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Editorial | Hong Kong must ensure the reputation of rule of law is maintained

  • Critics have raised questions about the impact of the national security law on the city’s legal system, including potential ramifications for the business environment. Officials should continue to provide reassurance by explaining the way the law works, the procedures that are followed and the role of the judiciary

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A woman walks past a promotional banner for the Hong Kong national security law in June 2020. Critics have questioned the law’s subsequent effect on the city’s legal system and its business environment. Photo: AP

The importance of Hong Kong’s rule of law to the maintenance of a thriving business environment has long been understood. This is one of the reasons why the city’s common law legal system is seen as a prime asset.

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Care was taken to keep the system, inherited from Britain, intact when Hong Kong returned to China in 1997. Core elements of the pre-existing arrangements were maintained, including an independent judiciary, the protection of rights and freedoms and the ability of litigants to challenge the government.

Foreign businesses looking to take advantage of the city’s friendly business environment have, over the years, appreciated the legal certainty the system provides. They know that disputes will be settled fairly by impartial judges in accordance with established principles.

The availability of a level-playing field sets Hong Kong apart from other cities in the region and makes it easier to attract both business and talent.

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Hong Kong national security law: HK$1 million bounties for arrests of political fugitives overseas

Hong Kong national security law: HK$1 million bounties for arrests of political fugitives overseas

Since the passing of a national security law in 2020, however, critics have raised questions about the impact of the legislation on the city’s legal system, including potential ramifications for the business environment. Hong Kong officials sought to provide reassurance at a forum this week, organised by the Hong Kong Policy Research Institute, focusing on the rule of law and the business sector.

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