Abstract

Hong Kong is a particularly interesting locus for the study of the seemingly existential crisis of the concept “Rule of Law”, as it presents various dichotomies for comparison; “East” versus “West”, common law versus civil law, and Western-style democracy versus the Chinese one-party socialist government. In this Chapter it will be shown with regard to how the Rule of Law and its discourse have been conceptualised and utilised in the context of Hong Kong, that an exclusively legal and positivist analysis precludes a proper understanding of how the law and its subjects participate in the (legal) fabrication and contestation of this concept.