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思想 #19
香港：解殖與回歸
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November 28, 2023
The laws and regulations of the Qing Dynasty were drafted in May of the third year of Shunzhi (1646), based on the "Ming Dynasty Code" and then modified. It was finalized after being revised by the Kangxi, Yongzheng and Qianlong dynasties. Later, the "Laws of the Qing Dynasty" were followed within the territory of the Qing Dynasty until the fall of the Qing Dynasty.
However, after Hong Kong was ceded to Britain, British Hong Kong did not have enough laws to resolve some legal disputes. Therefore, based on the British common law model prevailing in Hong Kong, some legal provisions in the Qing regulations are still in force in Hong Kong as common law. After the fall of the Qing Dynasty, some legal provisions of the "Qing Code" continued to be commonly used in British Hong Kong. It was not until 1971, when the last "Qing Code" article on marriage customs was replaced by the "Marriage Reform Ordinance" in Hong Kong, that the Qing Code completed its historical mission, which lasted 327 years.
This book admirably acknowledges the positive impact of British colonization on Hong Kong's historical development while also recognizing its limitations. One compelling argument highlights how without the influence of British colonialism, the Hong Kong courts might not have had the courage to resist the pressures exerted by the traditional elite Chinese class, who held onto feudal customs such as polygamy.
However, after Hong Kong was ceded to Britain, British Hong Kong did not have enough laws to resolve some legal disputes. Therefore, based on the British common law model prevailing in Hong Kong, some legal provisions in the Qing regulations are still in force in Hong Kong as common law. After the fall of the Qing Dynasty, some legal provisions of the "Qing Code" continued to be commonly used in British Hong Kong. It was not until 1971, when the last "Qing Code" article on marriage customs was replaced by the "Marriage Reform Ordinance" in Hong Kong, that the Qing Code completed its historical mission, which lasted 327 years.
This book admirably acknowledges the positive impact of British colonization on Hong Kong's historical development while also recognizing its limitations. One compelling argument highlights how without the influence of British colonialism, the Hong Kong courts might not have had the courage to resist the pressures exerted by the traditional elite Chinese class, who held onto feudal customs such as polygamy.
Displaying 1 of 1 review