Karen Kong on Human Rights Activist Scholars and Social Change in Hong Kong: Reflections on the Umbrella Movement and Beyond (Int'l J H Rts)

"Human rights activist scholars and social change in Hong Kong: reflections on the Umbrella Movement and beyond"
Karen Kong
The International Journal of Human Rights
Published Online: 24 Jan 2019

Abstract: The Umbrella Movement in Hong Kong in 2014, which was the city’s largest scale civil disobedience movement, was first initiated by two university professors and a Baptist Reverend. They advocated the use of non-violent civil disobedience to fight for universal suffrage and genuine election of the Chief Executive in Hong Kong. Though the Umbrella Movement did not end up in successfully changing the electoral system of Hong Kong, its impact on students, academics and the civil society was far beyond the few months of occupation. At the same time, activist scholars had to pay the price for their political activism outside the academia. This paper reflects on the experience of activist scholars in the Umbrella Movement, evaluates their roles in pursuing social change, the challenges they faced, and their impact on students, the academia, and the civil society.

New Book on Civil Unrest and Governance in Hong Kong (Michael Ng and John Wong)

Civil Unrest and Governance in Hong Kong: Law and Order from Historical and Perspectives

Michael Ng and John Wong (eds)
2017, Routledge, 220 pp

Description: This book examines important social movements in Hong Kong from the perspectives of historical and cultural studies. Conventionally regarded as one of the most politically stable cities in Asia, Hong Kong has yet witnessed many demonstrations and struggles against the colonial and post-colonial governments during the past one hundred years. Many of these movements were brought about in the name of justice and unfolded against the context of global unrest. Focusing on the local developments yet mindful of the international backdrop, this volume explores the imaginaries of law and order that these movements engendered, revealing a complex interplay among evolving notions of justice, governance, law and order and cultural creations throughout the under-explored history of instability in Hong Kong. Underscoring the apparently contrasting discourses on the relationship among the rule of law, law and order and social movements in Hong Kong, the contributors emphasise the need to re-examine the conventional juxtaposition of the law and civil unrest. Readers who have an interest in Asian studies, socio-political studies, legal studies, cultural studies and history would welcome this volume of unique interdisciplinarity.  Faculty chapter contributions by Michael Ng, Albert Chen, Benny Tai and Marco Wan.

Michael Ng on Rule of Law and Hong Kong's Student Umbrella Movement of 1919 (new book chapter)

"Rule of Law in Hong Kong History Demythologised: Student Umbrella Movement of 1919"

Michael Ng
in Michael Ng & John Wong (eds), Civil Unrest and Governance in Hong Kong: Law and Order from Historical and Cultural Perspectives (Routledge, 2017), pp 11 - 25

Introduction: In the 2005 Common Law Lecture, a prestigious annual seminar in which distinguished jurists address senior lawyers and law academics in Hong Kong, Sir Anthony Mason, former Chief Justice of the High Court of Australia and then Non-Permanent Judge of the Hong Kong Court of Final Appeal, spoke about the role of common law in Hong Kong:

     The common law also stands for a set of concepts, interests and values which it has protected during the course of its long history. They include the rule of law, the independence of the judiciary, access to the courts, the separation of the powers of government, liberty of the individual, freedom of expression, freedom of association … These values have both generated and informed legal principles including the rules of statutory interpretation. The common law supports the rule of law. Under the rule of law, the law is supreme, so that everyone, including those who exercise power, must conform to the law, a concept memorably captured in the celebrated aphorism ‘a government of laws, and not of men’… The common law stands both as a symbol and as link between Hong Kong’s past, its present and its future.

     English law is central to the history of colonial Hong Kong. Traditional colonial historians conceptualize it as a gift to the colonized, and it is still widely acknowledged by Hong Kong citizens today as a core contributing factor to the city’s continued growth and prosperity. The traditional narrative, which Sir Anthony reproduces above, is that the rule of law, which embraces the principles of judicial independence and offers such safeguards of individual liberty as freedom of expression, is the most important legacy of British colonial rule in Hong Kong, a legacy that is very often cited to distinguish the legal and societal development of Hong Kong from that of its neighbor across the border, mainland China. This chapter challenges this widely accepted narrative, thereby severing Sir Anthony’s link between common law’s legal past and present in Hong Kong. It argues that the traditional narrative simply does not stand up to scrutiny of the archival research. On the contrary, that scrutiny casts serious doubt on the weight afforded such liberal notions as the separation of powers, independence of the judiciary, and assurance of individual freedom of expression and association in the common law legal system practiced in Hong Kong in the pre-Second World War twentieth century, particularly in trial hearings in the Magistrates’ Courts, the courts that heard the majority of criminal cases in colonial Hong Kong.

     Through discussion of a widely reported court case concerning students’ anti-Japan movement in 1919, the chapter further argues that the common law system practiced in early twentieth-century played a more important role in reinforcing an authoritarian form of colonial law and order to achieve the British Empire’s strategic aim of maintaining its overseas territorial and economic possessions than in safeguarding individual liberty and the impartiality of the judicial process.

     Only a very limited number of scholarly works have addressed the prevalence of anti-Chinese legislation in nineteenth-and early twentieth-century Hong Kong, and no work to date has questioned the operation of the highly famed rule of law in the trial process of the latter period. This chapter thus constitutes a first attempt to demythologize the well-rehearsed history of common law in Hong Kong told by Sir Anthony Mason and like-minded historians through a close reading of trial hearing record. Owing to space limitations, only the aforementioned 1919 trial case, which was widely reported in both Hong Kong and overseas newspaper of the day, is used to make the case for the foregoing arguments. However, it should be emphasized that it is not the sole such case in the legal history of early twentieth-century Hong Kong (or at lease up to the outbreak of the Second World War as far as my current research is concerned). Many similar judicial cases have been recorded in my ongoing research project, the output of which will be published in due course.

Albert Chen on Social Movements and the Law: The Case of Hong Kong (new book chapter)

"Social Movements and the Law: The Case of Hong Kong"

Albert Chen

in Michael Ng and John Wong (eds), Civil Unrest and Governance in Hong Kong: Law and Order from Historical and Cultural Perspectives (Routledge, 2017), pp 117-140

Introduction: The relationship between social movements and the law in the Western world has been well studied. With regard to social movements in America, it has been pointed out that ‘legal norms, discourses, and practices in each case were an important constitutive element of evolving movement understandings, aspirations and strategic action. In Hong Kong, particularly since the handover in 1997, social movements have flourished, and the law has become an increasingly social movements and the law in post-colonial Hong Kong? Are theories developed in the West useful in understanding social movements and the law in Hong Kong? It is the purpose of this chapter to explore these questions.

     Our inquiry will proceed in the following stages. The first section of the chapter introduces theories developed in the Western world on social movements and their relationship with the law in order to provide a general theoretical foundation for the subsequent parts. The second section reviews the development of social movements in Hong Kong since the colonial era. The third section considers the development of Hong Kong’s legal system, and discuss several dimensions of law and social movements in post-colonial Hong Kong. Finally, the fourth section provides some concluding reflections.

HKU Law Alumnus Geoffrey Yeung Recognised in The Loop's 30 Under 30 2016

Congratulations to Geoffrey Yeung (LLB, BBA(Law) 2014; PCLL 2015), Rhodes Scholar and human rights activist, who was recently recognised in The Loop HK's 30 Under 30 2016.  His citation reads as follows: 

When he was younger, Geoffrey Yeung wanted to work as a banker or consultant for international companies. As he grew older, he had a change of heart.
     “Around 2012, I came out as gay after a long period of personal struggle,” Yeung says. “It was then that I realized that there was indeed a community that I really wanted to do something for.”
      Having had experience working as an intern at the UN and at NGOs overseas, he got involved with major players in the LGBTQ movement in Hong Kong, like Pink Alliance. He also helped to establish Action Q, a cross-campus group that mobilizes youth support for LGBTQ rights, social justice, and democracy...

Click here to read the full citation.

Hong Kong Legal History: Student Umbrella Movement of 1919 (HKLJ)

"Rule of Law in Hong Kong History Demythologised: Student Umbrella Movement of 1919"

Michael Ng
Hong Kong Law Journal
Dec 2016, Vol 46, Part 3, pp 829-847

Abstract: English law is central to the history of colonial Hong Kong. Traditional colonial historians conceptualise it as a gift to the colonised, and it is still widely acknowledged by Hong Kong citizens today as a core contributing factor to the city’s continued growth and prosperity. The traditional narrative is that the rule of law, which embraces the principles of judicial independence and offers such safeguards of individual liberty as freedom of expression, is the most important legacy of British colonial rule, a legacy that is very often cited to distinguish the legal and societal development of Hong Kong from that of its neighbour across the border, mainland China. This article, drawing on unexplored archival materials, challenges this widely accepted narrative, thereby severing the link between common law’s legal past and present in Hong Kong. Through a close reading of a widely reported court case concerning students’ anti-Japan movement in 1919, the article further argues that the common law system practised in pre–World War II Hong Kong played a more important role in reinforcing an authoritarian form of colonial law and order to achieve the British Empire’s strategic aim of maintaining its overseas territorial and economic possessions than in safeguarding individual liberty and the impartiality of the judicial process.

Reflections on Maverick Legislator Longhair (The Hon Mr Leung Kwok Hung)

“I fight, therefore I am” - Leung Kwok Hung’s 20 Years of Legal Battles in the Court

Editors: Melody Chan, Kristine Chan, Gardenia Kwok, Raphael Wong, Daniel Tam 

June 2016, Up Publications Limited, 254 pp.

Description: In the past twenty years, Leung Kwok Hung (Longhair) was involved in one new lawsuit every year on average. Some are judicial reviews, some are criminal appeals. In many of these cases, he did not hire any lawyer. He even defended himself in the Court of Final Appeal against charges under the Public Order Ordinance. He won numerous cases that brought about legislative changes and compelled the government to withdraw unconstitutional policies. The cases cover all topics: democracy, human rights and livelihood, which all have far-reaching impacts.

"Leung Kwok Hung (Longhair)’s contribution to public law"

Professor Johannes MM Chan SC (Hon)

You may think you know Mr. Leung Kwok Hung (Longhair) well enough, but his name means something else to legal scholars – Leung Kwok Hung is the name for a series of cases. Over the years he challenged the government by judicial means. His challenges clarified grey areas in the law and reiterated some core legal values. His contribution is undeniable. He was involved in, broadly speaking, two types of cases: (1) judicial reviews where he was the applicant, and (2) criminal prosecutions where he was the defendant. His judicial review cases cover different areas of law, some relate to the challenges against the political system, and some concern fundamental human rights and freedoms. The criminal prosecutions he faced mostly related to the Public Order Ordinance...

"Occupy Central, Umbrella and Long Hair" 

Benny Tai 

"Occupy Central" and "Umbrella Movement" are by far the most impactful moments in the history of Hong Kong's Democratic movement. "Occupy Central" and "Umbrella" are interrelated, yet not the same. "Occupy Central" involved long and complex strategic planning, while the "Umbrella Movement" was a reactive and spontaneous movement sparked by the police’s decision to fire tear gas at demonstrators. Although both emphasised non-violence civil disobedience, the form of disobedience is different. The "Occupy Central" was passive and strategic-driven, whereas the "Umbrella Movement" was proactive and drive by individual protestors that acted on their own beliefs. Nevertheless, be it "Occupy Central" or "Umbrella Movement", one could clearly see the presence and thoughts of ‘Long Hair’ throughout the movements.

     Leung Kwok Hung, better known as Long Hair, has always been at the frontline of Hong Kong's social movements. Long Hair’s beliefs remain the same throughout the years: from the early days when he charged the police cordon line carrying a coffin (an action not accepted by the public then) to his becoming the "King of Votes" in the New Territories East constituency election, securing a seat in the Legislative Council. It was Hong Kong people that had changed, they have become more familiar with social movements. With the intensified social differences and the lack of progress in the political system reform, Long Hair's beliefs, which he acted on, became the core ingredients of today’s social movements, despite initially not recognised by many.

     Whether one agrees with Long Hair's protest strategies or not, no one who has genuinely participated in Hong Kong's democratic and social movement can deny Long Hair's contributions. All participants have been, to a certain degree, influenced by Long Hair, be it little or huge, willingly or unwillingly, aware or unaware, actively or pessimistically, positively or negatively. It is foreseeable that Long Hair will continue to have an impact on Hong Kong's democratic and political development in the 10 years to come, if not longer... 

"Social Activism Through the Courts: The Case of Leung Kwok Hung"

Simon Young

As a Canadian lawyer who became a Hong Kong legal academic in 2001, the idea of using courts to achieve socio-political ends was familiar. Ian Brodie describes the Canadian experience in these terms: 

Since the 1970s, the Supreme Court and other Canadian courts have seen a new kind of interest group activity—not sporadic efforts by loosely organized communities or ad hoc coalitions, but systematic, planned litigation campaigns by groups organized to wage long-term battles in the courts. (Ian Brodie, Friends of the court: privileging of interest group litigants in Canada (Albany: State University of New York Press, 2002) xiv.)

Working for the Ministry of the Attorney General for Ontario, I experienced the role of a government lawyer in helping to shape the development of the law in human rights cases. From this background, I observed with great interest and from different perspectives, the Honourable Mr Leung Kwok Hung’s own long-term battles in the Hong Kong courts.

     In various capacities but all for the opposing government side, I was involved in four of Mr Leung’s early cases. All four cases were concerned with weighty questions of constitutional law, and the judgments in those cases remain important precedents on the respective issues...

Click here for more information or contact Ms Gardenia Kwok at kwokgardenia@gmail.com.