ENG-2013 — Page 47

Chapter 2

The Legal System

'The common law system has served Hong Kong well in the past and will continue to do so in the future. The common law and its operation are ultimately founded on fairness and justice being administered for the benefit of the community and its people. - Chief Justice, Mr Geoffrey Ma, at the Ceremonial Opening of the Legal Year 2013

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 Basic Law

The constitutional framework of the HKSAR 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.

Since the establishment of the HKSAR, legal arguments based on the Basic Law have been raised in a wide variety of cases. The gradual development of a body of jurisprudence on the Basic Law reinforces its effectiveness in determining the rights, freedoms, powers and obligations guaranteed to the people of Hong Kong.

Continuation of the Legal System

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 1 July 1997.

The laws in force in Hong Kong before 1 July 1997 continue to apply in the HKSAR except for those which contravened the Basic Law. Some legislation was adapted to bring it into line with the Basic Law and to reflect Hong Kong's new status as a Special Administrative Region of the PRC.

The existing courts and tribunals were re-established on 1 July 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 1 July 1997. Furthermore,

23