U.S. District Court Judge Ronald S.W. Lew Interprets Legal Developments in Hong Kong (April 2005)

Hong Kong is undergoing tremendous change as a result of the mainland's rapidly developing economy, and from a legal expert's point of view, such change bodes well for Hong Kong's judicial system as a whole. United States District Court Judge Ronald S.W. Lew was the guest speaker of the HKASC's April 14 Breakfast Briefing at the Jonathan Club, where he shared his views on recent legal developments in Hong Kong with an audience of local law professionals and business leaders.

Judge Ronald S.W. Lew was appointed United States District Court Judge of the Central District of California in 1987 by President Ronald Reagan, becoming the first Chinese American to assume a judicial post at such level. Lew is a graduate of Southwestern University Law School. He was named to the Los Angeles Municipal Court by Governor Jerry Brown in 1982 and the Los Angeles Superior Court by Governor George Deukmejian in 1984. In addition to his legal career, Lew has been an active leader in the Chinese American community, helping to organize institutions such as the Southern California Chinese Lawyers Association and the Chinatown Service Center.

Having first traveled to Hong Kong as a U.S. Army attorney in 1969, Lew has since been a regular visitor to the region and a dedicated observer of developments in its legal system. Lew's talk focused on a recent trip where he and a delegation of U.S. legal experts met with contemporaries in Hong Kong to exchange information on issues dealing with the mainland's economic and political impact on the Hong Kong judicial system. From his contacts with figures in the Hong Kong legal and business communities, Lew offered an optimistic outlook for the future of Hong Kong's judicial system as an open and independent branch of government, as well as an effective organ of territorial jurisdiction.

The systematic organization and operation of the Hong Kong judicial system renders it representative of "true independence," stated Lew, and the just application of Hong Kong's Basic Law depends largely on figures such as Chief Judge of the High Court Jeffrey Ma, Secretary for Justice Elsie Leung and former Democratic Party Chairman and legislator Martin Lee. Such individuals, Lew believed, act as "benchmarks" of judicial independence and will be instrumental in the future development of the legal system.

Despite such independence, Lew brought forth the growing "participatory influence" of the Chinese government as an impediment to legal sovereignty. Hong Kong's system is, after all, of the "one country, two systems" concept that ties it to Beijing, and this linkage is what legal experts and scholars such as Lew are carefully monitoring. Yet Lew emphasized that like the U.S., Hong Kong's legal system is "strong…mature and very sophisticated" and stressed Hong Kong's distinct identity as a factor that will sustain the sovereignty of its legal system. Moreover, Lew pointed to the rising importance of arbitration in Hong Kong as indicative of both a strong supporting system of and legal alternative to traditional in-court procedures.

Systemic reform in Hong Kong is another area that draws parallels to the U.S., with post-September 11 developments affecting greater emphasis on areas such as customs regulation, corruption investigation, and intellectual property rights protection. With the increasing flow of cross-border of economic activity comes increasing importance on law enforcement and the need for transparency in the business structure, which Lew asserted that both Hong Kong and the mainland are committed to provide. China is changing dramatically, and as economic competition increases, Hong Kong will have to maintain a strong legal posture to encourage economic growth in the region.

Lew cited economic health as a strong measure of the future of Hong Kong. Despite its changing economic environment, Hong Kong's "vibrancy" and "entrepreneurial spirit" will ensure favorable developments in its legal system. Lew believed that as the Chinese government is both aware of and "open to change," such a transition will ensure that Hong Kong's economic and legal systems remain "healthy." As observers of the "one country, two systems" process, Hong Kong and China-watchers are indeed witnessing a unique progression of economic and legal transformation.

Click here for Current issues or other Past issues of Hong Kong Focus Newsletter.