Author
Prof Daniel Pascoe
Organisation/Institution
City University of Hong Kong, School of Law
Country
HONG KONG (SAR OF CHINA)
Panel
Criminal Law
Title
Lost in Translation: Ethnic Minorities in the Hong Kong Courtroom
Abstract
This paper presents the findings of a long-term ethnographic study on the experiences of ethnic minorities in the criminal courts of Hong Kong. Ethnic minorities play a crucial role in Hong Kong's identity as 'Asia's World City' and its reputation for cosmopolitanism, positioned at the crossroads of Mainland China, the former British Empire with its common law system, Southeast Asia, and the global financial system-a unique blend of 'East meets West' (Tam et al., 2015). However, beneath this rhetoric, ethnic minorities often experience a lack of belonging in Hong Kong. Sautman (2004) has even described Hong Kong as a 'semi-ethnocracy,' while Law and Lee (2012) refer to this as the 'myth of multiculturalism' in Hong Kong. Within Hong Kong's institutional framework, the courts are widely seen as bastions of equality and justice, where individuals should be treated equally regardless of ethnicity (Pascoe and Tomassetti, 2024). The stakes for achieving this ideal are particularly high in the criminal courts compared to civil courts, even though certain types of civil cases might involve a higher number of ethnic minority litigants, such as Labour Tribunal claims and asylum claims. This study, based on 18 months of ethnographic and interview-based fieldwork conducted by the author and several research assistants, uncovers three key themes in criminal court cases involving ethnic minority participants. First, it questions who is considered an 'ethnic minority' in Chinese-majority, Cantonese-speaking Hong Kong. Second, it highlights the significant role of live foreign language interpretation in Hong Kong courtrooms. Third, it identifies crucial ethnic differences in Hong Kong's 'shaming' culture and in perceptions of just outcomes in criminal cases. Each of these three findings speak to the 'myth of multiculturalism' and call into question the role of the criminal courts in perpetuating ethnic-based disadvantage in Hong Kong.
Biography
Born in Canberra, Australia, Daniel studied law and Asian studies at the Australian National University before working for short periods at the NSW-ACT Aboriginal Legal Service and the ACT Government Solicitor. In 2008, Daniel moved to the United Kingdom where he was Keith Murray Graduate Scholar at Lincoln College, Oxford, reading for an MPhil and a DPhil. Daniel joined CityU in January 2014 as Assistant Professor and was promoted to Associate Professor in July 2020. Daniel’s research focuses on criminal law and punishment in comparative perspective, also extending to Southeast Asian law, Islamic law and legal pedagogy. He is available for research collaborations, media commentary and PhD supervision in these and related areas.
