Skip to navigation – Site map

HomeIssues138ArticlesJudicial Responses to Politically...

Articles

Judicial Responses to Politically Sensitive Cases in an Authoritarian Setting: The Case of Hong Kong

Waikeung Tam
p. 57-69

Abstract

Courts around the globe have increasingly handled politically sensitive issues. Judicial decisions that are unfavourable to the political elites may invite political attacks. An emerging literature has explored how courts around the world develop strategies to respond to politically thorny issues. This article contributes to this literature by studying how courts in Hong Kong develop strategies for handling politically sensitive cases. Based on in-depth analysis of 58 politically sensitive cases that were heard by courts in Hong Kong between 1999 and 2023, this article finds that Hong Kong’s courts adopt the following strategies: deference to the government, denying standing to the applicants, ruling that the applicants failed to follow the proper procedures, deciding that a dispute does not exist, delaying the political and legal effects of judgments that are unfavourable to the government, and emphasising that politics plays no role in judges’ decisions.

Top of page

Editor’s notes

Manuscript received on 11 April 2024. Accepted on 31 July 2024.

Excerpt

Full text document will be published online on September 2025.

Outline

Introduction
Literature review
Court decisions on politically sensitive issues and political backlash
Avoidance of politically sensitive issues
Judicial deferral
Courts under authoritarian regimes
The unique position of Hong Kong’s courts
Politically sensitive cases in Hong Kong
Data and methodology
Strategies and tactics of Hong Kong’s courts
Deference to the government
Denying standing to the applicants
Procedurally flawed applications
Deciding that a dispute does not exist
Delaying the political and legal effects of judgments
Politics plays no role in judicial decisions
Conclusion

First lines

Introduction

Courts around the globe have increasingly handled politically sensitive issues, such as electoral disputes, macroeconomic management, and national security (Hirschl 2008). Judicial decisions that are unfavourable to the political elites are likely to invite political attacks. An emerging literature has explored how courts around the world develop strategies to respond to politically sensitive issues in order to minimise political attacks. This article contributes to this literature by studying how courts in the Hong Kong Special Administrative Region (HKSAR) develop strategies for handling politically sensitive cases, thanks to an in-depth analysis of 58 politically sensitive cases that were heard by courts in Hong Kong between 1999 and 2023. The article proceeds as follows. First, it reviews the literature on why and how courts around the globe devise strategies to handle politically sensitive cases, the operation of courts under authoritarian regimes, and the unique po...

Top of page

References

Bibliographical reference

Waikeung Tam, Judicial Responses to Politically Sensitive Cases in an Authoritarian Setting: The Case of Hong KongChina Perspectives, 138 | 2024, 57-69.

Electronic reference

Waikeung Tam, Judicial Responses to Politically Sensitive Cases in an Authoritarian Setting: The Case of Hong KongChina Perspectives [Online], 138 | 2024, Online since 01 September 2025, connection on 01 November 2024. URL: http://journals.openedition.org/chinaperspectives/17152; DOI: https://doi.org/10.4000/12fwc

Top of page

About the author

Waikeung Tam

Waikeung Tam is Research Associate Professor at the Department of Government and International Affairs at Lingnan University, Dorothy Y. L. Wong Building, Tuen Mun, New Territories, Hong Kong (wktam@ln.edu.hk).

Top of page

Copyright

The text and other elements (illustrations, imported files) are “All rights reserved”, unless otherwise stated.

Top of page
Search OpenEdition Search

You will be redirected to OpenEdition Search