The Rule of Law in Hong Kong (Part One) – Johannes Chan

Dramatic protests in Hong Kong over the past four months, initially over a now-withdrawn draft law that would permit extraditions to mainland China, have brought to worldwide attention broader fears amongst Hong Kong residents that their city is losing its distinctive legal and political characteristics, that were supposedly to be preserved under Chinese rule, according to the principle of “One Country, Two Systems”. A critical juncture in Hong Kong’s fascinating history appears to have been reached, with ramifications extending far beyond the city itself. In this special two-part episode, Neysun Mahboubi discusses with Hong Kong University law professor, and former dean, Johannes Chan the development of Hong Kong’s hybrid legal system­—before and after the British handover of Hong Kong to China in 1997, through the Umbrella Movement of 2014—and the challenges now before it. The episode was recorded on April 6-7, 2019.

Johannes Chan is Professor of Law and former Dean (2002-2014) of the Faculty of Law at the University of Hong Kong. In his academic work, he specializes in human rights, constitutional law, and administrative law, and has published widely in these fields. His most recent book, Paths of Justice (Hong Kong University Press, 2018), illuminates how Hong Kong’s legal system works in practice by drawing on key cases and Professor Chan’s own legal practice. To this date, he remains the only Honorary Senior Counsel appointed (2003) by the Chief Justice of the Court of Final Appeals in Hong Kong. Professor Chan also has served as a visiting professor at a number of universities in Europe, the United States, and Asia, including as the Bok Visiting International Professor at the University of Pennsylvania Law School (2014), and the Herbert Smith Freehills Visiting Professor at Cambridge University (2015).

Sound engineering: Shani Aviram and Neysun Mahboubi

Music credit: "Salt" by Poppy Ackroyd, follow her at http://poppyackroyd.com