Officials must rise to meet concern over fall in rule of law index
- Biased views blamed by justice secretary for downward trend in global table need to be addressed so people elsewhere are given a more accurate picture
Hong Kong’s performance in various fields is often judged by reference to international indexes. The results are scrutinised to see how the city is faring, especially when compared to its rivals. These league tables adopt different methodologies and some are more authoritative than others. The results are not definitive, but they offer useful indicators of trends and perceptions.
The annual rule of law index, compiled by the independent World Justice Project, is worthy of attention. It assessed 140 countries and jurisdictions this year, using thousands of questionnaires to gauge performance in eight areas. Hong Kong slipped three places to 22nd in this year’s index. Its overall score is the lowest since first being listed in 2015, when it ranked 17th. The city has slumped from 25th place to 54th on the issue of “constraints on government powers” in that time and fallen from 29th to 61st on “fundamental rights”.
The downward trend is disappointing, especially given the importance the city places on the rule of law. Secretary for Justice Paul Lam Ting-kwok is right when he says the significance of relatively marginal movements in international indexes should not be overstated. Hong Kong might have been expected to fall more than five places in seven years, given the dramatic events in that time including civil unrest, a sweeping national security law and major political changes. Despite the drop, the city is one place above Spain and four ahead of the United States.
Sadly, a decline in the rule of law is a global trend. The study found ratings to have fallen among 64 per cent of countries since 2015. But Hong Kong’s downward trajectory should be taken seriously. It reflects mainstream views around the world, and there is no room for complacency.
Lam blamed the slide on biased views. Hong Kong’s legal system has come under fire amid tensions between China and Western countries. But perceptions are how people see it, rightly or wrongly. It is often said that perception is reality. There is a need to dispel misconceptions about Hong Kong. Efforts to present a more positive image are under way. Lam intends to use retired judges, business leaders and expatriates in an attempt to convince people elsewhere that the rule of law remains robust.
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A recent trip to Britain by the Law Society and Bar Association showed legal professionals there to have an open mind on Hong Kong. But specific concerns about the national security law remain.
Ultimately, the reputation of Hong Kong’s rule of law will depend not only on presenting an accurate picture, but also vigilance to ensure checks and balances are effective and human rights protected. Justice must be done as well as seen to be done.
