A Shrinking Space: A Dynamic Relationship Between the Judiciary in a Liberal Society of Hong Kong and a Socialist-Leninist Sovereign State

2019 ◽  
Author(s):  
Johannes Man-mun Chan
2019 ◽  
Vol 72 (1) ◽  
pp. 85-122 ◽  
Author(s):  
Johannes M M Chan

Abstract Hong Kong provides a unique case study on the roles and functions of the judiciary within an authoritarian or semi-authoritarian sovereign. Under the unique constitutional arrangement in Hong Kong, a liberal common law judiciary in a highly sophisticated modern metropolis is encapsulated within a Socialist-Leninist sovereign regime that ideologically rejects separation of powers, independence of the judiciary and values of individual liberalism. Notwithstanding the sharp ideological differences and the greatly asymmetrical distribution of social, economic and political powers in this One Country, Two Systems constitutional model, it is argued that the relationship between the courts and the authoritarian sovereign power is and has been complex and dynamic. The Hong Kong courts have been able to create their institutional space by establishing an impressive liberal constitutional common law, but that constitutional space is shrinking as the over-zealous sovereign is increasingly assertive of its views on matters that it perceives to be affecting state interests. By examining a series of controversial decisions, this paper argues that there are reasons that the courts could, with creativity and sensitivity, maintain a delicate and balanced relationship with the sovereign without succumbing to the political pressure, but that the greatest threat of independence of the judiciary comes from within the judiciary in internalizing the values of the socialist state.


2021 ◽  
pp. 002085232110338
Author(s):  
Brian C.H. Fong

Traditionally, comparative budgeting scholars have focused on analysing budget oversight at the sovereign state level. Budget oversight at the territorial autonomy level remains largely under-investigated. Drawing on the Open Budget Survey methodology, this study is a pioneering attempt to compare the budget oversight institutions and practices in Hong Kong and Macao under the ‘one country, two systems’ model. This study finds that the varying practices of budget oversight of Hong Kong and Macao are the consequence of their different bases of opposition politics, including democratic opposition, the media and civil society. This study extends the research focus of existing comparative budgeting literature from sovereign states to territorial autonomies. Thus, it has important implications for budget oversight analysis and policy worldwide. Points for practitioners This article uses comparative studies of Hong Kong and Macao to illustrate how different bases of opposition politics have led to varying practices of budget oversight. For policymakers, the lesson from the comparative studies is that the rise of democratic opposition, the media and civil society will bring about pressures for budget oversight. More policy learning is necessary for policymakers across democracies and semi-democracies to share the experiences of handling the politics of budget oversight.


2020 ◽  
pp. 1-33
Author(s):  
JOHN D. WONG

Cathay Pacific’s shifting shareholder base underscores the dynamic interactions between the state and the market in an ever-changing geopolitical landscape. Focusing on its later transformation from a British airline, this article explores how Cathay Pacific refashioned its shareholding to respond to the shifting political climate of Hong Kong. In the protracted process through which Britain yielded jurisdictional power of Hong Kong to the People’s Republic of China, Cathay Pacific responded preemptively, first by enhancing its local profile, and then by appealing to economic nationalism of the sovereign state poised to take charge. The privately owned airline fashioned its corporate nationality in a bid to negotiate with political forces that affected its business development. The case of Cathay Pacific demonstrates how, in the absence of warfare, companies still need to mitigate political risks in a fluid geopolitical setting. By modifying its shareholding, Cathay Pacific crafted its corporate nationality, which proved instrumental in allaying political risks and managing business relationship with the state. The airline’s strategy attests to its dexterity as well as the pliability of the notion of “corporate nationality,” winning management the “license to operate”—legitimacy and state sponsorship—during a period of swift geopolitical shifts.


2020 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Haytem Troug ◽  
Matt Murray

PurposeThe purpose of this paper then, is to add to the existing literature on financial contagion. While a vast amount of the debate has been made using data from the late 1990s, this paper differentiates itself by analysing more current data, centred around the most recent global financial crisis, with specific focus on the stock markets of Hong Kong and Tokyo.Design/methodology/approachEmploying Pearson and Spearman correlation measures, the dynamic relationship of the two markets is determined over tranquil and crisis periods, as specified by an Markov-Switching Bayesian Vector AutoRegression (MSBVAR) model.FindingsThe authors find evidence in support of the existence of financial contagion (defined as an increase in correlation during a crisis period) for all frequencies of data analysed. This contagion is greatest when examining lower-frequency data. Additionally, there is also weaker evidence in some data sub-samples to support “herding” behaviour, whereby higher market correlations persist, following a crisis period.Research limitations/implicationsThe intention of this paper was not to analyse the cause or transmission mechanism of contagion between financial markets. Therefore future studies could extend the methodology used in this paper by including exogenous macroeconomic factors in the MSBVAR model.Originality/valueThe results of this paper serve to explain why the debate of the persistence and in fact existence of financial contagion remains alive. The authors have shown that the frequency of a time series dataset has a significant impact on the level of observed correlation and thus observation of financial contagion.


1998 ◽  
Vol 13 (11-s4) ◽  
pp. S289-S293 ◽  
Author(s):  
SSY WONG ◽  
WC YAM ◽  
PHM LEUNG ◽  
PCY WOO ◽  
KY YUEN

Sign in / Sign up

Export Citation Format

Share Document