Preserving Institutions of Autonomy in Hong Kong: The Impact of 1997 On Academia and the Legal Profession

Recently the United Kingdom handed Hong Kong over to China. The Joint Declaration' and the Basic Law 2 provide that the local Hong Kong government shall enjoy a "high degree of autonomy" from the central government in China. However, it is well recognized that such autonomy can only be realized in the presence of strong local institutions -institutions that will resist intervention by China and exercise their powers in the interest of Hong Kong. Thus far, Hong Kong's main governmental institutions-the Chief Executive, the legislature, and the judiciary-hae not established themselves as particularly strong defenders of local autonomy. The first Chief Executive (appointed by the Chinese government) has been criticised for consulting Beijing on matters that are supposed to be outside its supervision.3 The Provisional Legislative Council (appointed because China dissolved Hong Kong's elected legislature) has also been extremely docile and has largely complied with China's wishes. When elections are held in the spring of 1998, Hong Kong can expect more assertive legislators. But as a result of the election law enacted by the Provisional Legislative Council, even the elected Legislative Council will be far less democratic than the one elected in 1995.' Moreover, its power to check the executive branch is quite limited