Daily Bulletin


Daily Bulletin

The Conversation

  • Written by John Garrick, University Fellow in Law, Charles Darwin University
Hong Kong fears losing its rule of law; the rest of the world should worry too

What’s happening in Hong Kong right now has direct bearings on Australia. It goes to an issue crucial to our position in a world economic order that is likely to be shaped less by the United States, still our most important ally, and more by China, our ever more valuable trading partner.

At the heart of the Hong Kong protests is the same issue that causes concern about China’s ambitions from the South China Sea to the South Pacific. It’s about the Chinese government’s commitment to an idiosyncratic idea of the rule of law.

Hong Kong has something like a constitution or bill of rights, called the Hong Kong Basic Law. It’s a legacy of British colonial rule, which the Chinese government agreed to preserve because there was value in keeping Hong Kong the prosperous city it had become.

China has a very different approach to law. Its constitution can and has been changed at the whim of the ruling party. There is no separation of powers, and no such thing as an independent judiciary.

Removing the judicial firewall

The trigger for the Hong Kong protests was a proposed law enabling China to extradite Hong Kong residents and visitors. Protesters foresaw democrats and dissidents disappearing into China’s prison system. The judicial “firewall” giving meaning to the notion of “one country, two systems” would be fatally undermined. Hong Kong’s distinctive culture and economy would be destroyed with it.

Read more: The Hong Kong protesters have turned militant and more strategic – and this unnerves Beijing

The idea of law as an instrument of the Chinese Communist Party shapes the Chinese government’s domestic policies, and also its approach to international law. It respects international conventions when it has to, and when it is in the national interest. But there’s a point where it is quite willing to thumb its nose at the whole idea.

This willingness has stiffened under the leadership of Xi Jinping, who has reaffirmed in word and deed that the Chinese Communist Party “is the highest force for political leadership”.

Law of the sea

An example is China’s view of the United Nations Convention on the Law of the Sea in its dispute with the Philippines over island territory in the South China Sea.

In 2016 a UN tribunal unanimously found in favour of the Philippines. China refused to accept the verdict. It declared it “would continue to abide by international law and basic norms governing international relations”, but also added:

The Chinese government reiterates that, regarding territorial issues and maritime delimitation disputes, China does not accept any means of third party dispute settlement or any solution imposed on China.

It therefore continues to claim the South China Sea as an “inalienable” part of its territory. In direct defiance of the ruling, it has also built artificial islands within the Philippines’ exclusive economic zone, and built military bases on those islands.

Wider implications

China’s official narrative is that it doesn’t reject international law per se, but simply wants law that accommodates “Chinese characteristics”, including China’s preference for resolving disputes one on one.

Read more: Australians' feelings sour towards China: Lowy poll

Given that the point of establishing the United Nations and other multilateral institutions such as the World Trade Organisation was to replace “might makes right” with something like an international rule of law, this is likely to prove cold comfort for smaller nations.

As Xi told the 19th National Congress of the Chinese Communist Party in 2017:

  • the overall goal of “comprehensively advancing law-based governance” is to “establish a system of socialist rule of law with Chinese characteristics and build a country of socialist rule of law”

  • “major country diplomacy with Chinese characteristics aims to foster a new type of international relations and build a community with a shared future for mankind”

  • the defining feature of “socialism with Chinese characteristics” is “the leadership of the Communist Party of China”.

Read more: Australia has too few home-grown experts on the Chinese Communist Party. That's a problem

Beijing’s view of the rule of law is thus very different to what most of the rest of the world understands. The potential consequences are not lost on the citizens of Hong Kong, and they should not be lost on China’s neighbours and trading partners.

Authors: John Garrick, University Fellow in Law, Charles Darwin University

Read more http://theconversation.com/hong-kong-fears-losing-its-rule-of-law-the-rest-of-the-world-should-worry-too-121807

Writers Wanted

Coronavirus disrupted my kid's first year of school. Will that set them back?

arrow_forward

What are manufactured home estates and why are they so problematic for retirees?

arrow_forward

Things to Ask To Your Removalists

arrow_forward

The Conversation
INTERWEBS DIGITAL AGENCY

Politics

Did BLM Really Change the US Police Work?

The Black Lives Matter (BLM) movement has proven that the power of the state rests in the hands of the people it governs. Following the death of 46-year-old black American George Floyd in a case of ...

a Guest Writer - avatar a Guest Writer

Scott Morrison: the right man at the right time

Australia is not at war with another nation or ideology in August 2020 but the nation is in conflict. There are serious threats from China and there are many challenges flowing from the pandemic tha...

Greg Rogers - avatar Greg Rogers

Prime Minister National Cabinet Statement

The National Cabinet met today to discuss Australia’s COVID-19 response, the Victoria outbreak, easing restrictions, helping Australians prepare to go back to work in a COVID-safe environment an...

Scott Morrison - avatar Scott Morrison

Business News

Ten tips for landing a freelance transcription job

Transcription jobs are known to be popular in the field of freelancing. They offer fantastic job opportunities to a lot of people, but there are some scammers who wait to cheat the freelancers. ...

News Company - avatar News Company

How To Remove Rubbish More Effectively

It can be a big task to remove household rubbish. The hardest part is finding the best way to get rid of your junk. It can be very overwhelming to know exactly where to start with so many option...

News Company - avatar News Company

4 Tips To Pass Skills Certifications Tests

Developing the right set of skills is valuable not only to your career, but for life in general. You can get certified in these skills through obtaining a license. Without a certified license, y...

News Company - avatar News Company



News Company Media Core

Content & Technology Connecting Global Audiences

More Information - Less Opinion