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Hong Kong protests
Opinion
Michael C. Davis

Opinion | Far from forsaking Hong Kong’s rule of law, extradition bill protesters are trying to defend it

  • The rule of law is not about enforcing government diktat. It is about the impartiality and independence of courts and leaders, which protesters fear are being eroded

Reading Time:4 minutes
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Illustration: Craig Stephens
As the extradition bill saga unwinds, Hong Kong officials and Beijing’s representatives have again proved clueless as to what the rule of law means. They appear to imagine that it merely means following the dictates of government rendered in some legal form.
Last Thursday, the director of the central government’s liaison office, Wang Zhimin, in his first public comments since protests erupted against the now-suspended extradition bill, compared the rule of law to air and water. Chief Executive Carrie Lam Cheng Yuet-ngor echoed a similar sentiment on Monday, calling the rule of law the “cornerstone” of Hong Kong’s success.

Wang and Lam are undoubtedly correct in stressing the importance of the rule of law but they appear to have little appreciation of the primary threats facing Hong Kong’s rule of law.

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The two million people who marched against the extradition bill clearly had a better understanding of these urgent threats.

The rule of law, as understood in Hong Kong, is primarily about holding government officials accountable to the law. In common law terms, nobody is above the law and everyone is subject to the law applied in the ordinary manner before ordinary courts. Achieving this requires the protection of basic rights and the independence of courts charged with applying the law, unfettered and in accordance with principles of justice. Economic issues may arise in respect of equal access to justice.

The mainland system tends towards a different view. That system of rule of law emphasises the following of the dictates of the Communist Party.

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