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Chapter 2

The Legal System

'Whether one is a long-term historical observer of Hong Kong or only of recent events here, there is one common feature: that Hong Kong has always faced challenges. In facing these challenges, Hong Kong has always regarded the existence of the rule of law to be crucial in providing the necessary stability amidst change. This is reflected in the Basic Law.

- Chief Justice Mr Geoffrey Ma Tao-li at the

Ceremonial Opening of the Court of Final Appeal

Building on 25 September 2015

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 ordinances were adapted 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.

The judicial system was maintained except for those changes consequent upon the establishment of the Hong Kong Court of Final Appeal on 1 July 1997, which replaced the Judicial Committee of the Privy Council as the appellate court possessing the power of final

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