Friday, January 30, 2026

Anfield Tam, Hilary So, Trevor Wan, and Eric Ip on From Ashes to Accountability: The Hong Kong Basic Law’s Blueprint for the Common Good and the Rule of Law in the Wake of the Tai Po Fire (I-CONnect)

"From Ashes to Accountability: The Hong Kong Basic Law’s Blueprint for the Common Good and the Rule of Law in the Wake of the Tai Po Fire"
Anfield Tam (BSS (GL) & LLB graduate), Hilary So (JD graduate), Trevor Wan and Eric Ip
I-CONnect: Blog of the International Society of Public Law
Published online: January 2026

Introduction:

On November 26, 2025, a catastrophic fire tore through Wang Fuk Court, a 42-year old public housing estate in Tai Po District, Hong Kong. Ignited amid major renovations, the blaze, fueled by flammable scaffolding nets and polystyrene panels, spread swiftly across seven towers, raging for over 43 hours. It claimed 168 lives (including one firefighter), injured 79 others, and displaced thousands, making it the third-deadliest blaze in the 180-year span of modern Hong Kong history and more than twice as fatal as London’s 2017 Grenfell Tower fire.

Public grief mingled with solidarity: volunteers rallied with aid, memorials bloomed with tributes, yet fury grew over ignored warnings, substandard building materials, and oversight failures in the HK$330 million (US$42.4 million) renovation project. Occurring within Hong Kong’s evolving “one country, two systems” constitutional structure, shaped by new national security laws, electoral reforms for “governance by patriots”, and subdued politics post-2019 protests and COVID-19, the disaster has deepened distrust and probed the rule of law’s endurance. Drawing on Lord Bingham’s classic definition, the rule of law demands accessible, predictable laws that protect rights, restrain power, and ensure fair adjudication. These principles underpin the common good: shared conditions for safe, flourishing lives, enshrined in the Hong Kong Basic Law and the Bill of Rights, incorporating the ICCPR (Article 39). Yet, we argue in this post that translating these into vigilant governance remains elusive in Hong Kong.

The Tai Po fire emerges as a profound litmus test: Can Hong Kong’s public law truly shield vulnerable communities through consistent enforcement and impartial accountability? By linking Lord Bingham’s contemporary formulation of the rule of law to ancient Aristotelian notions of the common good, this analysis that follows bridges Anglo-American and continental jurisprudential traditions. For comparative public law scholars, it offers a compelling window into the resilience of common law amid tightening political pressures. Our analysis explores housing safety, inquiry and inquest mechanisms, Owners’ Corporations, and advocates steadfast adherence to Basic Law values to reclaim justice and the common good.

(Please click here to view full text on I-CONnect: Blog of the International Society of Public Law)

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