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HONG KONG
Xianggang Tebie Xingzhengqu (Hong Kong Special Administrative Region)
I. REGION PROFILE (Common Law)
The People's Republic of China resumed sovereignty over Hong Kong on July 1, 1997.
Under the “One Country, Two Systems” principle, China’s system and policies are not practiced
in the Hong Kong Special Administrative Region, and Hong Kong’s existing system is to remain
unchanged until 2047. The Chinese Government is, however, responsible for Hong Kong’s
defense and foreign affairs. The official languages of Hong Kong are Chinese and English.
Hong Kong’s legal system is based on the common law tradition.
The Basic Law is Hong Kong’s constitutional document. The Basic Law took effect on
July 1, 1997.
Executive power is vested in the Government of Hong Kong. The Government is headed
by the Chief Executive. The Executive Council assists the Chief Executive in formulating policy.
The Government is organized into the Government Secretariat and departments. The
Government Secretariat formulates policies and initiates legislative proposals. Departments
implement laws and policies and provide direct services to the public.
Legislative power is vested in the Legislative Council. The Legislative Council enacts
legislation, approves public expenditures, and monitors the performance of the Government.
The vast majority of statutory law is made locally and contained in the Laws of Hong Kong. A
great deal of legislation is made under delegated powers. This is called subsidiary legislation.
For example, an ordinance may delegate to the Chief Executive in Council (the Chief Executive
with the advice of the Executive Council) the power to implement a legislative scheme.
Judicial power is vested in an independent Judiciary. The Judiciary consists of the Court
of Final Appeal, the High Court (which comprises the Court of Appeal and the Court of First
Instance), the District Court, the Magistrate’s Court, the Coroner’s Court, and the Juvenile Court.
In addition, there are a number of tribunals which have special jurisdiction to adjudicate disputes
relating to specific, defined areas. These include the Lands Tribunal, the Labor Tribunal, the
Small Claims Tribunal, and the Obscene Articles Tribunal.
The Court of Final Appeal has the power of final adjudication. The Chief Justice of the
Court of Final Appeal is the head of the Judiciary, both in a judicial and an administrative sense.
He is assisted on the administrative support side by a Judiciary Administrator. On the judicial
side, the courts are presided over by judges with professional legal qualifications and experience
from both Hong Kong and other common law jurisdictions. Some senior judges are recruited
from amongst eminent local barristers, while others are promoted from within the Judiciary or
from senior posts in the Department of Justice. In addition, there are Registrars and Deputy
Registrars who relieve the judges of much “chambers” work (i.e., the work done before, after, or
instead of full court proceedings).
Internet Resources:
Legislative Council Annual Report
http://www.legco.gov.hk/index.htm
Hong Kong Law Reform Commission
http://www.info.gov.hk/hkreform
The Hong Kong Government
http://library.ust.hk/guides/legal/hkgazsupp.
html
The Hong Kong Government Gazette
http://www.gld.gov.hk/cgibin/gld/egazette/index.cgi?lang=e&agree=0
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