Organizer: Gerard Postiglione, Chinese University of Hong Kong
Chair and Discussant: Jamie Allen, The Economist
This panel aims to highlight significant changes taking place in Hong Kong during the final days of British rule, from a variety of perspectives. These changes will be explained from the point of view of those closely involved with British and Chinese policies toward Hong Kong. Daniel Fung, Solicitor General of the Hong Kong Government, will give an overall view of how Hong Kong's legal system is "managing" and how it will be managed after 1997. How will the rule of law survive, and how will the SAR government keep Hong Kong's current legal system intact? Mr. Fung will also deal with problem facing the independence of the judiciary. Christine Loh, a directly elected member of the Legislative Council, will discuss the Hong Kong legislature's "reactions" to China's provisional legislature in the context of the Hong Kong political scene. She will also look at the future of political parties, and how Hong Kong politics can survive beyond July 1, 1997. Gerard Postiglione will focus on the implications of Hong Kong's metamorphosis with regard to the idenities of the people of Hong Kong. The discussant and chair, Mr. Jamie Allen, will respond to all three papers, react to all the major arguments, and discuss the issues from an international perspective.
Law and the Legal System
Daniel Fung, Solicitor General, Hong Kong Government
The common law is Britain's "proudest" legacy bequeathed to Hong Kong after a century and a half of colonial tutelage. The underlying values and ideals of the common law are epitomised in the concept of the rule of law. The continuation of the common law system beyond June 30, 1997 is guaranteed both by international treaty and by constitutional provisions (the Basic Law), which form the twin cornerstones of Hong Kong's future legal edifice. The Joint Declaration specifically provides for Hong Kong's legal system to survive unchanged. Hong Kong will have its own Court of Final Appeal on July 1, 1997, and Article 8 of the Basic Law makes it plain that the pre-existing legal system, namely, the common law, rules of equity, pre-existing legislation, subsidiary legislation and customary law, will all be preserved, save only for those which contravene the Basic Law. The transfer of sovereignty will not, in my opinion, affect the transfer of Hong Kong's legal system, and in this paper I am prepared to argue that Hong Kong laws will enjoy a "through-train" treatment. I will present those principal factors which warrant such an optimistic prognosis.
Politics and the Legislative Council
Christine Loh, The Hong Kong Legislative Council
As a directly-elected member of the Hong Kong Legislative Council who is likely to "lose" my seat come July 1, 1997, my presentation will discuss Hong Kong's current political culture and the limitations it faces. The emphasis will be on the issues involved both from the perspectives of local attitudes towards China and how tolerant it will be, and also in terms of political institutions, including the development of political parties and related political activities. Until recently, Britain never seriously considered giving the people of Hong Kong an authentic system of representative government. But it would have been unseemly to turn six million people over to an authoritarian communist regime without any move towards democratization. China, on the other hand, remains suspicious of British intentions. It believes that Britain wants Chinese rule over Hong Kong to fail. It is unwilling to acknowledge that Hong Kong people themselves now want democratic reforms even though in the past they did not seem to be too eager for it. I will offer some analyses on Hong Kong's political transformation in recent times. In general, I will concentrate on the possibilities and probabilities of the future development of Hong Kong politics.
Society and Changing Identities
Gerard Postiglione, University of Hong Kong
This paper focuses on the implications of Hong Kong's metamorphosis for the identities of Hong Kong people. First, Hong Kong identity will be contextualized within the general notion of Chinese identity. Second, research on Hong Kong identity will be critically reviewed. Third, the interplay between the political, social, cultural, as well as international identities of Hong Kong people will be examined. Fourth, comparisons will be made between the identities held by different social classes in Hong Kong within the context of the changing political environment. Fifth, the interaction between Cantonese/Southern vs. Northern identities will be discussed as it situates itself in a changing Hong Kong. Sixth, the role of the Hong Kong education system in reproducing culture and social identity will be critically assessed. Finally, the tension between Hong Kong-ness and Chinese-ness will be used to advance several possible scenarios about the metamorphosis of identities in Hong Kong.