The Importance of Preserving the Rule of Law in Hong Kong - Essay Example

? Number] The Rule of Law in Hong Kong Since 1997, Hong Kong has been governed under a set of fundamental principles which are often referred to as the ‘rule of law’. Although this term has a number of meanings, in Hong Kong, it means that the legislation helps in defining the power of the government and its servants; furthermore, all decisions related to the judiciary are to be made by independent courts (Legal System in Hong Kong, 2008). The most basic principle of the rule of law which is also called the ‘principle of legality’ prohibits any person of any rank, age, race or status from committing an act that is legally wrong and/or affects one’s liberty without providing a reasonable and lawful justification. One can hence derive the idea that the legality and equality form the roots of Hong Kong’s legislature and every other principle revolves around it. To promote equality, the country’s legislature involves a ruling system specially designed to restrict the discretionary powers of the government. It provides the courts with a guideline for ensuring that constitutional powers are not exploited in any way by the government officials. So, any unreasonable decision or any attempt of exercising excessive power is always made invalid or futile by the court orders. The rule of law holds an important place in the Hong Kong system of legislature. It most certainly, is one of its greatest strengths. It is something that ensures the country’s status as a leading centre in the financial market in terms of finance and commerce and provides a secure environment for the businessmen to work in. Thus, it is the defining ideology upon which the people of the country put their trust and faith. They are proud of possessing an independent judiciary and are very concerned about upholding the integrity of their legal system. Any threats or criticism against the rule of law is severely dealt with. It is very important to realize the rule of law actually needs a very transparent legislation to work effectively. Without a clearly defined set of laws that are justified and comfortable for every citizen of the country and an independent and strong judicial and enforcement bodies, it is impossible to govern a country by the rule of law. Hence, the rule of law resembles the British legislation as it was proposed when Hong Kong was under the British colonial rule. Although, there was much concern that the rule of law would be compromised when Hong Kong was remerged with its motherland, it did not happen so and it still remains fair and just. For those who say that the rule of law is a myth are certainly very wrong in my personal opinion. Hong Kong has always preserved the core values of its legislature that involves freedom of speech and defending the human rights. The justice department works free from any outside interference or pressures and is responsible for maintaining law and order and defining the working principles for different matters in the society. Moreover, the responsibility of giving the government legal advices is handed over to the Secretary of Justice. Not to forget the fact that the country’s legal system consists of about 5000 lawyers and about 700 law firms. Through all such measures, the judiciary of the country has been improved to quite a great extent. The courts in Hong Kong are mainly operated by its judiciary which is independent of both the executive and the legislative councils as mentioned earlier as well. The word ‘independent’ is highly stressed upon because it holds the true essence of the rule of law. The legal body in Hong Kong enjoys a lot of protective measures and cannot be questioned by the government. This allows the system to be utterly transparent and just. The highest post in Hong Kong’s judicial council is that of Chief Justice, who is then assisted by other officials of different ranks and responsibilities. To ensure that the system remains profound, the rule of law requires the legal practitioners to be well qualified. Another important reason to preserve the rule of law in Hong Kong is the major role that it plays in helping the country’s economy flourish. The judicial system ensures the implementation of a standard set of rules in all business fields and any opposition to those well – defined principles is dealt with in a very strict manner. The rule of law also guarantees the right of owning private assets and property by Hong Kong’s citizens and gives them great incentives to participate in such lawful activities which boost up the country’s economy. Hong Kong has a very strong reputation in the world as a ‘free enterprise’ which has helped it to prosper well in the international market and attract both local and foreign investors. The rule of law restricts any intervention of the government in the economic affairs which is suspected to have a negative effect on the country’s reputation as a ‘free enterprise’. Side by side, it also prevents the government of China from interfering in Hong Kong’s internal affairs. The rule of law in Hong Kong has been under threat by the country’s government in recent years. The governing bodies have been trying hard to amend its principles so as to have a greater liberty in their actions (Bradsher, 2005). I believe that this is wrong. Like Mr. Wong, the Secretary of Justice, said in a press conference, the rule of law has helped Hong Kong prosper as a nation since as long as 1997. It has helped protect the fundamental rights of the citizens of Hong Kong and given them a system which they can blindly trust upon. Every person living in Hong Kong is aware of the fact that he or she will definitely get justice as long as the rule of law is alive. It has also helped in improving the reputation of the Hong Kong’s judiciary in the international forum and achieving the honor of Asia’s best judicial system in recent year. Therefore, it is very crucial to preserve the rule of law in Hong Kong if one wishes the country to continue its journey down the road of prosperity and success. Works Cited Bradsher, Keith. "Rule of law at risk in Hong Kong, critics say." The New York Times. N.p., 14 Mar 2005. Web. 8 Oct 2012. Legal System in Hong Kong. Hong Kong: The Dept, 2008. Print. Read More