No 65 Safeguarding The Rule of Law

The Rule of Law Safeguards, Education and Strength

This study looks at the values and perceptions of youth concerning the rule of law in Hong Kong, as well as the challenges to their faith in it amidst the political and social unrest of recent years.

Equality before the law

Article 7 of the Universal Declaration of Human Rights (UNDHR) states: "All are equal before the law and are entitled without any discrimination to equal protection of the law."* Equality before the law and equal protection by the law requires a systematic rule of law that observes due process to provide equal justice, and requires equal protection ensuring that no individual nor group of individuals be privileged over others by the law. It arises from questions concerning equality, fairness and justice. This general guarantee of equality is provided by most of the world's national constitution and has been adopted by China. According to the Oxford English Dictionary, the rule of law is defined as “The authority and influence of law in society, especially when viewed as a constraint on individual and institutional behaviour; (hence) the principle whereby all members of a society (including those in government) are considered equally subject to publicly disclosed legal codes and processes. Everyone is accountable to the law and equal before the law. As defined by the World Justice Project,1 “Effective rule of law reduces corruption, combats poverty and disease, and protects people from injustices large and small. It is the foundation for communities of justice, opportunity, and peace, underpinning development, accountable government and respect for fundamental rights.” Yet the HKSAR’s performance in adherence to the rule of law has fallen according to international rankings, from 17 to 19 since 2015.2

The recent spate of social unrest in which quite a large number of people were involved in unlawful activities has seriously impacted upon the stability of the city. As of 31 July 2021, 10,265 people had been arrested for “illegal acts” related to the 2019 protests.3 Of them, quite a significant number were young people and 4,009 were students. This has raised concerns about young people’s faith in the rule of law as implemented in Hong Kong and, this study hopes to offer insight into ways in which the government, young people and society as a whole might join hands to safeguard the city’s long-established rule of law.

“The rule of law and accountability for human rights violations are critical for prevention of violations, conflict, and violence, the building and sustaining of peace, and achievement of inclusive development,” according to the United Nations Office of the High Commissioner for Human Rights (UNHCR) which represents the world's commitment to the promotion and protection of the full range of human rights and freedoms set out in the Universal Declaration of Human Rights. Governance systems are needed in which all duty bearers, institutions and entities, public or private, are accountable to laws that are publicly promulgated, equally enforced, independently adjudicated, and consistent with international human rights norms and standards. However, as the UNHCR also states, “All countries face challenges in meeting these standards.”

Accountability to the law

Key points from respondents

● The importance of rule of law as a core value of Hong Kong was rated an average of 7.87 on a 0-10 scale where 5 represents moderate and 10 means very important. ● 70.1% say that their confidence in the city’s rule of law fell after the recent spate of social unrest. ● The performance of the HKSAR government in promoting education about the rule of law was rated an average of 4.20 on a 0-10 scale where 5 represents a pass and 10 means very good. ● 51.2% say that their concept of rule of law is most influenced by their peers. ● 49.4% show interest in knowing more about the rule of law. 50.7% do not.

1. worldjusticeproject.org/sites/default/files/documents/WJP-INDEX-21.pdf 2. scmp.com/news/hong-kong/article/1711311/hong-kong-press-freedom-sinks-new-low-global-index 3. info.gov.hk/gia/general/202109/29/P2021092900625.htm?fontSize=1 Key points from individual youth interviews

Some young people say that the government’s unclear explanation of new legislation promulgated last year is confusing.”Some also worry about the possible double standards of law enforcement agencies and the handling by the Department of Justice and the Hong Kong Police Force of cases related to recent social unrest.

Some young people say that they have learned a lot about the spirit of rule of law and understand it better as a result of participating in workshops and other sessions on the subject organized by NGOs. They were impressed by the diverse and interactive elements of such sessions which included moot courts and role play where they could exchange views with judges. This made them more interested in and aware of the rule of law.

Comments from Youth I.D.E.A.S. think tank members

Alan Yip, group member “It is the responsibility of every member of society to safeguard the rule of law. Continuous public education and promotion of the importance of this subject is necessary if a society is to continue cultivating and maintaining the rule of law. More emphasis on the content of new legislation is not enough. Education about the rationale behind laws and their implementation is also needed.” Tony Tsui, group member “Laws should be clear, stable, predictable and easily understandable. The government should improve its explanation of new legislation by holding more public consultations and assessing the public’s concerns and worries. This could result in greater support for new legislation while allaying doubts.” Vivian Leung, group member “Youth engagement is a driver of change and of the continuous development of a society. Therefore, more training opportunities are needed so young people can learn about the rule of law in the city.”

Report No.65 HKFYG Youth I.D.E.A.S. Governance group Published title Strengthening the Rule of Law through Education Survey respondents 529 young people aged 15-34 Parallel interviews with 15 youth and 4 experts or academics. Date August to early October 2021 More details [in Chinese] yrc.hkfyg.org.hk/ en/2021/11/08/yi065-2/ Enquiries Sharon Cheung 3755 7039