Hong Kong should celebrate its common law, to boost trust in the city
Protecting the city’s distinct advantages calls for leaders to promote the importance of the common law system, and impress on Beijing the urgent need for Chinese officials, here and on the mainland, to study it
When Hong Kong reverted to Chinese rule in 1997 under the formula of “one country, two systems”, naivety and over-optimism pervaded the city, the mainland and beyond with the belief that the only thing that changed was the flag.
But the exuberance only lasted six years. In 2003, the Hong Kong government, following the Basic Law, tried but failed to introduce a home-grown national security law amid mass protests.
Since then, there have been missteps by both the pro- democracy camp in Hong Kong and officials in Beijing, gradually leading to a point of no return. Twenty-six years later, with two national security laws in place, naivety and excessive pessimism are taking hold in Hong Kong, the mainland and beyond with the belief that the city is becoming or has already become another Chinese city under one socialist system.
Many factors have contributed to negative perceptions about Hong Kong’s outlook, the chief one being that Beijing’s heavy-handed imposition of the national security law in 2020 showed it intended to turn Hong Kong into one system all along. If Beijing really wanted to do that, it would have done so a long time ago.
But perceptions about Hong Kong have changed drastically. Political and business elites have scrambled to embrace mainland-style language, tone, narrative and even marching style for the disciplinary forces. On top of this, the city has become a focal point in the rising geopolitical tensions between China and the West, which worsens the perceptions of Hong Kong.
All this has given rise to a distinct impression that the city is hanging on every word from Beijing and eagerly awaiting instructions on how to move forward.
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Hong Kong passes domestic national security law, fast-tracking legislation shelved for 2 decades
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That is where Hong Kong’s biggest danger lies. No one in Beijing has any clue about how to run a capitalist city like Hong Kong. If the city remains passive, mainland officials will feel emboldened to boss the city around even more. If that continues, Hong Kong will face the inevitable prospect of self-destruction.
The irony is that Beijing has already set out clear directions for Hong Kong. During his visit to Hong Kong in 2022, President Xi Jinping said the formula of one country, two systems was not going to change and Beijing “fully supports Hong Kong in its efforts … to maintain the common law”. That was the first time China’s top leader had highlighted the importance of the common law, but its significance has not been fully appreciated.
Since Hong Kong lifted its pandemic restrictions in late 2022, the city’s leaders have pledged Hong Kong would bounce back better than ever. But the reality is they have little to show as they did a poor job of telling Hong Kong’s story to its own people, foreigners and mainlanders, including officials in Beijing.
To remedy this, the city must have the wisdom and courage to lead the discussion with Beijing instead of merely receiving orders, securing its full support to maximise Hong Kong’s advantages and seeking clarity on how “two systems” can work in this new climate.
Among other things, this calls for Hong Kong to highlight and promote the importance of the common law, particularly when the city urgently needs a finer balance between security and development.
The common law system has underpinned Hong Kong’s success and its status as Asia’s financial centre. Amid worsening perceptions about Hong Kong’s outlook, the unique strengths of the common law system have been either taken for granted or downplayed.
For instance, since 2021, political and business leaders have turned out in force on April 15 annually to mark National Security Education Day, with films shown and seminars held across society, including in schools.
Just as it is important to raise awareness of national security in the aftermath of the 2019 protests, it is equally important to raise awareness of the city’s distinctive advantages, one of the most important of which is the common law system. This will go a long way to counter the widespread fears about the city’s future.
I propose that Hong Kong should choose a day each year to educate people about the common law system and its unique characteristics. “Common law education day” will help people rediscover the importance of the law, its heritage, bilingual system, judicial independence and links to China’s constitution. Activities including speeches, films, newspaper articles and seminars can be planned to discuss how to adapt to the city’s needs and challenges.
More importantly, Hong Kong can use the opportunity to impress on Beijing the urgent need for Chinese officials – not only in the city but also on the mainland – to study the common law.
Chinese officials in charge of Hong-Kong-related affairs are required to hold sessions to study the country’s constitution and the Basic Law, which guarantees the preservation of the common law. But my research indicates comprehensive and systematic studies of the common law are not required.
It is crucial for them to make up for this. After Beijing claimed it had overall jurisdiction over the city following the imposition of the national security law, some Chinese officials appear to have experienced a change in mindset and now say Hong Kong is finally “one of us”.
Such a shift could mean they are less inclined to treat the city as a unique jurisdiction governed by the common law when they deal with matters related to Hong Kong. If this continues, that will be ominous.
An annual push to celebrate and study the common law in conjunction with the Basic Law is just what Hong Kong needs to boost people’s trust and confidence in the legal system and judiciary – the bedrock of the city’s prosperity.
Wang Xiangwei is a former editor-in-chief of the South China Morning Post. He now teaches journalism at Baptist University
