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Chapter 2

The Legal System

'The law must be accessible, intelligible, stable,

predictable and fair for the sustainable development of any society. In Hong Kong, our legal infrastructure is set out in the Basic Law. Our legislation is in plain language and accessible at the HKeL website. Our case law is also readily accessible to the public on the internet.' - Secretary for Justice, Ms Teresa Cheng Yeuk-wah, SC, at the ceremonial opening of the Legal Year 2020.

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

Basic Law

The HKSAR's constitutional framework is provided by the Basic Law, enacted by the National People's Congress (NPC) under Article 31 of the Constitution of the PRC.

Since the establishment of the HKSAR on 1 July 1997, the gradual development of a body of jurisprudence on the Basic Law has reinforced its effectiveness in determining the rights and freedoms guaranteed to the people of Hong Kong.

Law in HKSAR

As provided in Article 18 of the Basic Law, the laws in force in the HKSAR are:

⚫the Basic Law;

⚫ the laws previously in force in Hong Kong before 1 July 1997 (including the common law, rules of equity and customary law as well as statutory law as referred to in Article 8 of the Basic Law), other than those not adopted as laws of the HKSAR in accordance with the Decision by the NPC's Standing Committee (NPCSC) made under Article 160 of the Basic Law because they contravened the Basic Law;

• laws enacted by the HKSAR's legislature which, according to Article 11(2) of the Basic Law, shall not contravene the Basic Law; and

⚫ the national laws listed in Annex III to the Basic Law and as applied to the HKSAR by way

of promulgation or legislation.

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