Hegemony and post-colonial Hong Kong hybridity: Jūnzǐ, Yi, Xin, and concepts of the rule of law in a Confucian context

Abstract

The rule of law is commonly understood to incorporate several components that have been proposed as integral to the development and sustainability of a mature democracy: separation of powers; equality before and supremacy of the law; equitable participation in decisionmaking through personal freedoms; public promulgation of laws; transparency and legal certainty; and others. Yet it can often be construed as a Western hegemonic, even neocolonial, globalised concept that has been exported to replace more traditional thoughts of good governance.

This paper examines the rule of law in Hong Kong, which emerged from under British rule in 1997 with a deeply ingrained common law system founded upon Western concepts of the rule of law. Yet Hong Kong continues to exhibit in its governance elements of Confucian thought – the junzi (‘gentleman’), ‘yi’ (justice), ‘xin’ (integrity), and ‘li’ (reason). For this reason, it serves as fertile ground for examining the extent of the impact of a globalised hegemony on local populations. I argue that Hong Kong continues to incorporate both systems of governance, exemplifying the persistence of a colonial form of power in the former colony and dependant territory.