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CHAPTER 4

THE LEGAL SYSTEM

THE legal system of the Hong Kong Special Administrative Region (HKSAR) is firmly based on the rule of law and the independence of the judiciary. Under the principle of 'one country, two systems', the HKSAR legal system is different from that of the Mainland, and is based on the common law.

The constitutional framework for the legal system is provided for, at the international level, by the Sino-British Joint Declaration, which was signed in December 1984. It is provided for at the domestic level by the Basic Law - a law enacted by the National People's Congress of the People's Republic of China under Article 31 of the Chinese Constitution. Both documents guarantee the continuance of the legal system that was in place before the resumption of sovereignty on July 1, 1997.

Article 8 of the Basic Law provides that:

'The laws previously in force in Hong Kong, that is, the common law, rules of equity, ordinances, subordinate legislation and customary law shall be maintained, except for any that contravene this Law, and subject to any amendment by the legislature of the Hong Kong Special Administrative Region.'

There are also specific guarantees in the Joint Declaration and Basic Law relating to the legal system, including:

⚫ an independent judiciary with security of tenure,

⚫ the use of the English language, in addition to Chinese, in the Courts,

• reliance on precedents from other common law jurisdictions,

⚫ an independent public prosecution service,

•

⚫ the continuing ability of overseas lawyers and law firms to practise in Hong

Kong,

• a Hong Kong-based Court of Final Appeal,

• a requirement that the International Covenant on Civil and Political Rights as applied to Hong Kong shall remain in force and shall be implemented through the laws of the HKSAR.

The resumption of sovereignty

The resumption of sovereignty was achieved on July 1, 1997, without any prejudice to the continuity of the legal or judicial systems.