Upholding common law, tackling vested interests: Xi’s vision of Hong Kong strikes a chord

The Chinese president praised Hong Kong for weathering the recent storm of unrest, as he doubled down on the ‘one country, two systems’ principle
Local officials must now uphold the system of common law, tackle vested interests and strive to retain that which enhances city’s unique position and role

Wang Xiangwei

Published: 8:00am, 9 Jul 2022

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Hong Kong’s return to mainland China 25 years ago was marked by a ceremony on June 30, 1997 that took place amid an unusually atrocious downpour – prompting many and various interpretations of what such a meteorological omen might mean.

Whether coincidence or not, the 25th anniversary celebrations of the handover on July 1 this year were likewise accompanied by inclement weather, as the grand occasion was buffeted by the headwinds of an incoming typhoon.

Occurring as it did at the exact halfway point of the 50-year “one country, two systems” principle under which Hong Kong is governed, Typhoon Chaba’s arrival triggered renewed readings of what the storm could possibly portend for the city over the next 25 years – or even longer.

Depending on who you ask, either doom or boom awaits.

President Xi Jinping, presiding over the celebrations and the inauguration of the city’s new Chief Executive John Lee Ka-chiu, praised Hong Kong for showing “strong vitality” and having “risen from the ashes” after “the wind and the rain”. This meteorological reference was apparently used to describe the violent anti-government protests of 2019, which led to Beijing imposing a national security law and introducing electoral changes to ensure that only patriots would govern the city.

But for Western powers, including the United States and Britain – the city’s old colonial master – Hong Kong is fading fast, as it rapidly becomes just another mainland Chinese city with its promised autonomy eroded, and the rights and freedoms of the Hong Kong people dismantled over the past two years.

Chinese President Xi Jinping administers new Hong Kong Chief Executive John Lee Ka-chiu’s oath of office on July 1. Photo: Xinhua

Hence many Western media commentators dismissed Xi’s trip – his first outside the mainland since January 2020 – and his keynote speech on July 1, as nothing more than a victory lap and another sure sign of Beijing’s intention to tighten its grip over Hong Kong.

Indeed, the fact that Xi had to stress in his speech that there was no reason to change the one country, two systems formula of governance showed, for critics, how the city has transformed both in reality and perception.

Interestingly enough, while Xi said Beijing would remain resolute in implementing the principle and must adhere to it in the long run, he did not specify whether it would stay in place until 2047 or hint at what might come afterwards.

But it would be wrong to dismiss Xi’s speech out of hand as just another propaganda ploy. A closer reading shows that there is more to it than meets the eye.

Hong Kong’s Court of Final Appeal building in Central. Photo: Getty Images/iStockphoto

Maintaining common law

Different people may draw different conclusions from Xi’s speech, but for this writer perhaps the most significant point was his public acknowledgement that Hong Kong’s common law system, which differs from the mainland’s system of socialist civil law, would be allowed to thrive.

In a rare move, Xi mentioned common law twice in the speech, emphasising that it should be maintained and acknowledging that the judiciary should exercise its power independently.

Common law, a legacy of British colonial rule, is the legal foundation on which Hong Kong’s reputation as an international financial, shipping and trading hub was built.

Xi’s assurances on common law should help ease concerns about the system’s survival in the years ahead, thus ensuring the vitality of the one country, two systems principle.

Newly elected Hong Kong legislators pose for pictures after an oathtaking ceremony at the Legislative Council Complex in January. Photo: Sam Tsang

Taking on vested interests

Secondly, Xi’s call for Lee’s new administration to take bolder steps to “dismantle the barriers of vested interests” was also very significant.

We all know what, and where, Hong Kong’s structural weaknesses and inequalities are: they have been staring us in the face for the past two decades.

But progress has been largely blocked by the property cartel and other monopolies that used to wield unduly influence, both in the city and in Beijing.

Xi’s instruction should stiffen the Lee administration’s resolve to tackle long-standing issues such as housing, mobility, education and care for the elderly.

Local officials no longer have an excuse to dither or delay, as the Legislative Council is in the firm control of establishment figures – all political uncertainties and opposition having been removed.

Members of the Hong Kong Correctional Services Department demonstrate Chinese-style ‘goose-stepping’ at an open day in April last year. Photo: Dickson Lee

Retaining Hong Kong’s advantages

Thirdly, local officials must heed Xi’s call for Hong Kong to maintain its “distinctive status and advantages” by maximising the opportunities that the city’s capitalist system provides to enhance its unique position and role.

They should support the things that have long proved to make Hong Kong tick, and guard against the line of thinking that says practices from the mainland should be copied for no other purpose than to try to please their masters in Beijing.

Hong Kong must ensure, for instance, that as one of China’s two cities operating outside the Great Firewall (the other being Macau), it preserves the unimpeded flow of information that is vital to maintaining the city’s status as an international financial and trade centre.

This also means Hong Kong must follow international standards when it comes to dealing with international and local media. The local government’s decision to bar a dozen journalists, including a photographer from the South China Morning Post, from covering the handover ceremony – a denial of access of the sort that is very common in the mainland – sent a terrible message.

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Another puzzling development was the gradual phasing out from last year of the older British-style of marching by Hong Kong’s uniformed services, such as the police and customs officers, in favour of Chinese-style “goose-stepping” at high-profile events.

This decision no doubt made officials in Beijing happy, but was it really necessary?

Retaining some old traditions would help the city maintain its unique character and improve its attractiveness. Even major mainland cities such as Shanghai and Tianjin have spent big money sprucing up old colonial-era buildings and structures, in the knowledge that their architectural style and storied past prove to be a big draw for tourists.

Wang Xiangwei is a former editor-in-chief of the South China Morning Post. He is now based in Beijing as editorial adviser to the paper.