Hong Kong’s unique features are as vital now as they were in 1997
- As the city seeks to move on from recent troubles and meet the challenges ahead, the concept behind ‘one country, two systems’ is the best hope
Hong Kong’s return to China in 1997 was a leap into the unknown. No one knew how the famously capitalist city, a British colony for more than 150 years, would fare as part of a communist country.
As we mark the 27th anniversary of the handover on Monday, questions about Hong Kong’s future under the “one country, two systems” concept remain. It is still work in progress.
The city has undergone sweeping changes following civil unrest in 2019, new national security laws and political reforms. It is battling to recover from the social and economic impact of the pandemic.
Some argue that one country, two systems, with its promise that Hong Kong’s way of life would remain unchanged, has already run its course. Beijing, meanwhile, has repeatedly declared its continued commitment to the concept.
The reality is that it remains the best hope for Hong Kong. There is simply no alternative but to make the best of the arrangements.
Over the years the form they have taken has changed as have the hopes and expectations of many Hong Kong people.
The focus on national security, a response to the 2019 anti-government protests, has inevitably emphasised the “one country” part of the equation.
But the dust has now settled after five turbulent years. Hong Kong is said to have moved “from chaos to stability”. Now, it seeks greater prosperity. Success will depend on its ability to rebalance, focusing more on its own system and the elements that make it different to mainland China.
At the heart of one country, two systems is the principle that the city enjoys a “high degree of autonomy”. Precisely how high is not defined by the law. But the idea is that Hong Kong, led by local people, will to a significant extent, be responsible for determining its own future as a part of China.
The city will play an increasing role in the country’s development and further integrate with the mainland.
But there are many areas in which the local government should be making its own decisions without requiring approval from – or trying to second-guess – Beijing. The words “on its own” appear 20 times in the Basic Law.
The perception, at least, is that there has been less of that amid Beijing’s heightened interest in Hong Kong, following the 2019 protests. But the one country, two systems concept depends on it.
Another key component is the city’s common law legal system. An independent judiciary is expressly provided for. This is an integral part of the rule of law.
The recent departure of three foreign judges from Hong Kong’s top court has sparked renewed debate about the independence of the judiciary amid the strong political headwinds of recent years.
Judicial independence must be strengthened and supported, in practice as well as in principle. The judges need to be given space and support to decide cases freely, fairly and fearlessly.
The rule of law is often referred to, in the context of national security, as a “sword”. But it is also supposed to be a shield, ensuring that freedoms are protected and officials operate within their legal powers.
Hong Kong’s role as an international financial centre, aspiring legal hub and, more broadly, China’s “superconnector” all depend on ensuring the core principles of the legal system are preserved and rights, including free speech, protected.
On the night of the handover, the city’s new chief executive Tung Chee-hwa said: “For the first time in history, we, the people of Hong Kong, will be master of our own destiny.” That destiny is still being shaped.
The one country, two systems concept was designed to preserve the city’s unique features, notably its capitalist credentials, international outlook, rule of law and protection of freedoms.
As Hong Kong seeks to move on from the troubles of recent years and meet the challenges ahead, those features should be strengthened. They are as important now as they were in 1997.
