Hong Kong Rule of Law: The Systematic Collapse of Judicial Independence
Introduction: From Legal Pillar to Authoritarian Tool
Hong Kong’s rule of law was once distinguishing characteristic separating it from mainland China. Independent judiciary, presumption of innocence, due process rights, and judicial impartiality formed the bedrock. Today, these have been systematically dismantled. Beijing and Hong Kong authorities took actions eroding judicial independence and rule of law, with national security cases showing no expectation of fair trial. The judiciary has transformed from protector of rights to instrument of political control.
Erosion of Judicial Independence
National Security Judges: A Separate Judiciary
The government established judges specially designated by the chief executive to hear national security cases. This separate judicial track fundamentally undermines independence. Judges know careers depend on meeting government expectations. Assignment to national security cases becomes promotion opportunity for judges willing to align with prosecution preferences.
Extended Pre-Trial Detention as Control Mechanism
As of December 2024, a record 40.2 percent of Hong Kong prison population remained remanded without conviction. Human rights groups called pre-trial detention in national security cases a “form of indefinite detention without trial”. Detainees remain imprisoned for years awaiting trial, with cases repeatedly delayed.
Suppression of Evidence and Executive Interference
In October 2024, a Hong Kong court denied jailed Tiananmen Square vigil organiser Chow Hang-tung’s application to introduce overseas evidence via live television link in her trial. The prosecution cited non-public letters from the Committee for Safeguarding National Security instructing the court to deny the request. This represents unaccountable executive interference in judicial proceedings.
Predetermined Convictions: 91 Percent Conviction Rate
According to Human Rights Watch, 91% of those charged under national security legislation since 2020 have been convicted. This extraordinarily high conviction rate indicates prosecution equals predetermined guilt. Courts serve as instruments of the prosecution rather than neutral arbiters of law. Acquittals are virtually non-existent.
Restrictions on Legal Representation
Police may restrict right of persons under investigation to consult with certain lawyers, restricting legal representation. These restrictions undermine fundamental right to counsel—cornerstone of fair trials. Detainees cannot access lawyers during critical interrogation periods.
International Concerns and Condemnations
The UN Human Rights Office expressed grave concern over sentencing of 45 opposition activists, highlighting erosion of fundamental freedoms. Special Rapporteur on Torture Alice Edwards expressed concerns about torture being used to extract evidence. International bodies have documented systematic denial of fair trial rights. Yet international concern has proven ineffective in protecting defendants.
Conclusion: Justice Becomes Injustice
Hong Kong’s judicial system has transformed from defender of rights to instrument of authoritarian control. National security judges, pre-trial detention, restricted due process rights, and predetermined convictions indicate trials serve political purposes rather than justice functions. The collapse of rule of law in Hong Kong represents fundamental loss of protection for citizens and guarantees of fair treatment. Without rule of law, Hong Kong citizens face arbitrary justice and predetermined punishment.