Lawyers and Hong Kong’s democracy movement: from electoral politics to civil disobedience

Research on Hong Kong lawyers has so far focused on their internal differences and the rise of cause lawyering. Not much has been done on their role in promoting political liberalism. This paper fills a gap by reviewing the history of lawyers’ political activism before and after Hong Kong’s sovereignty shifted from a liberal-colonial to an authoritarian regime in 1997. It argues, first, that Hong Kong’s post-colonial constitutionalized politics and prolonged democratic deficit have given the legal complex—which includes lawyers and also increasingly legal academics—a key role in its pro-democracy movement, and second, critical political junctures have driven activist lawyers to use various means, from electoral politics to civil disobedience, to defend the rule of law and Hong Kong’s tortuous democratization.     

Globalization,State Autonomy and the Fight against Cross-Border Crime: Greater China's Cooperation with the World

Although globalization has stimulated the rise in cross-border crime, it does not really undermine the autonomy of the mainland Chinese state, the Taiwan state, and the city-states of Hong Kong and Macao. Instead, through cooperation with law-enforcement agencies in other countries, the law-enforcement agencies of these four places, notably the police and customs, have ensured the persistence of state autonomy vis-à-vis cross-border criminal groups and individuals. In the case of Greater China (mainland China, Taiwan, Hong Kong and Macao), interstate cooperation involving the police and customs can maintain state autonomy vis-à-vis criminal groups and individuals. The mechanisms of such interstate and intergovernmental cooperation embrace the sharing of criminal intelligence, the occurrence of anti-crime joint operations, the holding of seminars and conferences, and the administrative arrangements of extraditions. In a nutshell, intergovernmental cooperation in the combat against cross-border crime can maintain state autonomy in the midst of globalization, as the case of Greater China shows.     

Political repression in a sub-national hybrid regime: the PRC’s governing strategies in Hong Kong

Existing literature has long recognised that the Beijing government has utilised different strategies to suppress the opposition in Hong Kong. However, with the rise of localism against the Chinese government, the implications of such political repression require new exploration and insight. This article adopts Hale’s analytical framework on political repression and argues that the Beijing government can comparatively tolerate an opposition fighting for democratisation, but the localists who advocate self-determination or separatism are harshly condemned and suppressed. In Beijing’s approach, this ‘red line’ was adopted to place national security, territory integration and sovereignty as the top considerations. Theoretically, this paper contributes to distinguishing between two types of opposition groups within sub-national hybrid regimes and analyzes different responses from the sovereign state. Empirically, the case of Hong Kong will help enrich the existing literature by comparing Beijing’s strategies of repression in regard to the democratic opposition and localists.     

The challenge of assessing governance in Asian states: Hong Kong in the Worldwide Governance Indicators ranking

As countries in Asia work towards achieving development, the state of governance emerged as a benchmark for them. Assessing governance is an important exercise because a country’s image is influenced by its position in world rankings which plays a role in decisions by the international community regarding aid and trade. The methodology adopted in preparing the Worldwide Governance Indicators (WGI) rankings underlines the preference for some values that are dominant in Western liberal democratic systems. This places Asian states at a disadvantage as other traditional values are ignored in assessing the state of governance. This article examines the methods and criteria of the WGI with reference to the case of Hong Kong. An overview of the critiques of WGI and analysis of the scores awarded to Hong Kong reveal the challenge of assessing governance across countries with the same instrument without taking into consideration the context of the units. The article argues that there is a need for developing alternative criteria for accommodating indigenous institutional structures, processes, and practices to ensure that Asian countries can benefit from the desired values of governance and help overcome the partial picture of governance that emerges in the WGI.     

Citizen Participation in Governance Through Representation: Issue of Gender in East Asia

Abstract

In the modern age, although East Asia represents some of the most successful economies such as Japan, Taiwan, Hong Kong, South Korea, and (now) China, the level of political and administrative development in the region remains controversial. One of the major indicators of such politico‐administrative development is the extent of citizen participation in governance through various democratic means, including the formation and expression of public opinion, people's involvement in government decisions and deliberations, and direct representation of citizens in governing institutions. However, the direct representation of citizens is considered one of the most effective modes of participation in institutions such as legislature, cabinet, and bureaucracy. In this regard, although the representation of women in these governing institutions has gained global significance, it still remains relatively weak in most East Asian cases. This article evaluates the extent of such women's participation in governance through representation in East Asia, examines the major factors constraining this representation, and suggests remedial alternatives to improve the situation.     

Does Ideology Matter? Incentive,Efficiency and Management in the Public Sector

Contracting out has become increasingly popular as a strategy for public sector management for reducing costs, alleviating the burden on government agencies providing services, as well as taking advantage of the practices that have succeeded in the private sector. Generally, the system of management in capitalist liberal democratic systems of government that emphasize rule of law, transparency, performance measurement, and accountability are expected to be more efficient, while socialist regimes are considered to be inefficient due to the lack of these features. This article compares two dissimilar cases of the Hong Kong Special Administrative Region and Shenzhen Special Economic Zone of China. An examination of the management of contract in the area of public housing in these cities reveal that the socialist city of Shenzhen has achieved a higher level of efficiency, while capitalist Hong Kong lags behind in establishing an effective system of management of contracts in the public sector. The finding challenges the traditional assumptions related to efficiency under different ideological regimes.     

FUNCTIONAL REPRESENTATION IN HONG KONG: PROBLEMS AND POSSIBILITIES

Hong Kong has operated a system of functional representation in the Legislative Council since 1985. This system of representation, as it currently stands, provides for half of the seats in the legislature. This paper examines the potential merits and demerits of functional representation for democratic government. The first section provides a brief introduction on the background and system of functional representation in Hong Kong. The second section examines problems in the application of functional representation as encountered in Hong Kong's elections. In the third section, the potential of functional representation for democratic governments will be discussed.     

Reforms to enhance accountability and citizen involvement: a case study of the hong kong hospital authority

The article begins by examining current issues in thinking about accountability, citizen involvement and empowerment. The discussion then moves to the particular context of Hong Kong. Recent reforms to public hospital services are reviewed in the light of the territory's traditional values of paternalistic bureaucracy and minimal citizen involvement. It is shown that despite good intentions to enhance public accountability and cgitizen involvement, in practice there has been little substantive change in the distribution of power between the ruling elite, health care professionals, and the actual service users. Whilst more information about service performance may now be available, opportunities for citizen involvement and representation continue to be carefully managed by the administration. The net result is that only a very few members of the lay public have been appointed to the new bodies that are now responsible for the governance of the public hospitals. Nearly all of those appointed to such bodies are unrepresentative of the normal service users being drawn, instead, from members of the mostly non-public hospital users - namely Hong Kong's very wealthy professional and business elites. For most of the general public, therefore, the reforms have been less about empowerment and involvement and more about informing them of the changes that have been introduced or of educating them so that abuses of the system can be reduced, or their help enlisted in locally organized fund-raising functions. The article concludes that however well-meaning the reformers might have been in terms of endeavouring to enhance accountability and citizen involvement, the impact of such efforts are likely to be seriously limited whenever underlying administrative or social values conflict with those that ostensibly guide the reforms.     

A PROLEGOMENON TO THE STUDY OF THE ROLE OF RHETORIC IN THE GARBAGE-CAN POLICY PROCESS: THE CASE OF HONG KONG'S POSITIVE NON-INTERVENTIONISM

This article analyzes the Hong Kong government's policy making process from the garbage-can perspective. Despite the official claim that the principle of positive non-interventionism has been consistently adhered to, Hong Kong policy makers have been strategically employing positive non-interventionism as rhetoric in legitimizing what they choose to do or not to do in an ad-hoc manner. As a result, be it under colonial rule or Chinese sovereignty, Hong Kong has been governed like an “organized anarchy.” Indeed, playing with the rhetoric of positive non-interventionism has become the identity of Hong Kong policy makers. This argument is illustrated with a review of Hong Kong's industrial policy making from the pre-war period to the present.     

Policy Relations and Policy Subsystems: Financial Policy in Hong Kong and Singapore

Existing studies of Hong Kong’s and Singapore’s success as leading Asian international financial centers (IFCs) have largely focused on economic structural factors at the neglect of political economic contextual variables. Taking a policy subsystems approach and based on extensive field research, this article attempts to address this shortcoming by conceptualizing the “policy relations” that exist between state, industry, and other non-state actors in the two IFCs and delineating the “division of policy roles” among these actors. In the process, this article contributes toward the existing IFC literature and conceptualizes the sociopolitical relations that exist among financial sector actors.     

TOWARDS AN ACCOUNTABLE AND QUALITY PUBLIC ADMINISTRATION IN HONG KONG: REDRESSING ADMINISTRATIVE GRIEVANCES THROUGH THE OMBUDSMAN

ABSTRACT

Following considerable public pressure, in 1989, the Hong Kong government followed many other countries and established an Ombudsman. The establishment of the post has to be seen in the context of the political awakening of Hong Kong and demands for a more accountable and client-oriented public service. Previously, complaints of maladministration in Hong Kong were dealt with under a diffuse and fragmentary system which lacked effective powers. Effective legal action against the government for maladministration is also severely constrained by a number of factors. This article traces the growth of the Ombudsman concept and jurisdiction in Western countries over the last few decades and outlines the structure and jurisdiction of the Ombudsman's office in Hong Kong by way of comparison. The effectiveness of the Hong Kong Ombudsman is then evaluated by a detailed analysis of his achievements over the last ten years in combating maladministration, and his role in three high profile cases. These cases also elucidate some of the limitations inherent in the Ombudsman's role. Lastly the future of the Ombudsman in Hong Kong is explored. It is concluded that the Office of Ombudsman has scored initial success in Hong Kong public administration, and has enhanced government efficiency as well as satisfying public needs and filling a major gap in the system of public redress. However, problems of continuing resources and mapping out a sustainable ethos remain.     

UNCERTAINTY,ACCULTURATION, AND CORRUPTION IN HONG KONG

This article assesses how the integration of Hong Kong with China affects the problem of corruption in Hong Kong. In addition to the increased opportunities for corruption due to the growing presence of Chinese investments in Hong Kong and the incessant social and economic interaction between the two regions, this article focuses on the impact of uncertainty and acculturation arising from this integration. Moral control of corruption is hampered as people feel uncertain about their future and succumb to the temptation to earn quick money. Hong Kong businessmen have also been involved in the process of acculturation, i.e., adapting to the corrupt business culture on the Mainland. The power of the ICAC, as the major means of external control of corruption, has also been questioned due to human rights concerns caused by political uncertainty. This article argues that reconstituting the legitimacy of the government and resolving the uncertainty clouding the community will be a necessary step to strengthen popular confidence in the new government and its anticorruption endeavors.     

Crime,Irregular Warfare,and Institutional Failure in Latin America: Guatemala as a Case Study

This article examines the current crisis in Guatemala as a case study in the phenomenon of “criminal insurgency” in Latin America. Since the close of Guatemala's civil war in 1996, crime—especially violent crime—has increased dramatically, to the point that drug traffickers, organized crime syndicates, and youth gangs are effectively waging a form of irregular warfare against the state. The police, the judiciary, and entire local and departmental governments are rife with criminal infiltrators; murder statistics have surpassed civil-war levels in recent years; criminal operatives assassinate government officials and troublesome members of the political class; and chunks of territory are now effectively under the control of criminal groups. All this has led to growing civic disillusion and eroded the authority and legitimacy of the government. Rampant crime is causing a crisis of the democratic state.     

THE PROBLEM OF LEGITIMACY FOR THE POST-HANDOVER HONG KONG GOVERNMENT

The much-publicized reversion of Hong Kong's sovereignty to China on July 1, 1997, has been hailed as a success by many. Politically, it has been pointed out that Hong Kong has scarcely changed since the handover. Nevertheless, the alleged successful transition has also witnessed a number of economic, social, and political crises. Drawing on systematically collected longitudinal data of public opinion, this paper tries to answer two important questions: first, has the quasibureaucratic-authoritarian political structure of the post transition government experienced a “legitimation problem,” i.e., a rejection of the political structure as a whole. And second, does social discontent directed at incumbent government officials represent strong bottom-up pressure for faster democratization? The longitudinal data suggest that even when public confidence in the HKSAR government dropped to its lowest level in June 1998, there was no evidence to suggest the quasi-bureaucratic authoritarian system had a legitimation problem, nor was there strong public pressure demanding rapid democratization. The demand for changing the political system has seldom been treated as an important personal concern during the transitional period. While social and economic issues have been of great personal concern for most Hong Kong people, very few of them have demanded democratic changes as a way of restoring confidence. Pressure for bottom-up democratization remains low.     

国际税收制度改革新进程及其影响

针对数字经济税基侵蚀和利润转移的国际税收制度改革于2013年被正式提上议程,并逐渐形成了以双支柱为核心的税改方案。2021年10月,改革取得突破性进展,正式获得大多数改革参与国同意,计划于2023年开始在全球范围内实施。国际税收制度改革未来将对全球税收治理、全球贫富差距、数字经济发展、资本流动和避税型离岸中心等产生持续影响,也将给中国完善税收体制、发挥大国优势、吸引中资跨国数字企业回归、推动自由贸易试验区改革与创新等带来机遇。但国际税收制度改革同时会收紧中资跨国企业的海外投资环境,对香港金融稳定也会造成影响。中国应以本轮国际税收制度改革为契机积极参与,并完善税收征管机制,加快市场化建设和金融开放进程,在自贸区对标高水平国际创新,以及提升香港内生增长动力和稳定性。     

Dominance and change in the global computer industry: Military, bureaucratic, and network state developmentalisms

This article examines the conditions under which firms in different economies were able to emerge as significant actors in the global computer industry during different time periods. To achieve this, the article divides into three periods the history of the industry in terms of the three major policy regimes that have supported the dominant firms and regions. It argues that these policy regimes can be thought of as state developmentalisms that take significantly different forms across the history of the industry. U.S. firms’ dominance over their European counterparts in the 1950s and 1960s was underpinned by a system of “military developmentalism” where military agencies funded research, provided a market and developed infrastructure, but also demanded high quality products. The “Asian Tigers”—Taiwan, Singapore, Hong Kong, and South Korea—in the 1970s and 1980s were able to eclipse their Latin American and Indian rivals due in large part to the significant advantages offered by a highly effective system of “bureaucratic developmentalism,” where bureaucratic elites in key state agencies and leading business groups negotiated supports for export performance. The 1990s saw the emergence of a system of “network developmentalism” where countries such as Ireland and Israel were able to emerge as new nodes in the computer industry by careful economic and political negotiation of relations to the United States, reestablished at the center of the industry, and by more decentralized forms of provision of state support for high-tech development. Finally, the conditions under which new regimes can emerge are a consequence of the unanticipated global consequences of previous regimes. While state developmentalisms have been shaped by existing global regimes, they have promoted further and different rounds of industry globalization. Seán ó Riain is professor of sociology at the National University of Ireland, Maynooth. His research has been primarily on the political economy of high-tech growth in Ireland and elsewhere, and on work and class politics among software developers. He is the author ofThe Politics of High Tech Growth: Developmental Network, States in the Global Economy (Cambridge, 2004).     

Democrats and Minority Marginalization: The Case of Pakistan

Pakistan is the first post-war experiment in political Islam to establish a democratic state. While Pakistan's consistently poor democratic record has disadvantaged every citizen, its religious minorities are especially marginalized. This article argues that this marginalization is a consequence of institutionalized political inequality, which indeed may be the root cause of Pakistan's overall democratic weakness. Again, contrary to the popular perception, this article demonstrates that Pakistan's democratic leaderships are as—if not more—complicit in this marginalization as the Islamist dictator Zia-ul-Haq and others. First, the worldview of Pakistan's ostensibly liberal-democratic founder Mahomed Ali Jinnah and its impact on the constitutional framework of Pakistan is analysed. Second, the political culture spawned by another ostensibly democratic leader Zulfiqar Ali Bhutto in securing the mandate for the new post-1971 constitution is explicated. These two ‘democratic’ processes have profoundly influenced the marginalization of religious minorities in Pakistan. This has significant lessons for ‘democratic’ transition leaderships in the contemporaneously evolving cognate experiments in the Arab Spring regions and elsewhere where similarly small minorities exist.     

The Politics of Policing the Anti-WTO Protests in Hong Kong

The confrontations between anti-World Trade Organisation (WTO) protestors and Hong Kong police proved that their earlier encounters brought about uncompromising attitudes and escalating activities on both sides. As a result, riots on the penultimate day of the WTO meeting were inevitable. Applying David Waddington's flashpoint model, this article shows that other factors at the structural, political/ideological, cultural, contextual and situational levels were at play, creating an environment conducive to violence. Waddington's model provides a useful framework for us to comprehend the interactional dynamics of the anti-WTO protests in Hong Kong. However, it has neglected the possibility of an interactive bond between protestors and the public. The contextual uniqueness of forging a dynamic relationship between protestors and the public can enrich Waddington's analytical framework.     

Great expectations: the effect of democratic ideals on political trust in European democracies

While in the older literature, low levels of political trust were routinely interpreted as a lack of support for democracy, more recently authors have claimed that the value pattern of critical citizens is a hallmark for a mature and stable democratic system. In this paper we assess the empirical validity of this claim, by relying on the relative deprivation literature highlighting the relation between expectation and frustration. The 2012 wave of the European Social Survey included an extensive battery measuring democratic ideals, and using latent class analysis we identify a group with high ideals on how a democracy should function. Multilevel regression analysis shows that strong democratic ideals are associated with lower levels of political trust, and most strongly so in countries with low quality of government. We close with observations on how rising democratic ideals could be a cause for the occurrence of a new group of ‘critical citizens’.     

CHALLENGES AND ADJUSTMENTS IN POLICY PRINCIPLES IN THE HONG KONG SPECIAL ADMINISTRATIVE REGION

This article discusses issues that challenged the principles of policy development in the Hong Kong Special Administrative Region (HKSAR) after the transfer of sovereignty. It first examines the traditional paradigms of public administration in Hong Kong and assesses their strengths. Then it analyses the problems and pressures confronted by the new HKSAR government, focusing on eight problem areas and five dilemmas in the two-year period after 1997. Challenges and adjustments in policy principles in the new political setting are identified, and the critical success factors for public administration are re-visited.