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.

    From Rebel to Ruler: One Hundred Years of the Chinese Communist Party

    Tony Saich, July 2021 

    Mao Zedong and the twelve other young men who founded the Chinese Communist Party in 1921 could hardly have imagined that less than thirty years later they would be rulers. On its hundredth anniversary, the party remains in command, leading a nation primed for global dominance.

    Tony Saich tells the authoritative, comprehensive story of the Chinese Communist Party—its rise to power against incredible odds, its struggle to consolidate rule and overcome self-inflicted disasters, and its thriving amid other communist parties’ collapse. Saich argues that the brutal Japanese invasion in the 1930s actually helped the party. As the Communists retreated into the countryside, they established themselves as the populist, grassroots alternative to the Nationalists, gaining the support they would need to triumph in the civil war. Once in power, however, the Communists faced the difficult task of learning how to rule. Saich examines the devastating economic consequences of Mao’s Great Leap Forward and the political chaos of the Cultural Revolution, as well as the party’s rebound under Deng Xiaoping’s reforms.

    Leninist systems are thought to be rigid, yet the Chinese Communist Party has proved adaptable. From Rebel to Ruler shows that the party owes its endurance to its flexibility. But is it nimble enough to realize Xi Jinping’s “China Dream”? Challenges are multiplying, as the growing middle class makes new demands on the state and the ideological retreat from communism draws the party further from its revolutionary roots. The legacy of the party may be secure, but its future is anything but guaranteed.

    Understanding CCP Resilience: Surveying Chinese Public Opinion Through Time
    Cunningham, Edward, Tony Saich, and Jessie Turiel. 2020. Understanding CCP Resilience: Surveying Chinese Public Opinion Through Time. Ash Center for Democratic Governance and Innovation. Read the full report Abstract

    Edward Cunningham, Tony Saich, and Jessie Turiel, July 2020

    This policy brief reviews the findings of the longest-running independent effort to track Chinese citizen satisfaction of government performance. China today is the world’s second largest economy and the Chinese Communist Party (CCP) has ruled for some seventy years. Yet long-term, publicly-available, and nationally-representative surveys in mainland China are so rare that it is difficult to know how ordinary Chinese citizens feel about their government.

    We find that first, since the start of the survey in 2003, Chinese citizen satisfaction with government has increased virtually across the board. From the impact of broad national policies to the conduct of local town officials, Chinese citizens rate the government as more capable and effective than ever before. Interestingly, more marginalized groups in poorer, inland regions are actually comparatively more likely to report increases in satisfaction. Second, the attitudes of Chinese citizens appear to respond (both positively and negatively) to real changes in their material well-being, which suggests that support could be undermined by the twin challenges of declining economic growth and a deteriorating natural environment.

    While the CCP is seemingly under no imminent threat of popular upheaval, it cannot take the support of its people for granted. Although state censorship and propaganda are widespread, our survey reveals that citizen perceptions of governmental performance respond most to real, measurable changes in individuals’ material well-being. For government leaders, this is a double-edged sword, as citizens who have grown accustomed to increases in living standards will expect such improvements to continue, and citizens who praise government officials for effective policies may indeed blame them when such policy failures affect them or their family members directly. While our survey reinforces narratives of CCP resilience, our data also point to specific areas in which citizen satisfaction could decline in today’s era of slowing economic growth and continued environmental degradation.

    Governance and Politics of China
    Saich, Tony. 2015. Governance and Politics of China . Palgrave Macmillan. Visit Publisher's Site Abstract
    This systematically revised fourth edition of the leading text on Chinese politics covers the major changes under Xi Jinping and Li Keqiang and their predecessors, and the recent attempts to restore Chinese Communist Party prestige and strengthen the role of the market in economic reforms whilst managing urbanization and addressing corruption.