ENG-1998 — Page 65

CHAPTER 3 THE LEGAL SYSTEM

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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 at the domestic level by the Basic Law - a law enacted by the National People's Congress (NPC) of the People's Republic of China (PRC) under Article 31 of the Chinese Constitution. Both documents guarantee the continuance of the legal system that was in place before China resumed the exercise of sovereignty over Hong Kong on July 1, 1997.

The first year after the reunification was a critical period for the legal system, and for the implementation of the Basic Law. History will record that Hong Kong's reunification with China was achieved smoothly, and that the legal system, the rule of law, human rights, and the independence of the judiciary have been fully maintained and protected.

Continuation of the Legal System

A central theme of the Joint Declaration and Basic Law is one of continuity. Common law principles, and nearly all the 600-odd ordinances that were in force before July 1, 1997, continue to apply in the HKSAR.

The ordinances require adaptation 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. This exercise is divided into two stages. The first stage was initiated in February 1997 by the Standing Committee of the NPC which laid down certain general principles of interpretation. These general principles provided, for example, that all references to the 'Governor' shall be construed as references to the 'Chief Executive'. The principles of interpretation were incorporated into the HKSAR's domestic law by means of the Hong Kong Reunification Ordinance in July 1997.

The second stage is now in progress, as the government introduces a series of bills that make the necessary textual amendments to ordinances. Since the reunification, six bills have been passed to adapt various provisions relating to matters such as Crown lands, nationality and merchant shipping. More will be introduced into the Legislative Council soon.

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