Changing Expectations: How the Rule of Law Fared in the First Decade of the Hong Kong SAR

7 Hong Kong Journal

11 Pages Posted: 2 Jan 2014

See all articles by Danny Gittings

Danny Gittings

University of Hong Kong, College of Humanities and Law, School of Professional and Continuing Education; The University of Hong Kong, Faculty of Law

Date Written: July 2007

Abstract

Widespread predictions that Hong Kong's return to China on July 1, 1997 would mark the beginning of the end of its separate legal system proved far off the mark during the first decade after that date.

Instead the rule of law in Hong Kong — at least when considered strictly in terms of respect for judicial independence and the legal process — survived the 10 years from 1997-2007 far better than many had expected.

But real threats did emerge during that decade, especially due to the National People’s Congress Standing Committee repeated use of its power to interpret the Hong Kong Basic Law, Hong Kong's main constitutional document.

Changing expectations also played a part in that generally rosy picture, transforming some issues that had been denounced as outrageous affronts to the rule of law during the late 1990s into widely accepted facts of life a decade later.

Keywords: Hong Kong, Constitutional Law

Suggested Citation

Gittings, Danny, Changing Expectations: How the Rule of Law Fared in the First Decade of the Hong Kong SAR (July 2007). 7 Hong Kong Journal. Available at SSRN: https://ssrn.com/abstract=2373860

Danny Gittings (Contact Author)

University of Hong Kong, College of Humanities and Law, School of Professional and Continuing Education ( email )

34/F United Centre
95 Queensway
Hong Kong

HOME PAGE: http://hkuspace.hku.hk/about-us/people/chl

The University of Hong Kong, Faculty of Law ( email )

Pokfulam Road
Hong Kong
Hong Kong

HOME PAGE: http://hub.hku.hk/cris/rp/rp01854

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