260
Language
CONSTITUTION AND ADMINISTRATION
Chinese and English are the two official languages of Hong Kong. English is widely used in the fields of commerce, banking and international trade. In daily life, however, Chinese is very widely used. Cantonese, a South China dialect, is spoken by the majority of the Chinese community. Putonghua (Mandarin) and a number of other Chinese dialects are understood by a limited number of people. Other foreign languages used by the mercantile community or tourists are not widely understood, though trained interpreters speaking Japanese and some European languages are available.
The Legal System
Law in Hong Kong
Generally speaking, the law of Hong Kong follows that of England and Wales. The Application of English Law Ordinance was passed in 1966 to declare the extent to which English law is in force in the territory. Section 3 provides that the common law of England and the rules of equity shall be in force in Hong Kong so far as they are applicable to the circumstances of Hong Kong or its inhabitants subject to such modifications as such circumstances may require. Additionally, some English Acts apply to Hong Kong, such as the Justices of the Peace Act of 1361 and the Habeas Corpus Act of 1679.
On occasions, laws are made to apply to Hong Kong by order of Her Majesty in Council: the power to make all such law as may appear necessary for the peace, order and good government of the territory being expressly preserved by Article IX of the Letters Patent. In practice, this is largely confined to matters which have a bearing on Hong Kong's international position. For example, the Air Navigation (Overseas Territories) Order 1977 is an Order in Council applying provisions of civil aviation treaties, to which the United Kingdom is a party, to the United Kingdom's overseas territories including Hong Kong.
Local legislation (that is, ordinances passed by the Legislative Council and assented to by the Governor) usually starts with one of the policy branches of the Hong Kong Government formulating drafting instructions for the Drafting Division of the Attorney General's Chambers. The instructions are prepared after consultation within the relevant government departments and, if appropriate, with interested public groups, as to the policy to adopt. After a Bill has been drafted it is submitted to the Governor-in-Council for approval to submit it to the Legislative Council. If the Bill is passed by vote of the Legislative Council, the Governor is empowered to enact by giving his assent to it and it is passed into law.
In much the same way that the common law of England has evolved, so has that of Hong Kong, based on the English common law and rules of equity, following and applying local ordinances and English or United Kingdom Acts where applicable. Hong Kong ordinances are often closely modelled on United Kingdom statutes or the legislation of Common- wealth countries if considered more appropriate. Cases from Commonwealth countries and the United States of America are quoted in the courts and considered with respect. The Hong Kong courts apply a doctrine of binding precedent similar to that adopted by the English courts. The Hong Kong Court of Appeal is bound by its own previous decisions. Appeal from the Court of Appeal lies to the Privy Council and it was said in a Full Court case in 1969 that the Hong Kong courts were 'clearly bound by decisions of the Privy Council and of the House of Lords'. The Full Court again considered the question of precedent in 1973 and stated that 'any relevant decision of the Privy Council' was binding on the Hong Kong courts.
Page 345Page 346