JURISPRUDENCE & LAW REVIEW ISSUE I OCTOBER 2025
Dear reader, This was a project idea proposed through a text message from a runner-up of an essay competition to its winner, to foster an academic environment for students in Hong Kong who aspire to join the field of law. Some subject areas are naturally more accessible, with easier ways to navigate, to connect, and to spread ideas. Law is not one of them, especially at the secondary school level. There are countless intricacies in studying Law and even finding somewhere to begin, and opportunities are often hard to come by when you are a student studying a curriculum with no formal introduction to law, as both of us are. The Hong Kong Youth Jurisprudence and Law Review may not be written by advanced academics at the undergraduate, postgraduate, or even doctorate level, nor will it be the most detailed, in-depth journal you come across. What it is, for certain, is a summation of passion, intellectual curiosity, and a desire to engage in Justice in all its forms, trials, and tribulations, by students enthusiastic and earnest to learn more about it. If you are looking for academic, conventional commentary on Law and Jurisprudence, then you ought to look elsewhere. Yet, if you seek intriguing and eye-opening explorations covering the intersection of Philosophy, History, Justice, and more, then we welcome you to HKYJLR’s first mini-issue and our future endeavours with open arms. We hope you find something which provokes inquisitiveness and encourages you to further delve into both our existing topics of study and your own. Perhaps, in time, we will be reading your submission for the next issue, contemplating your similarly fascinating pieces, which, no matter how niche or mainstream the discussion, we are sure will be another tribute to the world of the Law. Amy Wen and Chloe Tse Cofounders and Editors-in-Chief of HKYJLR, August 2025
How does Confucianism impact Hong Kong’s Common Law Jurisdiction? By Amy Wen
hile 40% of homicides committed globally are by juveniles, Hong Kong’s total youth criminals make up barely 2% of arrests each year, around two thousand per year, filling up 9 detention centres across Hong Kong (HKPF, 2024). There are often questions about how Hong Kong maintains its low crime rates and ensures due process when upholding justice, which requires many factors such as the pro-social policies, an effective police force and a competent government. When examining the legal basis of a government, the cultural undertone is often considered. Many studies have been conducted on Western structures and the impact of a Judeo-Christian moral code that has long been ingrained in Europe and later the “New World.” During colonial periods, Western ideas were disseminated into the Americas, Asia, and Africa, including the model of government and, consequently, legislation. Compared to other British colonisation sites, Hong Kong stands quite starkly apart. Though it adapts the English Common Law as its sole judicial system, how does Hong Kong set itself apart? Here, we see that at the genesis of Hong Kong’s legal system, it was spawned by the cultural norm of Confucianism, Chinese legalism and the legal construction based on Conventionalism. How much of Hong Kong’s judicial conventions are influenced by Confucianism, and how does its influence compare to the dominance of Judeo-Christian morality? Page 1 COLONISING LEGAL CULTURE Philosophy of Chinese Law As this essay frames Confucianism as the central figure of societal harmony in Hong Kong, there may be the misconception that Chinese law is based on those teachings. In Chinese society, we see a true split between social and governmental moral structures. Ever since the Shang Yang revolution in the Qin dynasty, Chinese law follows Chinese legalism, where the ruling class deliberates every “right” or “wrong”. Justice was spawned from the fact that the people would always maximise their benefit and shy away from any harm, and therefore, the people could be ruled with an iron fist. The flaw of legalism therefore, rises from this distrust of the people, in the inability to believe that they are able to retain any moral compass to decide. Classical legalism focused on weakening the people to rule, and firmly believed that a strong legal system trumped all other aspects of a prosperous society. As the Qin dynasty shattered, this was not the case. Legalism still remained popular even after the Qing dynasty was eradicated in the early 20th century, and carried through into the communist ideology of the PRC legal system. There is a neglected view of ethics in legalism, where the populous is viewed as a group of subjects that only seek benefits. In this situation, legalism actually adopts a largely consequentialist system that mimics statute law partially.
Common Law in Hong Kong To discuss this, we must examine the moral Before 1997, some may argue that a Britishstructure of English common law and occupied Hong Kong was prone to corruption identify where it differs from Confucianism. and faux power separation due to the cultural Confucianism considers the individual inconsistencies, one of them being the always as a member of a collective and an suppression of official bilingualism in Hong individual who should contribute to the Kong’s Justice system. (Chan, 1997) This collective. This should not only be attributed suppression arose from a lack of confidence in to the communist ideology that constructs Hong Kong’s ability to maintain the Common the Chinese legal system within the PRC, but Law system, as scholars suspected the Chinese also to the cultural heritage underlying it. language could overthrow this Western system English common law, in certain aspects, may entirely. This incorrect assumption ignores the be a mirror for Chinese law in an advanced dominant language, being Cantonese instead of form. The detaches common from the law system civil law partially Mandarin. (Buddle, 1997) Though there were system the clearly concerns from the British Hong Kong Roman Empire left behind, and adapts an government, post-1997, we are uniquely situated affinity for statutes and legislative power in a position where we understand that these held by judges. Its origin can be largely assumptions directly correlate legal systems attributed to the Norman invasion and the with cultural frameworks, while there is no succeeding Anglo-Saxon cultural expansion. concrete causal relationship, it is clear that cultures can cultivate different societies with English common law is largely Lockean, different legal systems. evident from its emphasis on statutes and hence an empirical spirit. The strong As described by Ms Teresa Cheng SC (2021), dependence on precedence, hence, leads to a Hong Kong’s Basic Law “is largely doctrinal but great need for certainty and consistent capable building upon previous social constructs. changing of adapting to societal circumstances” The values and consistent Although there are specific issues regarding development with court decisions actually is representation and the density of legal able to match with the continuous Confucian knowledge required for a system so heavily beliefs in Hong Kong’s society. As a colony, Hong dependent on previous decisions, it has Kong has brought itself to a point of integration ultimately been able to continue adapting to where English law meets Chinese tradition, and modern society. stability, though There it is is a this mark definite amidst the use of common law, this has grown of slow more obvious. development in certain aspects; the general advantages remain. Due to Judeo-Christian It is specifically the Basic Law structure that influences in English society, even after the allows for Confucianism to thrive in place of protestant movement was popularised, there religion. is this tradition of virtue ethics Though perhaps an uncanny and comparison, it is clear that the virtuous ethics of constantly referring back to commandments Confucianism, focusing on individual values, — a clear basis for case law. sees society comprised not of individuals, but of units of unable to family.The British Occupation was
The lack of corruption and overt abuse after filial piety remained a crucial part of Hong the handover allowed for a distinctly low Kong’s culture within the century-long period. recidivism rate, at 10% for offenders under Though the Common Law is a distinct change of 21 and 21.8% for all offenders. (Correctional culture Confucius Services Department, 2022) This places Hong famously states to “Study the past to define the Kong with other globally renowned judicial future”, aligning with the spirit of English systems such as Norway, and Singapore, Common Law in every right. floating at around 20%. Though Norway There is no dispute regarding Hong Kong’s legal follows connection to the English Judicial system even valuable for comparison. Similar to Hong after 1997, as seen in JIC Co, Ltd v. China Kong, Singapore is an ethnically Chinese- Properties the majority region that had been under British landmark case Ladd v Marshall [1954] was cited rule, and hence uses English Common Law. as authority to defend a submission of new Singapore, though ethnically diverse, follows evidence. Ultimately, the appeal on the basis of Confucian teachings due to Lee Kuan Yew’s an policymaking. Though Lee does not claim to that the Group English maintains British Ltd ruling the [2023] was obvious brought. where rejected, influence. but While this no abide Scandinavian by any law, ideology Singapore aside pragmatic remains. embodies a Junzi (Exemplary Person) as he is a consistent need for certainty and for precedence; the setting of principles is enforced authority that is created by the Ritual (Li). This to realise that they share the qualities of authority being for respect strictly follows his ritual (Li) of principles. As we observe these two societies, we come allows the practically for ultimately by he his longer legally binding, the influence of case law There leadership, from is a judicially Confucian and Common Law independent system to moderate society, which jurisdictions. Singapore and Hong Kong are is the case in Hong Kong. both Confucianism formed an informal social control circumstances, however, this may give us an with its belief of the family as a unit, and with idea as to the level of competence societies the submission to a Benevolent (Ren) rule, there are able to reach with these conditions. is naturally prosperity and Harmony (He) that would come. The roles of individuals are to obey the benevolent rule, and as long as the law is reasonable and allows for the survival of the family as a unit, this ideal of filial piety can extend beyond societal expectations of “giving back” as well. Hong Kong as a Confucian society provides great assistance to its Basic Law and hence is able to sustain the Rule of Law and regulate society. Comparisons Hong Kong’s low criminal rate could also be owed to its competent police force that had largely followed British traditions for training and regulations, yet the cultural expectation of police officers to serve harmony and follow the rule of benevolence keeps Hong Kong’s law enforcement in check. spawned out of incredibly unique Conclusion To conclude, Hong Kong’s justice system is sustained by Confucianism as its virtuebased ethical framework is able to limit illegal behavior alongside enforcing the law via the correctional forces and generally just judgments. The family remains a unit even in a colonised traditionalist Hong values Kong, may and have while slowly retreated into relative obscurity, the cultural instinct of filial piety and the obedience towards the Ritual (Li) and principle remains. With this informal control in place, Hong Kong’s common law has no issue in its jurisdiction and ranks in the top 20% globally for justice (World Justice Project, 2023). It is likely that the status quo would
under the condition that Confucianism remains the most dominant cultural ideology in Hong Kong. By Amy Wen Bibliography Chan, M. K. (1997). Imperfect Legacy: Defects in the British legal system in colonial Hong Kong. University of Pennsylvania Journal of International Economic Law, 18(1), 133. https://scholarship.law.upenn.edu/cgi/viewcontent.cgi? article=1422&context=jil CUHK Faculty of Law. (2023, October 13). “Confucianism and Chinese Law, Past and present” by Prof. Norman Ho - the Chinese University of Hong Kong. The Chinese University of Hong Kong. https://www.law.cuhk.edu.hk/app/greater-china-20180907/ Department of Justice - our legal system - basic law. (n.d.). https://www.doj.gov.hk/en/our_legal_system/basic_law.html Gao, S., & Walayat, A. J. (n.d.). The compatibility of confucianism and law. DigitalCommons@Pace. https://digitalcommons.pace.edu/plr/vol41/iss1/5/ Law and order situation in Hong Kong in 2024 | Hong Kong Police Force. (2024). https://www.police.gov.hk/ppp_en/01_about_us/cp_ye.html Recidivism rate of local rehabilitated offenders. (2022). Retrieved August 14, 2025, from https://www.csd.gov.hk/english/statistics/reh/recidivism_rate.html Robust legal system. (n.d.). Robust Legal System | InvestHK. https://www.familyofficehk.gov.hk/en/why-hong-kong/robust-legalsystem/index.html
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