Book Review of 'The Judicial Construction of Hong Kong's Basic Law: Courts, Politics, and Society after 1997'
(2016) 75(1) The China Journal 242-244
2 Pages Posted: 2 Jul 2018
Date Written: January 1, 2016
This article was an invited book review on the most detailed study of the implementation of the Basic Law by the Hong Kong courts, written by barrister Lo Pui Yin.
Writing from the perspective of a fellow author on the Basic Law, this article interpets this book as providing ample evidence that, defying numerous gloomy predictions to the contrary, during its first 15 years after the 1997 reversion to Chinese sovereignty Hong Kong's courts were remarkably successful in “putting barricades at the gateway” to insulate their common law system from the legal order that prevails elsewhere in China.
It concludes that while Hong Kong’s autonomy in the legal arena (as in so many other areas) is vulnerable and under threat, that is still a far cry from concluding it will necessarily disappear, especially when there are still so many in Hong Kong prepared to stand up and defend the territory’s autonomy.
Keywords: Judicial Independence, Non-Democratic Regimes, Basic Law, Hong Kong, China
JEL Classification: K
Suggested Citation: Suggested Citation