THE LEGAL SYSTEM
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The Governor, acting with the advice and consent of the Legislative Council, has plenary powers to enact laws for the peace, order and good government of Hong Kong. Most of the legislation applicable in Hong Kong is, and has been since its earliest days, enacted in the form of ordinances or as subsidiary legislation made under an ordinance.
Until 1989, the laws of Hong Kong were published in a 32-volume compilation known as the Laws of Hong Kong. This was updated annually. A new loose-leaf edition of the Laws of Hong Kong is in the course of preparation and about one-third of the volumes have been issued. The new edition will be based upon the 1989 revised edition as amended by laws taking effect since and will be updated continuously. In addition, all new laws are published in the Hong Kong Government Gazette.
The Attorney General's Chambers are responsible for drafting new legislation in both Chinese and English, and translating existing legislation into Chinese. Both the Chinese and English texts are authentic versions of the laws. The first bilingual ordinance was enacted on April 13, 1989. Since then, all new principal legislation has been enacted bilingually. In October 1988 the government set up the Bilingual Laws Advisory Committee to advise on the publication of Chinese texts of existing ordinances. The committee examines Chinese texts prepared by the Law Drafting Division of the Attorney General's Chambers. If it approves them, it recommends the Governor in Council to declare those texts an authentic version of the laws. The first Chinese text of existing legislation was declared authentic in July 1992. Some 520 ordinances remain to be translated or authenticated.
Bill of Rights
Since 1976, the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR) have been extended to Hong Kong. The Joint Declaration guarantees that the provisions of the two covenants as applied to Hong Kong shall remain in force after 1997.
Until recently, the provisions of the ICCPR, like those of the ICESCR, were implemented in Hong Kong through a combination of common law, legislation and administrative measures. In view of the strong support in the community for the embodiment of basic civil and political rights in a justiciable Bill of Rights, the Hong Kong Bill of Rights Ordinance was enacted in June 1991. This ordinance gives effect in local law to the provisions of the ICCPR as applied to Hong Kong.
To complement the protection afforded by the Bill of Rights, the Letters Patent for Hong Kong have been amended so as to ensure that no law can be made in Hong Kong that restricts the rights and freedoms enjoyed in Hong Kong in a manner which is inconsistent with the ICCPR as applied to Hong Kong. The amendment came into operation at the same time as the Bill of Rights Ordinance.
Judiciary
The Chief Justice of Hong Kong is head of the Judiciary. He is assisted in his administrative duties by the Registrar, seven Deputy Registrars and one Assistant Registrar of the Supreme Court. The Assistant Registrar is designated Chief Magistrate.
The Judiciary operates on the principle, fundamental to the common law system, of complete independence from the executive and legislative branches of government. This