Contesting Visions of Hong Kong’s Rule of Law and Young People’s Political Discontent
| Author | Yan Lam Lo,Man Yee Karen Lee |
| Date | 01 December 2020 |
| DOI | 10.1177/0964663920912492 |
| Published date | 01 December 2020 |
| Subject Matter | Articles |
Article
Contesting Visions of
Hong Kong’s Rule of Law
and Young People’s
Political Discontent
Man Yee Karen Lee and Yan Lam Lo
The Education University of Hong Kong, Hong Kong
Abstract
This empirical study shows age makes a difference in how people evaluate Hong Kong’s
legal and political institutions amid the former British colony’s chronic democratic deficit
and rising political discontent since its return to Chinese rule in 1997. Using data from a
2015 survey of 3525 local residents conducted 6 months after the end of the ‘Umbrella
Movement’ – a pro-democracy protest lasting 79 days, it reveals a glaring gap between
older and younger people in their evaluations of Hong Kong’s electoral system and
human rights, and more importantly, the latter’s rising localist sentiment. If perceived
illegitimacy of a regime discourages legal compliance, these findings do not bode well for
Hong Kong’s long-term governance. The largely youth-led protests that erupted in the
summer of 2019 against a now-withdrawn bill that would have allowed extradition to
Mainland China, which plunged the city into its worst political crisis since 1997, are
ominous signs.
Keywords
Age difference, Hong Kong, rule of law, Umbrella Movement, values gap
Introduction
The rule of law has taken centre stage in Hong Kong since its return to China in 1997
under a ‘One Country, Two Systems’ model. Despite being billed as ‘the Hong Kong
way of life’ (Patten, 1995), how the rule of law has fared in people’s minds has been
Corresponding author:
Man Yee Karen Lee, Department of Social Sciences, The Education University of Hong Kong, 10 Lo Ping Road,
Tai Po, New Territories, Hong Kong.
Email: myklee@eduhk.hk
Social & Legal Studies
2020, Vol. 29(6) 858–880
ªThe Author(s) 2020
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DOI: 10.1177/0964663920912492
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under-researched. This study fills a gap using data from a 2015 telephone survey of 3525
randomly selected Cantonese- speaking adult residents 5 months a fter the end of an
unprecedented pro-democracy movement, dubbed the ‘Umbrella Movement’, in 2014.
Originally designed to bring short-lived disruptions to Hong Kong’s prime financial
district to make Beijing speed up democratization, it would go on for 79 days, which
at its peak saw tens of thousands of citizens ‘occupy’ the city’s major thoroughfares. The
survey, which took place after this critical political juncture, revealed significant differ-
ences between younger and older people in their evaluations of Hong Kong’s legal and
political institutions.
Age is a strong predictor of political attitude (Almond and Verba, 1963; Inglehart,
1990; Quintelier, 2007). Socialization during adolescence also leads to values differ-
ences between those growing up in different eras (Sun and Wang, 2010). Western
Europeans born after World War II, for example, were found to have leaned towards
post-materialism – whose focus goes beyond amassing wealth and maintaining order – as
part of a paradigm shift in mature democracies (Abramson and Inglehart, 2009). Hong
Kong has largely followed this trend, especially among those born after the 1980s
(Ortmann, 2015). Their aspirations for democracy were reflected in the slogan of the
Umbrella Movement: ‘I Want Universal Suffrage’ – referring to the elections of the
city’s leader and legislators (Kurata, 2015). Hence, this article focuses on public percep-
tions of the ‘institutional’ aspect of the rule of law in a society plagued by a chronic
democratic deficit and growing political discontent.
If perceived illegitimacy of a regime discourages people from obeying the law (Tyler,
1990, 1994), recent developments in Hong Kong suggest more turbulent times ahead.
Hong Kong’s ‘summer of discontent’ in 2019, where initially peaceful protests against a
now-withdrawn bill – that would have allowed extradition to Mainland China – have
turned into violent clashes between mostly young protesters and the police, is the latest
example. More notably, contrary to their reputation for being law-abiding, a substantial
number of Hong Kong people have defied police bans and a newly imposed ‘anti-mask’
law (which a court later annulled) and repeatedly taken to the streets. This article begins
with a review of previous research on Hong Kong people’s legal and political culture,
followed by a discussion of the methodology and findings of the 2015 survey as well as
its political implications. Against the backdrop of the recent uprisings, it argues that,
escalating political discontent, if left unaddressed, may lead to huge consequences.
The Evolution of the Idea of the Rule of Law in Hong Kong
The rule of law has its roots in western liberalism. Its classical notion, popularized by
British jurist Dicey (1959) in the 19th century, contains three fundamental principles:
Men are to be governed by law alone; everyone is equal before the law; and the law of the
constitution is not the source but ‘the consequence of the rights of individuals’. Hong
Kong, thanks to its 150-year British rule, has long embraced this liberal conception of the
rule of law built on procedural justice and respect for fundamental rights. Lauded as the
secret of its economic success and the ultimate bastion of liberty after 1997, the rule of
law has achieved the status of a ‘grand narrative’ (Jones, 2015; Sin and Chu, 1998).
Patten (1995), the last colonial governor, once proclaimed the rule of law as ‘the best
Lee and Lo 859
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