Hong Kong No More: From Semi-democracy to Semi-Authoritarianism

Abstract

After the Umbrella Movement in 2014 in Hong Kong, the Chinese Communist Party adjusted its strategy towards Hong Kong. The systems in Hong Kong will have to be converted from semi-democratic to authoritarian by advancing the authoritarian rule of law in the territory to replace thicker understandings of the rule of law. Measures of authoritarian rule of law in the Hong Kong context include aggrandizing the Constitution of the People’s Republic of China, normalizing the interpretation of the Basic Law by the Standing Committee of the National People’s Congress, issuing decision on compatibility with the Basic Law by the Standing Committee of the National People’s Congress, adding national laws to Annex III of the Basic Law, acting through the Hong Kong Special Administrative Region Government by enforcing existing laws, political prosecution, amending the Rules of Procedure of the Legislative Council and making new laws through the HKSAR Government. The strategic goals of the authoritarian rule of law in Hong Kong are to weaken the opposition camp, to generate pressure on the courts, to limit the freedoms of Hong Kong people and to 381 382 Benny Yiu­ting Tai legitimize the rule of a Chief Executive not elected by Hong Kong people directly. Ultimately the Chinese Communist Party’s rule over Hong Kong will be secured and Hong Kong cannot be used as a subversive base to threaten its rule in the Mainland. Facing the encroachment of the authoritarian rule of law, Hong Kong is still not fully authoritarianized. It is yet a semi-authoritarian system. Elements of thicker understandings of the rule of law continue to exist in Hong Kong and have not been eradicated yet. Limited elections are still being held. A substantial number of people in Hong Kong have not given up thicker understandings of the rule of law and they believe that law should constrain governmental powers and protect fundamental rights of citizens. Yet, there can still be hope. Everyone in the community must defend the rule of law to prevent further encroachment of authoritarianism.