ENG-2018 — Page 56

Chapter 2

The Legal System

'Decisions to prosecute or not, as the case may be, must be based on an objective and professional assessment of the available evidence and the law and be in accordance with the published

Prosecution Code. Politics can have no role to play in such decisions.' - Secretary for Justice, Ms Teresa Cheng Yeuk-wah, SC, at the ceremonial opening of the Legal Year 2018 on 8 January 2018

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

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 Constitution of the PRC.

Since the establishment of the HKSAR, the gradual development of a body of jurisprudence on the Basic Law has been reinforcing its effectiveness in determining the rights and freedoms guaranteed to the people of Hong Kong.

Continuation of Legal System

The Basic Law guarantees the continuance of the common law 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 or are amended by the HKSAR's legislature. 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 adjudication for Hong Kong. Pursuant to the Basic Law, judges from other common law jurisdictions have been invited to sit on the Court of Final Appeal since 1 July 1997.

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