THE LEGAL SYSTEM
adapted. The ordinances that have not yet been adapted require further deliberations on both the legal and policy issues involved.
The continuity of the judicial system was achieved by the re-establishment of all courts and tribunals that were previously in existence (though some were renamed) and by the establishment on July 1, 1997, of the Hong Kong Court of Final Appeal which replaced the Judicial Committee of the Privy Council as the highest court of appeal for Hong Kong. All judges who were in service immediately before the reunification were reappointed by the Chief Executive. These reappointments were made in accordance with the recommendations of an independent commission - the Judicial Officers Recommendation Commission. All judicial proceedings that were instituted before the resumption of sovereignty were continued by virtue of the Hong Kong Reunification Ordinance.
Law in the HKSAR
The laws in force in the HKSAR are:
national laws listed in Annex III to the Basic Law:
(1)
the Basic Law;
(2)
(3)
(4)
the laws in force before July 1, 1997, that were adopted as laws of the HKSAR by the Standing Committee of the NPC; and
laws enacted by the legislature of the HKSAR.
National laws relating to defence and foreign affairs as well as other matters outside the limits of the autonomy of the HKSAR may be applied locally by way of promulgation or legislation by the HKSAR. Currently, 11 national laws apply in the HKSAR.
All ordinances in force in the HKSAR are bilingual, and their Chinese and English texts are equally authentic. Those ordinances, and the subsidiary legislation made under them, are published in the loose-leaf edition of the Laws of Hong Kong and are accessible on the Internet. All new legislation is published in the Government Gazette. The Law Drafting Division of the Department of Justice is responsible for drafting legislation in both official languages. It also keeps a bilingual legal glossary in a database that has about 30 000 entries. An English-Chinese glossary of legal and relevant terms appearing in legislation is published from time to time in booklet form. The third edition, containing about 30 000 entries, was published in September 1998. A Chinese-English Glossary of Legal Terms was published in December 1999. It contains about 11 500 entries.
Court Challenges Under the Basic Law
Since the Basic Law came into operation on July 1, 1997, Hong Kong has, for the first time, a detailed written constitution which is the most fundamental piece of law that the Hong Kong courts and judges have to apply, uphold and interpret. Litigants are able to base their arguments on provisions of the Basic Law, and challenge actions that they believe are inconsistent with them.
Legal challenges based on the Basic Law were launched immediately after the SAR courts commenced operation following a two-day holiday celebrating Hong Kong's reunification with China. The Court of Appeal, in a landmark case in July 1997, unanimously held that the Provisional Legislative Council was lawfully established by the Preparatory Committee, and that the common law had survived the reunification.
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