
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
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.
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.
Hong Kong protesters have long recognised a certain design flaw in the “one country, two systems” model as now applied: A local chief executive chosen by and beholden to Beijing for her position is poorly placed to carry out her role of defending Hong Kong’s autonomy against Beijing interference.
Nobody expects the chief executive to be constantly at odds with the central government, but at the minimum, autonomy requires that the chief executive finds her voice to explain Hong Kong concerns and guard the values at the heart of the Hong Kong autonomy model – especially the rule of law described eloquently by Wang as “air and water”.
China’s rule of law has not come far enough to reassure Hongkongers
Finally, the rule of law will clearly not be served by extraditing local residents and visitors for prosecution in a mainland system that lacks the rule of law and violates basic procedural rights.
Clearly, if Hong Kong had a truly elected government beholden to the people, the threat to Hong Kong’s survival would be greatly reduced
An astute observer would note that nearly every protest in Hong Kong has been over policies subservient to the mainland advanced by the Hong Kong government. Clearly, if Hong Kong had a truly elected government beholden to the people, the threat to Hong Kong’s survival would be greatly reduced. It is doubtful that such a government would squander its political capital by taking a confrontational approach to Beijing, and neglecting local concerns.
More importantly, one might hope that such government would find its voice when necessary to safeguard Hong Kong’s autonomy, in the interests of both Hong Kong and the mainland.
Michael C. Davis, a former professor at the University of Hong Kong, is a Global Fellow at the Woodrow Wilson International Centre in Washington, D.C.
