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American University International Law Review Volume 12 | Issue 3 Article 1 1997 Hong Kong: Preserving Human Rights and the Rule of Law Follow this and additional works at: http://digitalcommons.wcl.american.edu/auilr Part of the International Law Commons Recommended Citation American University International Law Review. "Hong Kong: Preserving Human Rights and the Rule of Law." American University International Law Review 12, no. 3 (1997): 361-508. This Article is brought to you for free and open access by the Washington College of Law Journals & Law Reviews at Digital Commons @ American University Washington College of Law. It has been accepted for inclusion in American University International Law Review by an authorized administrator of Digital Commons @ American University Washington College of Law. For more information, please contact [email protected]. American University Washington College of Law Hbong IKong: Pireserving Human Rights and the Rule of Law A Conference Sponsored by The International Legal Studies Program of the Washington College of Law, Human Rights Watch/Asia, and the Lawyers Committee for Human Rights March 18-19, 1997 FORWARD Daniel D. Bradlow" The most direct impact of the reversion of Hong Kong to Chinese rule on July 1, 1997 will be on the people of Hong Kong. While the arrangement between the British and the Chinese governments concerning the reversion sought to preserve the unique nature of Hong Kong society, the people of Hong Kong are likely to experience a change in the nature of their system of governance after July 1, 1997. * Professor Daniel D. Bradlow is a Professor of Law and Director of the International Legal Studies Program at the American University Washington College of Law vhere he specializes in international economic law. He has been a Senior Special Fellow of the United Nations Institute on Training and Research and served as an advisor to the Re- thinking Bretton Woods Project He has edited books and published articles on interna- tional financial law, international financial institutions, and the World Bank Inspection Panel. AM. U. J. INT'LL. & POL'Y [12:3 The laissez faire and newly democratizing colonial regime that presently governs Hong Kong will have been replaced by a regime acceptable to the Chinese Com- munist Party. This change raises important questions about the sustainability of the recent democratic changes in Hong Kong and about the likely impact of the new regime on the human rights and economic futures of the citizens of Hong Kong. The an- swers to these questions will depend on many factors, including the actions and decisions of the people of Hong Kong, those who presently represent them in the Legislative Committee, the new leaders who will take office at the time of the re- version, and the actions and decisions of both the Chinese government and the international community. In addition, it will be influenced by the differing legal traditions that exist in Hong Kong. The way in which the new rulers of Hong Kong integrate the common law traditions of the "old" colonial Hong Kong with the Chinese legal tradition that predominates in the People's Republic of China will influence how the human rights of Hong Kong's citizens evolve, how much protection workers and other economic actors receive, the predictability and en- forceability of commercial transactions, and how free speech and the press are re- spected in the post-reversion society. This attempt to combine two different legal orders is also an experiment of interest to all who are concerned with how to inte- grate all the legal traditions of the world into a sustainable and just international legal order. The reversion will also create challenges and opportunities for China. The world is watching to see how it absorbs the free-wheeling and legally distinct Hong Kong enclave into its own more regimented social order. China's ability to successfully absorb Hong Kong, while respecting the rights and different tradi- tions of Hong Kong citizens, will raise confidence in the ultimate success of the social and economic transformation presently underway in China. A successful reversion of Hong Kong to China will also raise hopes for the establishment of a more human rights sensitive social and legal order in China. The forthcoming changes in Hong Kong are also of importance to the interna- tional community. First, China is an increasingly important actor in the evolving global economic order and in geo-political affairs. Consequently, how it meets its obligations under the "one country, two systems" arrangement that it proposed as the model for the reversion of Hong Kong to China, will influence other interna- tional actors' faith in China's credibility as a negotiating partner. Second, the ability of China to successfully re-integrate Hong Kong, will influence investors and others' perceptions of the sustainability of China's own social and economic transformation. This in turn will affect their confidence in the long-term prospects for Asian development. Based on these factors, the success of the reversion of Hong Kong to Chinese rule is likely to affect China's influence over the evolving international order and thus over all of our futures. Given the international political, economic, and legal significance of the up- coming events in Hong Kong, the International Legal Studies Program at the Washington College of Law is proud to have co-sponsored together with Human Rights Watch/Asia and the Lawyers Committee for Human Rights, the conference 1997] HONG KONG CONFFRENCE on "Hong Kong: Preserving Human Rights and the Rule of Law," which took place on March 18-19 at the Washington College of Law. The mission of the In. ternational Legal Studies Program of Washington College of Law includes the promotion of an international legal order that respects the rights of all human beings and the legal traditions of all societies and that is based on mutual respect andjustice. As part of this mission, it sponsors conferences, like the conference on Hong Kong, that are designed to educate law students, lawyers, and the broader community about important developments in international law. We hope that the publication of the transcript of this conference will assist the people of Hong Kong to protect their human rights and their evolving democratic order and vill help keep international attention focused on ensuring that the reversion of Hong Kong to Chinese rule becomes an important event in our long march to the establish- ment of the rule of law in all countries and of ajust international legal order. PROCEEDINGS Welcoming Remarks ............................................... 364 Claudio Grossman, Dean, Washington College of Law Introduction and Overview: International Obligations and Prospects for the Legal Regime in Hong Kong After July 1 ................... 366 Nadine Strossen, President, American Civil Liberties Union MargaretNg, Member of Hong Kong's Legislative Council, Bar Council ChristineLoh, Member of Hong Kong's Legislative Council Moderator:Professor Peter Jaszi, Washington College of Law Issues Facing the Judiciary: Maintaining Independence and the Role of the Courts ................................................... 335 Nihal Jayawickrama Professor, School of Law, Hong Kong University MargaretNg, Member of Hong Kong's Legislative Council, Bar Council R. Scott Greathea4New York City Bar Association Moderator: Associate Dean Robert Dinerstein, Washington College of Law Luncheon Speaker .................................................. 399 RepresentativeJohn Porter,Member of United States Congress Issues Facing the Legal Profession, Independent Monitoring: the Basic Law and Subversion, the Bill of Rights Ordinance, Prospects for N GOs ...................................................... 407 George Edwards, Professor, Indiana University School of Law AM. U. J INT'L L. & POL'Y [12:3 Dinah PoKempner, Deputy General Counsel, Human Rights Watch/Asia George Black, Research Director, Lawyers Committee for Human Rights Nihal Jayawickrama,School of Law, Hong Kong University Moderator:Professor Ann Shalleck, Washington College of Law Governance: The Provisional Legislature, Chief Executive, Role of Po- litical Parties, Corruption, and Accountability ................... 467 Howard Lange, State Department, Director of the Department of Chinese and Mongolian Affairs Edwin Fung, Alliance of Hong Kong Chinese in the U.S. ChristineLoh, Member of Hong Kong's Legislative Council Moderator: Professor Richard Wilson, Washington College of Law Business and Law After July 1: Legal and Regulatory Impact of the Transition on Markets, Investment, and Labor Issues ............ 484 Johanas Chan, Associate Professor of Law at Hong Kong University Natalie Lichtenstein, The World Bank, Legal Affairs Department Apo Leung, Asia Monitor Resource Center, Confederation of Trade Unions Claude Fontheim, Fontheim & Hammonds, Washington, D.C. Moderator: Professor Daniel Bradlow, Washington College of Law United States Policy Implications of Hong Kong's Reversion ........... 497 Rick Kessler, Staff Member, Asian-Pacific Subcommittee of the International Relations Committee, United States House of Representatives John Kamm, Independent Businessman and Human Rights Monitor Mike Jendrzeczyk, Washington Director, Human Rights Watch/Asia Moderator: Professor Diane Orentlicher, Washington College of Law WELCOMVING REMARKS PROFESSOR BRADLOW: Good morning, everyone. My name is Daniel Bradlow, and I am the director of the International Legal
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