Tai Benny, Scott Veitch, Fu Hualing, and Richard Cullen. “Pursuing Democracy In An Authoritarian State: Protest And The Rule Of Law In Hong Kong.” Social & Legal Studies, vol. 29, no. 1 (2020): 107-145.
This article examines the Occupy Central (OC) trial in Hong Kong as a pivotal moment in the legal and political struggle against authoritarian backsliding. It centers on legal academic and barrister Benny Tai, one of nine civil disobedience leaders prosecuted in 2018–2019 for their role in the 2014 pro-democracy movement. Through courtroom arguments, empirical research, and public legal discourse, Tai defended civil disobedience as a constitutional necessity under conditions where legal and institutional pathways had failed. His appeal to the rule of law—not as formal legality, but as a moral and democratic principle—highlights the central role attorneys play in contesting authoritarianism from within the legal system.
Framed by Hong Kong’s unique position under Chinese sovereignty, the article reveals how lawyers can use legal theory, litigation, and public engagement to uphold democratic values amid authoritarian encroachment. The contributions by scholars Fu Hualing and Richard Cullen underscore the broader legal-political implications of the OC movement, emphasizing the role of legal professionals in negotiating the boundaries of dissent, national security, and constitutional interpretation.