Chapter 2
The Legal System
'Last year, I focused on the essence - or heart - of
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Hong Kong's system of law. I called it the integrity of the law.
It is worth repeating the salient features of this integrity:
a truly independent judiciary, judges who look no further than the proper application of the law both in letter and in spirit, and the importance of ensuring transparency in all that the courts do in order to demonstrate the integrity of the law.' - Chief Justice, Mr Geoffrey Ma,
at the Ceremonial Opening of the Legal Year 2014
The legal system of the Hong Kong Special Administrative Region (HKSAR) differs from that of the Mainland, and is based on the common law.
The Basic Law
The constitutional framework of the HKSAR is provided by the Basic Law, enacted by the National People's Congress (NPC) of the People's Republic of China (PRC) under Article 31 of the Chinese Constitution.
Since the establishment of the HKSAR, legal arguments based on the Basic Law have been raised in a wide variety of cases. The gradual development of a body of jurisprudence on the Basic Law reinforces its effectiveness in determining the rights, freedoms, powers and obligations guaranteed to the people of Hong Kong.
Continuation of the Legal System
Both the Joint Declaration and the Basic Law guarantee the continuance of the existing legal system after China resumed the exercise of sovereignty over Hong Kong on 1 July 1997.
The laws in force in Hong Kong before 1 July 1997 continue to apply in the HKSAR except for those which contravened the Basic Law. Some ordinances were adapted to bring them into line with the Basic Law and to reflect Hong Kong's new status as a Special Administrative Region of the PRC.
The judicial system was maintained except for those changes consequent upon the establishment of the Hong Kong Court of Final Appeal on 1 July 1997, which replaced the Judicial Committee of the Privy Council as the highest court of appeal for Hong Kong. The existing courts and tribunals were re-established (though some were renamed) and all serving
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