Podcast Summary

Podcast: New Books Network

Episode: Yan-ho Lai, "Legal Resistance Under Authoritarianism: The Struggle for the Rule of Law in Hong Kong" (Amsterdam UP, 2025)
Host: Jane Richards
Guest: Yan-ho Lai (Eric Lai), Senior Fellow at the Center for Asian Law, Georgetown University
Date: December 16, 2025

Overview of Episode

This episode features a conversation between host Jane Richards and Yan-ho (Eric) Lai about his new book, Legal Resistance Under Authoritarianism: The Struggle for the Rule of Law in Hong Kong (Amsterdam UP, 2025). Lai explores the challenges faced by Hong Kong's legal professionals amid intensifying political interventions from Beijing and the gradual erosion of judicial independence. Drawing on years of fieldwork, interviews, and personal experience, Lai examines both the overt and subtle ways lawyers have resisted authoritarian encroachment and how these dynamics reflect broader tensions between local autonomy and China's global ambitions.

Key Discussion Points & Insights

1. Origins and Motivation for the Book

• Lai’s motivations stemmed from his experiences living through Hong Kong's recent political unrest and his commitment as a Hong Konger and legal academic. He began research in 2017, conducting fieldwork during the pivotal 2019 Anti-Extradition Bill protests.
• He observes that, “Lawyers, legal professionals in Hong Kong were becoming central characters in Hong Kong's political stories in the past decades.” (05:00)
• His academic interest was complemented by his personal connection, offering unique access and trust among interviewees.

2. Positionality and Access

• Lai highlights the importance of his identity as a Hong Konger in building rapport:
  • “Had I not been a Hongkonger, it would be very challenging for me to build trust to talk to my interviewees, especially those who are fully committed to the local community...” (06:10)
• Discusses the interplay between local issues and China's projection of soft power and global influence.

3. Rule of Law: Gradual Erosion, Not Sudden Collapse

• The erosion of rule of law predates the 2020 National Security Law; signs appeared as early as the British handover in 1997 through Beijing’s interventions and reinterpretations of the Basic Law.
  • “The erosion or the deterioration of the rule of law in Hong Kong is more gradual rather than a shock.” (12:55)
• Introduces the concept of Hong Kong as a city without sovereignty, highlighting the vulnerabilities created by such a status.

4. Legal Norms, Culture, and Professional Tensions

• Hong Kong’s legal culture is marked by tension between inherited common law values and the reality of operating under an authoritarian sovereign.
• “Lawyers’ attitude towards the state, towards the legal systems in Hong Kong is always mixed. On the one hand, they will say the legal system keeps them alive... But on the other, the lawyers will also be critical... when the system fail them.” (14:55)
• The tradition of legal apathy shifted post-2014 with the Umbrella Movement, awakening a generation of lawyers to the threat posed to their professional ideals and futures. (21:08)

5. Forms and Sites of Legal Resistance

• Lai details three main avenues of legal resistance:
  • Workplace: Lawyers defending rights within their firms or offices.
  • Protest Sites: Providing pro bono support to arrested demonstrators, educating the public on legal rights.
  • Professional Bodies: Contesting leadership elections in the Law Society and Bar Association to maintain autonomy.
• The strategic move towards institutional resistance post-2014 is significant:
  • “…some of them realized it's more important to have institutional support… Therefore, some of them decided to run for elections in the Law Society of Hong Kong, as well as in the Hong Kong Bar Associations…” (23:01)

6. Authoritarian Legal Transplantation

• A central contribution of the book is the notion of “authoritarian legal transplantation”—the process by which Beijing integrates elements of its legal-political order into Hong Kong, blending colonial legacies with authoritarian controls. (25:54)
• This includes both direct imposition of laws (like the National Security Law) and subtler strategies such as shaping professional norms and co-opting legal elites.

7. Challenges, Risks, and Methodology

• Lai’s fieldwork included 77 interviews across the legal community, relying on qualitative methods and snowball sampling (36:16).
• Emphasizes challenges of “emotional weight” and ongoing “risk assessment” to protect interviewees’ anonymity in a repressive climate:
  • “Risk assessment became my key concern at a later stage of my writing… I have been trying my best to anonymize them...” (39:29)
• Notes growing censorship and the importance of international academic publishers in circulating critical research (42:57).

8. Endurance and International Solidarity

• Despite setbacks, Lai remains hopeful, noting the ongoing efforts of lawyers, civil society, court journalists, and international legal organizations in keeping Hong Kong’s legal struggles in focus.
  • “We have seen there are many international legal organizations commenced to be focal about Hong Kong… International Bar association make a strong statement... Even the Law Society in the UK make a very robust commentary...” (54:07)
• Sees legal resistance as a long game, with the cultivation of rule of law culture outlasting temporary political setbacks.

9. Comparative Relevance and Lessons

• The Hong Kong experience is instructive for other common law jurisdictions under authoritarianism; Lai stresses that Hong Kong is not exceptional:
  • “There is a lot of non democratic regimes using common law system and Hong Kong is part of their family. So it would be very helpful for us to see more comprehensive perspective. Not to simply make Hong Kong exceptional, but also to make Hong Kong as a case that could help us to understand the developments of the common law under authoritarian regimes as well.” (61:27)
• He underscores the importance of professional autonomy, resilience, and legal professionals stepping beyond elite circles to engage the grassroots (57:28).

Notable Quotes & Memorable Moments

• On gradual decline:
  • “The erosion or the deterioration of the rule of law in Hong Kong is more gradual rather than a shock.” (12:55, Yan-ho Lai)
• On being an insider:
  • “Being an insider in the research subject in the field work also carries many advantages. It's more feasible and effective for them to build trust with the marginalized voices.” (33:35, Yan-ho Lai)
• On international support:
  • “…We have seen there are many international legal organizations commenced to be focal about Hong Kong… International Bar association make a strong statement. Even the Law Society in the UK make a very robust commentary…” (54:07, Yan-ho Lai)
• On resilience:
  • “It's really about defending or promoting a public understanding, a public commitment to different norms. And the stories they tell, the narratives they present is very, very important. And it's because they are also cultivating rule of law culture in Hong Kong. And without cultural foundations, any institutions would not stand long.” (51:10, Yan-ho Lai)
• On the book’s academic impact:
  • “I'm grateful that International University Press, academic publishers, they are still appreciating the value of publishing about sensitive topics from authoritarian regimes, from jurisdiction at risk. And they were eager to treat this publication from an academic credentials point of view rather than political calculus.” (43:17, Yan-ho Lai)

Timestamps for Key Segments

• [02:28] — Author’s background and personal motivations
• [06:05] — On positionality and trust with interviewees
• [09:11] — Definition and context of rule of law erosion
• [14:37] — Hong Kong’s legal norms and professional culture
• [21:07] — Lawyers’ resistance: professional crossroads and the Umbrella Movement
• [25:54] — Authoritarian legal transplantation explained
• [36:16] — Methodology and protecting interviewees
• [39:29] — Emotional, ethical, and risk management challenges
• [42:57] — Challenges in academic freedom and publication
• [46:12] — Three sites of resistance
• [52:20] — Hope and prognosis for the rule of law
• [55:59] — Comparative insights and international relevance
• [57:28] — Lessons for listeners (professional autonomy, engagement)
• [61:27] — Hong Kong’s experience in comparative context

Takeaways

• Hong Kong’s legal professionals are at the center of a unique and evolving struggle against authoritarian encroachment, with the erosion of autonomy occurring through both direct interventions and subtle reengineering of legal culture.
• Lawyers’ resistance takes multiple forms—courtroom defense, pro bono activism, and institutional engagement—highlighting both the strength and limitations of professional autonomy under pressure.
• Hong Kong serves as a vital case study for global observers, especially as similar dynamics play out in other jurisdictions with common law legacies but non-democratic governance.

Next Steps / Further Research

• Lai continues researching comparative aspects of national security laws and their impacts on legal systems and civil society, seeking broader lessons for resisting authoritarian legal transplantation in Asia and beyond.

Host’s final words:
“I think that's a really important takeaway, actually, you know, making sure our attention does stay on Hong Kong notwithstanding... it is important to, you know, keep this focus and keep this momentum.” (55:33)

Guest: Yan-ho Lai (Eric Lai), Legal Resistance Under Authoritarianism: The Struggle for the Rule of Law in Hong Kong (Amsterdam UP, 2025).
Interviewed by: Jane Richards, New Books Network in Law.