Hong Kong Legal System Mr

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Presentation transcript:

Hong Kong Legal System Mr Hong Kong Legal System Mr. Stephen Hung Immediate Past President The Law Society of Hong Kong 26 October 2016 Copyright© 2016 The Law Society of Hong Kong. All Rights Reserved.

The Unique Features of Hong Kong’s Legal Systems 2

One Country Two Systems State Policy adopted by China for resumption of sovereignty over Hong Kong in 1997 Sino-British Joint Declaration, 1984 “Two Systems” within “One Country” Mainland China : Socialist System Hong Kong SAR : Capitalist System 3

Basic Law Constitutional document of the Hong Kong SAR. Prescribes in law important concepts of : “one country, two systems” “high degree of autonomy” “Hong Kong people ruling Hong Kong” 4

Hong Kong SAR – High Degree of Autonomy Includes : Practice of capitalism in HKSAR Executive, legislative and independent judicial power Common law system Official language: both English & Chinese Formulation of own monetary and financial policies Rights, freedoms & social policies Maintenance of law and order 5

“One Country Two Systems” – the Furthering of Hong Kong Strengths (I) Common Law System Independence of Judiciary Fundamental Rights and Freedoms Independent Legal Profession 6

“One Country Two Systems” – the Furthering of Hong Kong Strengths (II) Common Law System National Laws of Mainland China not applicable to HKSAR except as provided in the Basic Law Under the Basic Law, all laws previously in force in Hong Kong including the common law are maintained HKSAR Courts may refer to the precedents of other common law jurisdictions 7

“One Country Two Systems” – the Furthering of Hong Kong Strengths (III) Independence of Judiciary Independent judicial power – free from the influence of executive and legislative organs Court of Final Appeal : “Final Adjudication” Express provisions in Basic Law on the appointments and security of tenure of judges HKSAR judicial system has high international reputation 8

“One Country Two Systems” – the Furthering of Hong Kong Strengths (IV) Fundamental Rights and Freedoms Guaranteed under the Basic Law Hong Kong Bill of Rights (“BOR”) incorporates the provisions of International Covenant on Civil and Political Rights. BOR binds the Government and all public Authorities amenable to judicial review by the Court 9

“One Country Two Systems” – the Furthering of Hong Kong Strengths (V) An Independent Legal Profession The Basic Law guaranteed a strong and “independent” legal profession in the Hong Kong SAR Strengths of the Hong Kong Legal Profession 10

THANK YOU 11