Common law system in HK to remain after 1997
The following is issued on behalf of the Judiciary:
The continuation of the existing common law system in Hong Kong after 1997 is a striking manifestation of the one country two systems principle which underpins the Basic Law, the Acting Chief Justice, Mr Justice Power, said today (Sunday).
In delivering his welcoming speech at the Eighth International Conference of the Society for the Reform of the Criminal Law held in Hong Kong this evening, Mr Justice Power said, although Hong Kong would become a part of China after 1997, it would at the same time remain part of the great common law family.
Noting that the maintenance of Hong Kong's law and judicial system beyond 1997 is the most significant element for the future, Mr Justice Power said: "The system is guaranteed by the Basic Law for the Hong Kong Special Administrative Region."
Highlighting the key provisions of the Basic Law which relate to Hong Kong's law and courts, he said: "The common law system which has served Hong Kong so well for the past 150 years will remain. The courts will continue to exercise judicial power independently. The principle of trial by jury will remain.
"Judges will continue to enjoy immunity while performing their judicial office. They will continue to enjoy security of tenure - a prerequisite of the independence of the Judiciary."
Mr Justice Power said: "Judges will continue to be selected by an independent body which will look, as it does now, at their integrity and ability. Judges will continue to be recruited from other common law jurisdictions after 1997."
On criminal law enforcement in Hong Kong, Mr Justice Power said Hong Kong had an extraordinarily low level of crime -- lower than almost all other cities.
"The crime rate in 1993 fell to its lowest level in 10 years. Indeed our crime level is only one-tenth of that of an average large American city and this has been achieved in an urbanised, fast moving and cosmopolitan community," he concluded.
end/Sunday, December 4, 1994