Judicial Independence and the Rule of Law in Hong Kong

Judicial independence and the rule of law are crucial to maintaining the way of life, prosperity and human rights in Hong Kong, especially since it came under the sovereignty of one of the world’s last Communist regimes in 1997. Since then, although Hong Kong’s judiciary has valiantly upheld these values, doubts have been cast over Hong Kong’s government’s commitment to them, particularly over the controversy involving the right of abode of children of recent Chinese immigrants.

This book examines whether judicial independence and the rule of law can survive in Hong Kong under Chinese sovereignty. It examines their protection under the Basic Law, the institutional and individual independence of the judiciary, and the maintenance of due process and a free press. It also scrutinizes the threats from the need to accommodate national security and wider political concerns. The assessments are set in the context of a comparison with the early years of British rule, and based on developments in the two years following the handover.

Steve Tsang is the Director of the Asian Studies Centre and Louis Cha Senior Research Fellow, St Antony College, University of Oxford.

“This certainly is a good and important book that deserves to be read. The rule of law is one of the corner-stones of Hong Kong’s success. Here, the situation of the rule of law in Hong Kong is subject to a minute analysis by the author. The results are insightful and enlightening. The text is well-composed and well-edited. A good book on the subject.” —Law Enforcement Review