Hong Kong must ensure the reputation of rule of law is maintained
- Critics have raised questions about the impact of the national security law on the city’s legal system, including potential ramifications for the business environment. Officials should continue to provide reassurance by explaining the way the law works, the procedures that are followed and the role of the judiciary
The importance of Hong Kong’s rule of law to the maintenance of a thriving business environment has long been understood. This is one of the reasons why the city’s common law legal system is seen as a prime asset.
Care was taken to keep the system, inherited from Britain, intact when Hong Kong returned to China in 1997. Core elements of the pre-existing arrangements were maintained, including an independent judiciary, the protection of rights and freedoms and the ability of litigants to challenge the government.
Foreign businesses looking to take advantage of the city’s friendly business environment have, over the years, appreciated the legal certainty the system provides. They know that disputes will be settled fairly by impartial judges in accordance with established principles.
The availability of a level-playing field sets Hong Kong apart from other cities in the region and makes it easier to attract both business and talent.
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Since the passing of a national security law in 2020, however, critics have raised questions about the impact of the legislation on the city’s legal system, including potential ramifications for the business environment. Hong Kong officials sought to provide reassurance at a forum this week, organised by the Hong Kong Policy Research Institute, focusing on the rule of law and the business sector.
Secretary for Justice Paul Lam Ting-kwok said the seizure of assets under the national security law is governed by “strict substantial and procedural requirements”. Any individuals targeted can challenge the government’s actions in court, where their rights are protected.
Lam and Chief Executive John Lee Ka-chiu both stressed the role of the national security law – imposed after months of civil unrest in 2019 – in providing a stable and secure environment in the city, so important to the business environment.
Concerns about the national security law will continue to be expressed, amid the uncertain geopolitical environment. A day before the forum, the American Bar Association opposed the law and called for the withdrawal of bounties placed on eight exiled activists by Hong Kong police.
Hong Kong has, despite all the controversy, continued to attract talent and business since lifting Covid-19 restrictions. The security law is still in the relatively early stages of implementation.
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It will become clearer and better understood as cases proceed through the higher courts that are required to reconcile the legislation with the city’s protection of rights. In the meantime, ongoing efforts are needed to offer reassurance and to explain the way the law works, the procedures followed and the role of the judiciary.
The city must ensure that the long-standing reputation of rule of law is maintained and continues to help attract business and investment.
