around existing sentencing guidelines.

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.

scholarly journals British Views of the Legacy of the Colonial Administration of Hong Kong: A Preliminary Assessment

1997 ◽  
Vol 151 ◽  
pp. 553-566
Author(s):  
Brian Hook
Keyword(s):  
International Trade ◽  
Hong Kong ◽  
Communist Party ◽  
Rule Of Law ◽  
Chinese Communist Party ◽  
Colonial Administration ◽  
Preliminary Assessment ◽  
The Rule Of Law ◽  
Historical Significance

The legacy of the colonial administration of Hong Kong, viewed from the majority of constituencies in Britain, is chiefly formed from the characteristics of the territory on the eve of retrocession. This, it will be noted, is in sharp contrast to the views formed by both the Chinese Communist Party (CCP) and many Chinese observers. The British prefer to emphasize personal freedoms, the rule of law, the independence of the judiciary, the efficiency of government, the competitiveness of business, the preeminent status in international trade, the suppression of corruption, the quality of the engineering infrastructure, and the improving health and welfare provisions as essential characteristics of their legacy.Their Chinese counterparts are much more likely to hark back to the bad old days of national humiliation and imperialist exploitation, seeking to draw the attention of all compatriots to the historical significance of reunification.

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