It has been 26 years since Hong Kong returned to the motherland, and during this time, Hong Kong society has undergone tremendous changes. We swapped out the colonial police uniforms and the servile term "YesSir" for the British. However, there is one remaining issue that remains unresolved to this day - Hong Kong judges still wear wigs that symbolize British colonial rule. Why is this? What kind of historical origins and entanglements of interests are hidden behind it?
The historical origins of Hong Kong's colonization by the British
Speaking of the historical origin of Hong Kong being colonized by the British, it can be described as a sad past. At that time, the Qing Dynasty regime was becoming increasingly corrupt and incompetent, the government and the opposition were in decline, and the national strength was declining. In such an environment, the treasure land of Hong Kong has become a target for the British to covet.
In 1839, due to the Qing government's severe crackdown on the opium trade, Britain took the opportunity to provoke the first Opium War. After the war, the Qing government was forced to sign the Treaty of Nanjing, ceding Hong Kong Island to the British. In 1860, the Second Opium War broke out again, and the Qing government was forced to sign the Treaty of Beijing after the defeat, ceding the Kowloon Peninsula to the British.
There are two reasons why Britain is so eager to occupy Hong Kong? First, Hong Kong Island is strategically located close to the hinterland of the Pearl River Delta and is an important gateway to the interior of southern China. The British occupation of Hong Kong allowed them to control the trade lifeline of South China. Second, Hong Kong Island has a superior natural environment, surrounded by the sea on all sides, and has a narrow terrain, which is easy to defend and difficult to attack, making it an excellent military fortress.
It can be said that Hong Kong's colonial rule by the British was entirely the result of the decadence and incompetence of the Qing Dynasty. At that time, the Qing government was no longer able to safeguard national sovereignty and territorial integrity, and allowed Britain to ambitiously occupy Hong Kong. It was not until 1997 when Hong Kong returned to the motherland that it was completely shaken off.
The British implemented a policy of assimilation in Hong Kong
Once they occupied the treasure of Hong Kong, the British would not let it go easily. In order to consolidate their rule in Hong Kong, they began to implement a series of assimilation policies, trying to completely assimilate Hong Kong into a British colony.
Educational assimilation was one of the important means of the British. They vigorously promoted British education in Hong Kong and established a large number of church schools. These schools not only teach English and Western cultural knowledge, but more importantly, instill British values in students. In this way, the British hope to cultivate a group of Hong Kong elites who identify with British culture and are loyal to the United Kingdom.
Another important policy pursued by the British in Hong Kong was judicial assimilation. They abolished the Qing dynasty legal system in Hong Kong and fully implemented the British legal system. From the content of the law to the trial procedure, from the judge's robe to the courtroom language, all of them were transplanted from the United Kingdom. The reason why the British are so obsessed with judicial assimilation is that they know that only by controlling Hong Kong's judicial system can they truly integrate Hong Kong into the British territory.
Under the assimilation policy of the British, Hong Kong society underwent a sea change. Under the influence of British education, generations of Hong Kong people have gradually lost their sense of nationality and their sense of identity with the motherland has become weaker and weaker. They identify more with Western culture and see Britain as their "homeland". Even in the second half of the 20th century, Hong Kong's judges still wore English robes, wigs that symbolized Britain, and used English to converse in court.
It can be said that the assimilation policy implemented by the British in Hong Kong was an attempt at cultural colonization. They tried to completely assimilate Hong Kong as part of Britain through two important channels: education and justice. Although it did not succeed in the end, this policy of assimilation caused deep trauma to Hong Kong society, and its effects continue to this day.
The origin of wigs worn by judges in Hong Kong
When it comes to the custom of Hong Kong judges wearing wigs, we have to start with France in the 17th century. At that time, King Louis XIII of France had to wear a wig in order to maintain a decent image due to severe hair loss. Unexpectedly, this practice set off a wave of wearing wigs in high society.
Louis XIII's approach soon spread to England. King Charles I of England was in exile in France at the time, and after seeing Louis XIII wearing a wig, he followed suit. When Charles I returned to power, he brought the practice back to England.
Originally, wearing wigs was also only a fashion for high society in the UK. But the practice was soon emulated and popularized by British judges. Because the cost of making a wig was too high for ordinary people to afford, wearing a wig soon became a sign of status for British judges.
Since then, the tradition of wearing wigs by British judges has been carried on. This tradition spread as Britain began to establish colonies around the world. As one of the most important British colonies, Hong Kong naturally inherited this custom.
In Hong Kong, the custom of judges wearing wigs dates back to the mid-19th century. At that time, Britain established a Supreme Court in Hong Kong and appointed the first Lord Chancellor, Sir John Walter Adams. Sir Adams, as a representative of British judges, naturally also wore a wig that symbolized status.
Since then, the tradition of wearing wigs by Hong Kong judges has continued and has become a distinctive symbol in the Hong Kong legal system. Even after Hong Kong's return to the motherland in 1997, the custom persisted and became a controversial legacy of Hong Kong's legal system.
On July 1, 1997, Hong Kong finally returned to the embrace of the motherland, freed from the century-old British colonial rule. On this day worth celebrating, the people of Hong Kong are all proud and looking forward to being masters again.
However, Hong Kong's post-handover judicial system has found itself in a difficult situation. According to the provisions of the Basic Law of the Hong Kong Special Administrative Region, Hong Kong will continue to uphold the previous common law system after the handover, and judges will continue to wear the wig, which symbolizes British colonial rule.
The introduction of this regulation is actually based on the judicial system and customs that have been formed in Hong Kong for a long time. During the period of British rule, Hong Kong completely transplanted and followed the English common law system, and the appointment and training of judges followed British standards. Therefore, at the beginning of Hong Kong's return to the motherland, in order to maintain social stability and avoid a huge vacuum in the judicial system, the original system could only be retained for the time being.
However, this practice also poses serious hidden dangers to Hong Kong's judicial independence. According to the Basic Law, Hong Kong courts can employ not only local judges, but also foreign judges. This means that there will continue to be a large number of judges in Hong Kong who are loyal to the UK, whose mindsets and values are deeply influenced by British legal culture.
What is more serious is that these foreign judges often hold important power and voice in Hong Kong's legal profession. They not only lead the appointment and training of judges, but also have a significant influence on the direction of Hong Kong's legal system. As a result, Hong Kong courts have long had the problem of "cultural colonization" and have been unable to truly achieve judicial independence.
This dilemma has not been fundamentally resolved for more than 20 years since Hong Kong's return to the motherland. Hong Kong judges still wear the wigs that symbolize British colonial rule, and there are still a large number of foreign judges loyal to Britain in the courts. This has not only affected Hong Kong's judicial fairness, but has also hindered the integration of Hong Kong's legal culture with the mainland of the motherland to a certain extent.
Faced with this dilemma in Hong Kong's judicial system, we must resolve to resolve it. After all, the rule of law is an important cornerstone for the orderly functioning of a society, and only when the judiciary is truly independent can Hong Kong's development be stable and far-reaching.
To get out of this predicament, we must first firmly grasp the initiative. After Hong Kong's return to the motherland, although the original judicial system has been retained to a certain extent, the dominant power has returned to the hands of the motherland. We are fully capable of gradually promoting the integration of Hong Kong's rule of law system with the legal culture of the motherland while upholding the rule of law.
Second, we must reinvent cultural self-confidence ideologically. For a long time, there has been a blind cult of British legal culture in Hong Kong's legal profession, and this cultural colonial mentality has been deeply rooted. We must rearm the hearts and minds of the people with the excellent traditional Chinese culture, so that Hong Kong legal professionals can regain their confidence in the legal culture of the motherland.
On this basis, we can take a series of concrete measures to gradually reform and improve Hong Kong's rule of law system. For example, we should intensify the training of local judges and gradually reduce their dependence on foreign judges, re-examine the old customs of judges wearing wigs and remove the colonial overtones from them, and strengthen exchanges between Hong Kong lawyers and the mainland legal profession to promote mutual understanding.
This is undoubtedly a long process that requires perseverance and step-by-step action. However, as long as we remain determined, we believe that one day, Hong Kong's rule of law system will completely shake off the haze of British colonial rule and truly become an integral part of the rule of law in the motherland.
By then, Hong Kong judges may never wear the wig that symbolized colonial rule again. In its place, the Chinese nation's cultural self-confidence and the spirit of the rule of law will be followed. On that day, the spring of Hong Kong's rule of law will finally come.