Hong Kong’s Judiciary in the Security Era:
Between a Rock and a Hard Place
featuring
Carole J. Petersen
Cades Foundation Professor
William S. Richardson School of Law
University of Hawaiʻi at Mānoa
Speaker’s summary:
The International Covenant on Civil and Political Rights (ICCPR) still has constitutional status in Hong Kong. In practice, however, the Court of Final Appeal (CFA) is compelled to avoid confrontation with Beijing. The CFA has thus declared that it cannot review the constitutionality of the National Security Law and has accepted the local government’s definition of “national security,” thereby broadening the scope of permissible restrictions on civil liberties. It is arguable that the judiciary is facilitating Hong Kong’s transition to authoritarianism. Yet, in selected cases, the courts have continued to rule against the local government and to enforce ICCPR-protected rights, including the right to fair trial and the rights of the LGBTQ community. For Hong Kong’s 7.5 million residents, the situation could become far worse if Beijing were to eliminate Hong Kong’s separate court system or transfer security-related cases to Mainland China.
Speaker’s Bio:
Carole J. Petersen is the Cades Foundation Professor in the William S. Richardson School of Law at the University of Hawaiʻi at Mānoa. She taught law in Hong Kong from 1989 to 2006 and continues to research human rights in the territory. In 2023, she published: “Territorial Autonomy as a Tool of Conflict Resolution? Lessons from ‘One Country, Two Systems’ in Hong Kong,” in the ACADEMIA SINICA LAW JOURNAL, 2022 Special Issue 195-243. Professor Petersen holds a BA from the University of Chicago, a JD from Harvard Law School, and a Postgraduate Diploma in the Law of the People’s Republic of China from the University of Hong Kong.
The views expressed are those of the speaker and do not necessarily reflect East-West Center policies or positions.
The China Seminar was founded by Dr. Daniel W.Y. Kwok in 1977. Under his guidance, it became a signature program of the Friends of the East-West Center (FEWC) in 2009. The program provides an informal venue for China experts, such as scholars, diplomats, and journalists, to present talks on aspects of China that interest the community and members of the Friends. Topics include politics, economics, social issues, history, culture, food, arts, and many other subjects.


