Opinion | Is Hong Kong’s rule of law in decline? Let’s examine the fundamentals

How strong and robust is the rule of law in Hong Kong? The World Justice Project Rule of Law Index is the world’s leading source for original, independent data on the rule of law. Covering 139 countries and jurisdictions, the index relies on national surveys of more than 138,000 households and 4,200 legal experts to measure how the rule of law is experienced and perceived around the world.

Eight factors are taken into account: constraints on government powers; absence of corruption; open government; fundamental rights; order and security; regulatory enforcement; civil justice; and, criminal justice.

In its latest report in 2021, Hong Kong ranked 19th out of 139, which is comparable to the United Kingdom (16th) and Singapore (17th). There has been little change in Hong Kong’s position since 2015.

Next, the readiness of the public to make use of the judicial system to launch complaints against the government is also a good indication of the robustness of that system. The number of applicants seeking permission to apply for judicial review of government decisions in 2017 was 1,146, rising to 2,500 in 2020.

Although the vast majority of those concern the review of government decisions to repatriate asylum seekers to their country of origin, the number of cases not involving such removal decisions (around 150 each year) has been steady throughout this period.

Finally, the judgments of our courts have garnered respect far beyond Hong Kong’s borders. I have counted no less than 55 judgments delivered in the UK which have referred to, or cited with approval, a decision of our Court of Final Appeal (CFA). That number would be higher if judgments of other Commonwealth jurisdictions are also included.