Publications

    The Risks for International Business under the Hong Kong National Security Law

    Dennis W. H. Kwok and Elizabeth Donkervoort, July 2021 

    Hong Kong, a former British colony, has been a special administrative region of the People’s Republic of China (PRC) since 1997. The National People’s Congress promulgation of the Law of the People’s Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region (Hong Kong National Security Law, HK NSL) on June 30, 2020, has a substantial impact on Hong Kong’s constitutional structure known as “One Country, Two Systems.” Enshrined under the Basic Law (Hong Kong’s constitution under the Sino British Joint Declaration), One Country, Two Systems guaranteed that Hong Kong would exercise a high degree of autonomy—with its own political, economic, and legal systems—based on the rule of law. The HK NSL has been in operation for one year. This article analyzes the impact of the HK NSL on Hong Kong’s legal system and, in particular, its civil law jurisprudence. The article also explores the new legal risks and challenges international businesses face when dealing with PRC businesses or matters impinging on national security in mergers and acquisitions, commercial transactions, and civil disputes. These issues will be examined against the current geopolitical landscape and rising tensions between the PRC and other nations.

    David Dapice, May 2016  

    Kachin has just over 3% of Myanmar’s population but a much larger share of its natural resource wealth, notably in the form of large jade deposits and significant hydropower potential. Research findings indicate that currently most of that wealth is going to private and foreign interests, depriving both Kachin state and the nation of resources they need and should have. The author argues that if Myanmar is to remain united, grow stronger and richer, and attract the states so they wish to belong in the Union, it will be necessary to capture a fair share of this wealth and use it for nation-building purposes, especially in Kachin state. Options for sensible approaches to hydropower, jade revenue sharing, and the state’s development more generally are discussed.

    David J. Bulman, April 2016 

    Meritocratic promotions based on local economic achievements have enabled the Chinese Communist Party (CCP) to achieve not only economic growth, but also improvements in local governance, as local governments have implemented institutional reforms in pursuit of GDP growth. However, not all regions of the country have adopted GDP growth as the key priority; those that have instead prioritized social stability have experienced not only slower growth, but also worse local governance outcomes. These findings have important implications for the adaptability and resilience of the CCP.