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published on January 27, 2016
James A. Rice
Hong Kong’s Migrant Workers and Their Impact on the Rule of Law Narrative
Hong Kong’s adherence to the rule of law has been widely understood as one of its “core values.” As such, it has been understood as an institution necessary for good governance and a check against the abuse of governmental power as well as a feature that differentiates Hong Kong’s system of governance from other parts of China. At the same time, intervening issues of immigration and of constitutional interpretation have begun to challenge this perception. This paper argues that a recent landmark decision involving the right to permanent residence has served to weaken the rule of law in Hong Kong. It has further highlighted a lack of commitment by the judiciary to either human rights claims or equal treatment under the law.