32 The Legal System
Law in the HKSAR
The laws in force in the HKSAR are:
(1) the Basic Law;
(2) national laws listed in Annex III to the Basic Law;
(3) the laws in force before July 1, 1997 that were adopted as laws of the HKSAR by the NPC's Standing Committee (including the common law, rules of equity and customary law as well as statutory law); and
(4) laws enacted by the HKSAR's legislature.
National laws relating to defence and foreign affairs, as well as other matters outside the HKSAR's autonomy, may be applied locally by way of promulgation or legislation by the HKSAR. Currently, 12 national laws apply in the HKSAR.
All ordinances in force in the HKSAR are bilingual, and their Chinese and English texts are equally authentic. All legislation is published in both a hard-copy loose-leaf edition and on the internet.
International treaties and agreements applying to the HKSAR
Under the Basic Law, multilateral treaties can apply to the HKSAR. There are approximately 240 such treaties. In certain areas, the HKSAR can conclude its own bilateral agreements and 189 such agreements have been concluded. Lists of these treaties and agreements and the English texts of the agreements are available on the internet.
Court challenges under the Basic Law
Since July 1, 1997, Hong Kong has, for the first time, a detailed written constitution. 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 have been launched in a wide variety of cases. Constitutional challenges have included the right of abode in Hong Kong of various categories of persons, the right to use the Chinese language in courts, the freedom to travel and enter the HKSAR, the Court of Final Appeal's power of final adjudication, the right to legal representation and the freedom of speech and of assembly. The gradual development of a body of jurisprudence on the Basic Law reinforces its effectiveness in determining the rights, obligations, powers and privileges guaranteed to the people of Hong Kong.
Arbitration and Alternative Dispute Resolution
Arbitration in the HKSAR is governed by the Arbitration Ordinance, which was amended in November 2010 to introduce a unified arbitration regime for both domestic and international arbitrations based on the Model Law adopted by the United Nations Commission on International Trade Law ('the UNCITRAL Model Law').