ENG-2007 — Page 64

28 | The Legal System

Law in the HKSAR

The laws in force in the HKSAR are:

(1) the Basic Law;

(2) national laws listed in Annex III to the Basic Law;

(3) the laws in force before July 1, 1997 that were adopted as laws of the

HKSAR by the NPC's Standing Committee; and

(4) laws enacted by the HKSAR's legislature.

National laws relating to defence and foreign affairs, as well as other matters outside the HKSAR's autonomy, may be applied locally by way of promulgation or legislation by the HKSAR. Currently, 12 national laws apply in the HKSAR.

All ordinances in force in the HKSAR are bilingual, and their Chinese and English texts are equally authentic. Those ordinances, and their subsidiary legislation, are published in both a hard-copy loose-leaf edition and on the Internet.

International treaties and agreements applying to the HKSAR

Under the Basic Law, multilateral treaties can apply to the HKSAR. There are approximately 229 such treaties. In certain areas, the HKSAR can conclude its own bilateral agreements and 156 such agreements have been concluded. Lists of these treaties and agreements are available on the Internet.

Court challenges under the Basic Law

Since July 1, 1997, Hong Kong has, for the first time, a detailed written. constitution. Litigants are able to base their arguments on provisions of the Basic Law, and challenge actions that they believe are inconsistent with them.

Legal challenges based on the Basic Law have been launched in a wide variety of cases. Constitutional challenges have included the right of abode in Hong Kong of various categories of persons, the right to use the Chinese language in courts, the freedom to travel and enter the HKSAR, the Court of Final Appeal's power of final adjudication, the right to legal representation and the freedom of speech and of assembly. The gradual development of a body of jurisprudence on the Basic Law reinforces its effectiveness in determining the rights, obligations, powers and privileges guaranteed to the people of Hong Kong.

Arbitration and Alternative Dispute Resolution

Arbitration in the HKSAR is governed by the Arbitration Ordinance, which provides a domestic regime derived from English law and for international arbitrations incorporates the Model Law adopted by the United Nations Commission on International Trade Law ('the UNCITRAL Model Law'). The Department of Justice has published a consultation paper on arbitration law reform which proposes to abolish the distinction between

between domestic and

domestic and international arbitrations and