NEGOTIATING HAN-CHINESE LEGAL CULTURE: POSTCOLONIAL GENDER POLITICAL DISCOURSE ON HONG KONG'S SMALL HOUSE POLICY

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Abstract:

The (male) indigenous inhabitants of New Territories, Hong Kong, always claim that small house policy is the illustration of Han-Chinese culture, and hence must be entrenched by the colonial common law system, even though it discriminates against women and violates Sex Discrimination Ordinance. The article argues that customary laws, including small house policy, in fact fail to resist the legal colonialism and preserve the 'authentic' Han-Chinese culture. On the contrary, spaces of resistance could be explored within customary law from a postcolonial philosophical perspective where foreign ideology (like Buddhism) can be accommodated and gender equality can be fulfilled and realised.

Keywords: Buddhism; Confucianism; Daoism; Han-Chinese legal culture; Small house policy; gender equality; postcolonialism

Document Type: Research Article

Publication date: January 1, 2006

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  • Until 2007 the King's Law Journal was known as the King's College Law Journal. It was established in 1990 as a legal periodical publishing scholarly and authoritative Articles, Notes and Reports on legal issues of current importance to both academic research and legal practice. It has a national and international readership, and publishes refereed contributions from authors across the United Kingdom, from continental Europe and further afield (particularly Commonwealth countries and USA). The journal includes a Reviews section containing critical notices of recently published books.
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