Former Hong Kong Justice Secretary looks at
China’s rule of law from a HongKong
perspective
China
has the legal framework and the will to improve its rule of law, and what is
required are techniques and more exchanges and cooperation with other jurisdictions
for the improvement of judges, lawyers, and law enforcement officers, said Ms.
Elsie Leung, former Hong Kong Justice Secretary and currently the Vice Director
of the Hong Kong Basic Law Committee, a working unit under the Standing
Committee of the National People’s Congress (NPC) of the People’s Republic of
China (PRC)..
Ms.
Leung was speaking in Chicago at a luncheon hosted by the Center for Asian
Studies, University of Chicago, on “The Rule of law on China: A Hong Kong
Perspective” on May 14.
Addressing
an audience of academics and students, Ms. Leung said, “China’s legal
system, prescribed by the Chinese Constitution, provides for the mode of
government and a socialist legal system agreed upon by its people.
“It
is a system that cannot change, and what can be changed are procedural
regulations which would provide fair trails, good governance, and open
legislative process.”
She
said, under the “One Country, Two Systems” concept, the National Laws of the
PRC does not apply to Hong Kong except for
those regarding sovereignty, including defense and foreign affairs.
Hong Kong continues to practice the common law system
under the Basic Law.
“It
would be improper for Hong Kong to impose the
requirement of our common law system on the Mainland,” she said.
“However,
by frequent contacts and exchanges, Hong Kong may expose the Chinese legal
professionals, including judges, prosecutors, lawyers, and law enforcement
officers to the virtues of the Hong Kong
system.”
Ms.
Leung noted that China has come a long way from its establishment in 1949 to
build up a society of the rule of the law.
She
pointed out that the United States of America was founded in 1776 and had
undergone 250 years since the unification of the North and the South to develop
its legal system and the rule of law, while China had only a history of 60
years, half of which was filled with turmoil and calamities.
She
remarked that she did not pretend that China’s rule of law’s situation was
perfect but that the problems had been identified and measures taken to rectify
them.
She
said, “the rule of law depends not only on a proper legal and judicial system,
or a few good judges, but the need for well-trained lawyers fervently
presenting cases and legal arguments before the court; good administrators who
abide by the law in formulating policies and in legislative proposals; good law
enforcement officers in implementing the law and adhering to the law; and
citizens who understand their rights and are ready to stand up for themselves.
“It
would be useful to share our administrative, legislative, and judicial
experience with officials, academia, and others in the Mainland and show them
the value of such common law concepts like judicial independence, impartiality,
etc , so that they may adopt such parts of our practice as are appropriate to
the system.”
Ms.
Leung served as the Secretary for Justice of the Hong Kong Special Administrative
Region between 1997 and 2005. She also introduced the China-United States
Exchange Foundation, founded by Mr. C. H. Tung, first Chief Executive of the Hong
Kong Special Administrative Region. Ms. Leung is a Governor of the Foundation.
