ENG-2006 — Page 55

Chapter 2

The Legal System

'The core values on which the governance of Hong Kong is based include the rule of law, an open and free society, an impartial administration, a level playing field, and the maintenance of international links. Hong Kong is fortunate also to possess a tried and tested legal system, which has its roots in the English common law, as this is crucial to the preservation of confidence in the way in which we conduct our affairs,' said the Secretary for Justice, Mr Wong Yan Lung, at the Third ICAC Symposium.

The legal system of the Hong Kong Special Administrative Region (HKSAR) differs from that of the Mainland, and is based on the common law.

The constitutional framework for the legal system is provided at the international level by the Sino-British Joint Declaration and at the domestic level by the Basic 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 the Joint Declaration and the Basic Law guarantee the continuance of the existing legal system after China resumed the exercise of sovereignty over Hong Kong on July 1, 1997.

Continuation of the legal system

Common law principles, and nearly all the ordinances that were in force before July 1, 1997, continue to apply in the HKSAR. Some ordinances required 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. Most of these ordinances have now been adapted and those that have not require further consideration of the policy issues involved.

The existing courts and tribunals were re-established on July 1, 1997 (though some were renamed). The Hong Kong Court of Final Appeal was established on that date and replaced the Judicial Committee of the Privy Council as the highest court of appeal for Hong Kong. All serving judges were reappointed by the HKSAR'S Chief Executive on July 1, 1997. All judicial proceedings that had been instituted before July 1, 1997 were continued by virtue of the Hong Kong Reunification Ordinance.

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