SOWK1001C Term Paper

Deadline: 23/4 (around 2500 words)

1. What is social justice? Do you think social justice is enshrined in Hong

Kong’s welfare system?
/
Hong kong welfare system:
/
Social Justice:
- a concept of fair and just relations between the individual and society.
- the process of ensuring that individuals fulfill their societal roles and receive what
was their due from society
- breaking of barriers for social mobility, the creation of safety nets and economic
justice.

Part 1: What is Social Justice?

As we can see Hong Kong have a large number of social conflicts and social
problems nowadays. Argument on whether social justice is enshrined in Hong Kong is
raised in many places. In the following I would like to briefly introduce what is social
justice and analyse whether social justice is enshrined in Hong Kong in different
perspectives.
Social is defined in many ways, one the most common way to define social justice
in social work perspective is that social justice is the just and equal bonding between
citizens and the society.

Problem raised by social justice

legitimacy of the justice system
not secured economic future
lack of job opportunities
inaccessible housing
Rich and poor gap widening (Gini Coefficient)
(Free market economy)
Enshrined or not? (Different perspectives)
Enshrined meaning:
preserve (a right, tradition, or idea) in a form that ensures it will be protected and
respected.

- YES
1. Robust legislative system (just and righteous)
- What is law?
Definition: A surpassing contract of a civilized society
- Why needed?
a. Protecting individual’s rights
b. Maintaining public order
c. Promoting social justice
(open, equitable, just) 3 principles
- Rule of law:
Dr. Benny Tai: 4 levels of rule of law
I. Existence of law
II. Regulation by law
III. Limitation from law
o Constitutional limitation
o Administrative limitation
o Judicial limitation
o Political limitation
o Social limitation
IV. Justice through law
o Procedural justice
o Civil rights justice
o Social justice
o Deliberative justice
- http://roleprojecthku.blogspot.hk/2012/12/rule-of-law-pyramid-by-
associate.html

2. Effective supervision system on governance effectiveness

Inside the system:
- Voting
- Complain
- Public counseling session
- Judicial review

Response by the government:

- Financial budget/governance report
- Public counseling session
- Special independent committee
- Supervising department

3. Political participation outside the political system is allowed in objectively a

large extent
- Protest, procession, and assembly are allowed with prior police permission
- Sharing and receiving thoughts through mass media or internet
- Joining political parties
Government response:
- Releasing information through mass media and internet
- Government officials joining community discussion forum
Use of political participation:
Social perspectives:
 Building a civil society
 Improve the governing effectiveness (quick, firm, accurate
response, sincerity of response ) by the government, can they
balance the benefits of different stakeholders
 Promote social justice
 Stimulate cohesion of public

Personal perspectives:
 Enhance living skills
 Improve ethnic identity

4. Comprehensive social welfare policies

5. Restricted power of the government

- Separation of powers: Legislation/executive/judicial

o Legislation: legislative council
o Executive: administrative officer, chief executive
o Judicial: independent committees
 - Advantages:
o To prevent the government to turn into autocracy
o Prevent legal system to be utilized as executive tools
o Help people to monitor the government and prevent its corruption that
violates social justice
o Stimulate the formation of society by the rule of law

Part 2: Social Justice enshrined in Hong Kong or not?

Hong Kong as an international city, social justice is a vital element for the society
to remain stable and just, as well as promoting the freedom and development in the
city. Considering from different perspectives, including perspectives in terms of
legislative system, supervision to government, political participation, social welfare
policies, and restriction to the power of government. It is shown that social justice is
enshrined in Hong Kong with a large extent.
Firstly, Hong Kong has a robust legal system with a firm basis. According to the
website information shown in the website of the HKSAR Department of Justice, since
the handover of Hong Kong back to China, Basic Law is established which has a
strong basis from common law under the principle of "one country, two systems" ().
The basic law act as a standard, uphold order, reduce conflicts, and guard the
liberties and rights of the society (), which allows the society to develop stably in the
future. Under basic law, there is a Chief Executive as the head of the HKSAR who is
responsible to the mainland Chinese government. The
- https://www.doj.gov.hk/eng/legal/
- http://www.businesslawbasics.com/chapter-3-purposes-and-functions-law-1
-