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The Legal System

Under Article 158 of the Basic Law, the power of interpretation of the Basic Law is vested in the NPCSC. Hong Kong courts are authorised to interpret the Basic Law in adjudicating cases.

National laws that may be added to Annex III to the Basic Law by the NPCSC are confined to those relating to defence and foreign affairs, and other matters outside the HKSAR's autonomy.

The Chinese and English texts of the HKSAR's legislation are equally authentic. The Hong Kong e-Legislation website provides current and past versions of consolidated legislation dating back. to 30 June 1997 and copies of legislation marked 'verified copy' have legal status. The hard- copy loose-leaf edition of legislation is being phased out.

Continuation of Common Law System and Judicial System

The common law system has been maintained by the Basic Law since the PRC's resumption of the exercise of sovereignty over Hong Kong on 1 July 1997 through the continuation of the application of the laws previously in force in Hong Kong.

The judicial system previously practised in Hong Kong has been 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 exercising 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.

Judges, magistrates and other judicial officers are appointed by the Chief Executive on the recommendation of the independent Judicial Officers Recommendation Commission, which is chaired by the Chief Justice of the Court of Final Appeal, with the Secretary for Justice, two other judges, two persons from the legal profession and three lay persons as members. Under the Basic Law, judges shall be chosen on the basis of their judicial and professional qualities and may be appointed from other common law jurisdictions. The Basic Law also provides that judges may be removed from office only for inability to discharge their duties or for misbehaviour, on the recommendation of a tribunal appointed by the Chief Justice and consisting of at least three local judges. Articles 2 and 19 of the Basic Law provide that the HKSAR enjoys independent judicial power, including that of final adjudication, which is vested in the Court of Final Appeal under Article 82. Pursuant to Article 85 of the Basic Law, the HKSAR courts shall exercise judicial power independently, free from any interference.

Legal Protection for Rights of the Individual

Chapter III of the Basic Law prescribes the fundamental rights and duties of Hong Kong residents. Among others, Article 39 provides that the provisions of the International Covenant on Civil and Political Rights (ICCPR), the International Covenant on Economic, Social and Cultural Rights (ICESCR), and international labour conventions as applied to Hong Kong shall remain in force and shall be implemented through the laws of the HKSAR.

Protection against discrimination is provided for in the Sex Discrimination Ordinance, Disability Discrimination Ordinance, Family Status Discrimination Ordinance and Race Discrimination.

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