ENG-1997 — Page 67

THE LEGAL SYSTEM

In February 1997, the Standing Committee of the National People's Congress, acting under Article 160 of the Basic Law, adopted all the laws previously in force, save for 24 Ordinances which were found (in whole or in part) to contravene the Basic Law. This means that the common law principles, and nearly all the 600-odd Ordinances, that were previously in force, continue to apply in the HKSAR.

The continuity of the judicial system was achieved by the establishment on July 1, 1997, of the Hong Kong Court of Final Appeal which replaced the Judicial Committee of the Privy Council (an English court) as the highest court of appeal and by the re-establishment of other courts and tribunals that were previously in existence. All judges who were in service immediately before the resumption of sovereignty were re-appointed by the Chief Executive. These re-appointments were made in accordance with the recommendations of an independent commission - the Judicial Officers Recommendation Commission.

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The continuity of the legal and judicial systems was further underpinned by the Hong Kong Reunification Ordinance, which provided for:

(1) the continuance of laws previously in force which have been adopted as laws of the HKSAR and their interpretation in a manner that does not contravene the Basic Law and is in conformity with the status of Hong Kong as a Special Administrative Region of the People's Republic of China;

(2) the continuance of legal proceedings, the criminal justice system and the

administration of justice; and

(3) the continuing validity of official acts and documents.

Law in the HKSAR

The laws in force in the HKSAR are:

(1) the Basic Law,

(2) national laws listed in, or added to, Annex III to the Basic Law,

(3) the laws previously in force (i.e. before the resumption of sovereignty) that were adopted as laws of the HKSAR by the Standing Committee of the National People's Congress, and

(4) laws enacted by the legislature of the HKSAR (known as Ordinances).

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 Special Administrative Region. At December 31, 1997, 10 national laws had been promulgated by the Chief Executive.

Legislative power is vested in the HKSAR and the power to enact, amend or repeal laws shall be exercised by the Legislative Council. The first Legislative Council of the HKSAR will be elected in May 1998. Meanwhile, the Provisional Legislative Council was established by the Preparatory Committee for the HKSAR of the People's Republic of China to make legislation essential for the normal operation of 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, which

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