38
3
THE LEGAL SYSTEM
THE legal system in Hong Kong is firmly based on the rule of law and the independence of the judiciary.
Capital punishment was formally abolished in April and was replaced by the mandatory sentence of life imprisonment for murder, and discretionary maximum sentences of life imprisonment in the case of treason and piracy. Since 1966, all sentences of death had been commuted to imprisonment for life or for determinate terms by exercise of the Royal Prerogative.
- The body of local jurisprudence in respect of the Hong Kong Bill of Rights Ordinance continued to grow during the year, almost exclusively in relation to the criminal law. A decision of the Privy Council in May, on appeal from the Hong Kong Court of Appeal, provided guidance on when it may be appropriate to place an onus of proof on an accused person.
The Sino-British Joint Declaration on the Question of Hong Kong and the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China provide that the present judicial system will be maintained after 1997, except for those changes consequent upon the establishment of the Court of Final Appeal (CFA). At the 20th meeting of the Sino-British Joint Liaison Group in September 1991, the two sides reached agreement in principle on the establishment of the CFA. Action is in hand to establish the CFA before 1997 to replace the Judicial Committee of the Privy Council as Hong Kong's highest appellate body.
Law in Hong Kong
The law of Hong Kong generally follows that of England. The Application of English Law Ordinance declares the extent to which English law is in force in the territory. The ordinance provides that the common law of England and the rules of equity shall be in force in the territory so far as they are applicable to the circumstances of Hong Kong or its inhabitants, subject to such modifications as circumstances may require. The ordinance applies some English Acts, such as the Habeas Corpus Act 1816, to Hong Kong.
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 the territory is, and has been since its earliest days, enacted in the form of ordinances or as subsidiary legislation made under an ordinance.