HONG KONG SAR, CHINA Trends and Developments Contributed by: Angus Forsyth, Angus Forsyth & Co.
Art and Cultural Property Law in Hong Kong: An Introduction History of trading The prime purpose of the colonial settlement of Hong Kong by British merchant adventurers in 1841 was trade, which was actively promoted over the years and became enormously successful. Focus was placed not only on products made in South China being traded with Europe and the Americas, but also on a flourishing trade in raw opium into China. This trading system grew successfully, with foreign communities establishing themselves in various mari - time stations around the coast of China from bases in Hong Kong. Appreciation of the arts Following the Japanese occupation of Hong Kong between 1941 and 1945, the colonial establishment was immediately restored, with many turning their lei - sure activities to appreciation of the arts. In 1956, the Hong Kong government realised and acknowledged the development of cultural appreciation through the building of the city hall complex on the foreshore of north Hong Kong Island. This development consisted of a concert hall, an exhibition gallery and a high block on which the top two floors were designated as the Museum of Art. Antiquities and Monuments Ordinance In 1976, the Hong Kong government enacted the Antiquities and Monuments Ordinance, in response to the growth of cultural appreciation and the lack of any kind of protective structure around it. This was the first legislation in Hong Kong recognising the real - ity of cultural heritage and defining “antiquity” for the first time as “a relic” or a place or building, with or without structure erected, formed or built by human agency before 1800 and the ruins and remains of any such place, building, site or structure, whether or not such site had been modified, added to or restored after 1799. However, the driving force of preservation was confined to local Chinese relics, without any obvi - ous realisation or adoption of indigenous Hong Kong development in any form of art expression. Following the enactment of the Antiquities and Monu - ments Ordinance in 1976, local Hong Kong inhabit -
ants developed an interest in culture, leading to the government devoting funds to developing this new and fast-developing cultural demand through: • the establishment of a huge cultural centre with associated substantial Museum of Art; • the establishment of the Academy for Performing Arts; and • the construction and opening of physical entertain - ment and concert and sport event halls. This culminated in the establishment of the West Kow - loon Cultural District in the 2010s, comprising a green open space on the edge of the reclaimed land at the tip of the Kowloon Peninsula, upon which the con - struction of the M+ museum of modern Hong Kong and Chinese artworks, together with the construction of a Hong Kong branch of the Palace Museum in Bei - jing, supported by Mainland China, and a substantially increased focus on the Hong Kong Museum of Art all combined to establish an art cultural focus that had not previously existed in Hong Kong but that has now been securely established and is growing fast. Arts Centre The Development Bureau of the Hong Kong govern - ment established a Commissioner for Heritage to pre - serve the city’s heritage, using what were perceived as heritage buildings to establish a fully dedicated Arts Centre on what was always regarded as a deplorably small plot of land but nonetheless was provided by the government without charge. The building erected on this small plot was the first multi-functional arts forum in Hong Kong, including a cinema, a theatre, a large exhibition gallery, two small exhibition galleries and several floors of arts-related offices, which became a highly popular destination for arts enthusiasts of all kinds. Arts Development Council Ordinance In 1995, the Hong Kong legislature enacted the Arts Development Council Ordinance. The Government Secretariat encouraged the identification of Hong Kong residents from many artistic walks of life, lead - ing to an annual grant from the government to finance the arts development activities of the Arts Develop - ment Council. The Council was hugely successful and continues to be a highly responsive arts funder that
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