The Rule of Law in Hong Kong

The Rule of Law in Hong Kong
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The Rule of Law in Hong Kong
Hong Kong is among the most business-friendly cities globally. Free flow of information, the Rule of Law, and free market policies mean a level playing field for every company. Its enduring appeal is also built on English as the language of business. The Rule of Law basically denotes the elemental principles of law which govern how power is exercised. This paper discusses what the Rule of Law means and if it is applicable to the legal system in Hong Kong. The paper also discusses whether Hong Kong managed to adhere to this principle.
Dicey’s Rule of Law
According to Dicey, there were 3 aspects to the Rule of Law: first, no one can be punished or can be legally made to suffer in goods or body with the exception of a distinctive infringement of law created in the ordinary legal fashion before the ordinary Courts. Secondly, nobody is above the law. Every person, notwithstanding that person’s condition or rank, is subject to the ordinary law and amenable to the jurisdiction of the ordinary courts. Thirdly, the constitution’s general principles are the result of judicial decisions that determine the rights of people in certain cases brought before the courts.
Dicey’s Rule of Law is applicable to Hong Kong
The power of the government of Hong Kong as well as all of its representatives and officials are drawn from law as expressed clearly in legislation as well as the judicial decisions made by autonomous courts. The Rule of Law is applicable to the legal system of Hong Kong Special Administrative Region since in this city, the legal system is based upon the Rule of Law as well as the autonomy of the judiciary. Hong Kong is dedicated and devoted to the Rule of Law and this makes it a well-liked city for settling disputes and for structuring contracts. The legal system of this city is based upon the British Common Law system and its judiciary is completely self-sufficient. Hong Kong has managed to adhere to this principle since in Hong Kong, at the core of the system of government lies the principle that nobody, even Hong Kong’s Chief Executive, could do any action that constitutes a legal wrong or affect the liberty of someone else unless he or she could point to a legal justification for that particular act. If he or she is not able to do so, then the affected individual could have recourse to a court that might rule that the action is not valid and lacks legal effect. The court may order compensation in favor of the affected individual.
It is notable that one corollary of the Principle of Legality could be summed up as equality before the law. Article 25 of Hong Kong Basic Law stipulates that everyone is equal before the law with no exceptions, and it applies to everybody. In essence, it is essential that everyone, notwithstanding their religion, politics, position or race, is subject to the laws of the land in Hong Kong. This is clearly consistent with the second aspect of Dicey’s Rule of Law. In addition, the Rule of Law in Hong Kong necessitates that the courts are sovereign and self-governing of the executive. Article 85 of the Basic Law states that courts in Hong Kong shall exercise judicial power autonomously, without any interference. This autonomy and self-sufficiency is critical if unbiased, fair rulings are to be made whenever the legality of government acts need to be decided. Two fundamental aspects of the Rule of Law are equality and legality. However, the principle requires something more, or else it would be satisfied by providing the government with discretionary and unlimited powers. As such, another meaning of the Rule of Law is found in a system of rules restricting discretionary powers. The courts in Hong Kong, to this end, have created a set of guidelines whose purpose is to ensure that statutory powers are not utilized in ways not intended by the legislature.
It is worth mentioning that these guidelines pertain to both the procedures and substance pertaining to the exercise of executive power. A case in point of the latter is where a court reaches a conclusion that a decision purporting to be authorized by a constitutional power is clearly unreasonable and the legislature could not have envisaged it. A case in point of the former is where a decision has been made without according the affected individual the opportunity to be heard in situations in which the legislature must have imagined that such a chance would have been provided. A court in these two cases would conclude that the decisions were lawfully not valid. The Basic Law makes sure that Hong Kong’s legal system would continue giving effect to the Rule of Law. This is because it spells out that the laws formerly in force in Hong Kong – customary law, subordinate legislation, ordinances, rules of equity, and the common law – would be upheld, except any which infringe the Basic Law, and subject to ensuing amendment by the legislature of Hong Kong.
All in all, the Rule of Law in Hong Kong starts with the right of people to seek protection through courts where unbiased judges administer justice. The Rule of Law protects the freedom of people to manage their own affairs with no fear of the influence from the influential and wealthy individuals, or arbitrary interference by Hong Kong’s government. Article 27 of the Basic Law states that everybody shall have the freedom of the press, of speech and publication; they also have the freedom of demonstration, of procession, and association. According to Article 28, the freedom of Hong Kong’s residents will not be inviolable. No one would be subjected to illegal or arbitrary incarceration, detention or arrest. This is clearly in line with the first aspect of Dicey’s Rule of Law.
Effective Rule of Law, in essence, helps in reducing corruption, improving education and public health, alleviating poverty, and protecting people from dangers and injustices. The Rule of Law in Hong Kong has been one of the most talked about topics in the past few years. A facet of the discussion has been the degree to which extraneous factors for instance politics and/or political considerations affect the administration of justice by Hong Kong courts. Geoffrey Ma, Hong Kong’s Chief Justice, pointed out that the administration of justice by Hong Kong courts is not and cannot be influenced at all by any extraneous factors, adding that the judges and courts apply only the law. The judges’ constitutional role entails adjudicating on legal disputes between different parties. The courts have no function of solving political questions; they only determine legal questions although the reason for presenting legal court cases might be a political one.
The foundation of any given society is the Rule of Law and is key to the cohesion of any particular community. Hong Kong has a population that surpasses seven million and every person wants, for themselves plus for their families, to lead a life that is productive and dignified. They are entitled to. Even so, different individuals would apparently have diverse priorities and diverse interests. Their viewpoints would be different, at times to a large extent so. The law’s cohesiveness ensures that fundamental rights are enforced and that there is also an equal respect for the rights of other people. The law and the courts’ administration of justice in Hong Kong seek to accomplish a proper and just balance of these broadly different interests and viewpoints. In other words, the aim is to make sure that the courts in Hong Kong enforce fundament...