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Chapter 2

The Legal System

'How Hong Kong can continue to shine as a place where justice is readily available, where the law provides the most sustainable infrastructure for our economy and the most competitive edge for attracting international investment, where ordinary people are mature enough to protect fundamental rights and freedoms by properly exercising them and respecting those enjoyed by others, will affect the long-term well-being of the SAR.' Secretary for Justice, Mr Wong Yan Lung, SC, at the Opening of the Legal Year on January 10, 2011.

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 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.

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.

Law in the HKSAR

The laws in force in the HKSAR are:

(a) the Basic Law;