ENG-1998 — Page 67

THE LEGAL SYSTEM

Council was lawfully established by the Preparatory Committee, and that the common law has survived the reunification.

The immigration legislation that introduced the certificate of entitlement scheme has also been challenged. To facilitate the orderly admission of Mainland-born children who have the right of abode in Hong Kong, the Immigration Ordinance was amended in July 1997 so that, before being admitted, persons who claim the right of abode in Hong Kong by descent must prove the facts on which their claim is based and have obtained a one-way exit permit from the Chinese authorities. Parents of more than 1 000 children claimed that such a scheme contravenes the Basic Law. The Court of First Instance and the Court of Appeal have upheld the constitutionality of the scheme, but the relevant decision is the subject of appeal to the Court of Final Appeal.

As more challenges based on the Basic Law are determined, and the Court of Final Appeal becomes involved in such cases, uncertainties will be removed and principles of interpretation will emerge. This will bring added strength and vigour to the Basic Law, and reinforce its effectiveness in determining the rights, obligations, powers and privileges guaranteed to the people of Hong Kong.

Arbitration and Alternative Dispute Resolution

Arbitration has been a popular method of dispute resolution in the HKSAR for some time. It is governed by the Arbitration Ordinance, which has two distinct regimes a domestic regime derived from English law and an international regime which includes the UNCITRAL Model Law, the model law adopted by the United Nations Commission on International Trade Law.

Awards made in the HKSAR can be enforced in more than 120 jurisdictions which are signatories to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. The HKSAR's membership has since July 1, 1997, been by virtue of the fact that the People's Republic of China is a signatory to the New York Convention and has applied it to Hong Kong.

The Hong Kong International Arbitration Centre (HKIAC) was established in 1985 to act as an independent and impartial focus for the development of all forms of dispute resolution in the HKSAR and Asia-Pacific. The HKIAC provides information on dispute resolution and arbitration both in the HKSAR and overseas. It operates panels of international and local arbitrators, and maintains lists of mediators. The HKIAC's premises are in Exchange Square in Central District, with 10 hearing and conference rooms and full support facilities. The number of cases involving the HKIAC has substantially increased in recent years. It is expected that there will be a further increase in such cases not only because of the increased popularity of arbitration and mediation as a means of dispute resolution but also because of the growth of the HKSAR as a regional dispute resolution centre.

The Secretary for Justice

The Secretary for Justice is the Chief Executive's legal adviser and a member of the Executive Council. She chairs the Law Reform Commission and a committee which was established to advise the government on the promotion of legal bilingualism. She is also a member of the Judicial Officers Recommendation Commission and the Operations Review Committee of the Independent Commission Against Corruption.

31