Legal conflicts

As an unprecedented policy, the implementation of "one country, two systems" is destined to be fraught. On paper, it is easy enough to stipulate that capitalism in Hong Kong and socialism on the mainland will co-exist, with each having its own economic, social, political and legal systems. But problems are bound to arise where the two sets of systems must inevitably interact, and they need to be solved by the best talents.

Nowhere have the conflicts been more evident than in the legal arena, where a number of constitutional law issues, such as the right of abode of children of permanent residents and the electoral rights of non-indigenous villagers, have arisen since the handover.

Hong Kong needs all the expertise it can get in this key area. The law school of the University of Hong Kong lost a constitutional law expert two years ago when an incumbent professor retired, and has now only Yash Ghai, Professor of Public Law. The professor is an eminent authority, and there are other staff as well to research and teach the subject. But questions have repeatedly been raised as to whether Hong Kong should not have many more teachers and researchers in this area.

Certainly, constitutional law issues will continue to crop up as the SAR marches further down the path of "one country, two systems". And Mr. Tong was right when he suggested that all participants should refrain from adopting a defensive mentality and not regard those who speak against the authorities' position as enemies of the state.

-- The South China Morning Post