Law and justice in hong kong offers readers an accessible and updated account of the legal system of hong kong, the only common law jurisdiction in east asia. Under the basic law of hong kong, it exercises the judicial power of the region and is independent of the executive and. The legal system of hong kong 2010 hong kong blue dragon asia. Monetary system the aim of hong kongs monetary policy is to maintain currency stability. Hong kong is a founding member of the wto and has been participating actively in its activities. The legal system in hong kong leans to favour the business environment by providing fair business surroundings at all times. Hong kong and the unprecedented transfer of sovereignty symposium. The provision of pro bono services is often seen as secondary to the governmentfunded legal aid system in hong kong. Two types of bills article 625 of the basic law provides that the government of the hong kong special administrative region has the powers and. Nonetheless, the sinobritish joint declaration and the basic law provide that hong kong s existing legal system shall continue after china assumes sovereignty over hong kong in 1997. Pdf law and justice in hong kong, third edition researchgate. Information based on the departmental publication legal system in hong kong printed in 2008. It is fundamental to the hong kong legal system that members of the judiciary are independent of the executive and legislative branches.
By contrast, the english system can be described as a legislativesystem with occasional important adaptations by the courts. The proposed changes to hong kongs extradition laws could create serious risks for u. Free access to html textbooks is now available again and is being offered direct to higher education institutions. Tran a803bf hong kong legal system and legal english. The legal system it has often been said that if hong kong people have a defining ideology, it is the rule of law. Under the principle of one country, two systems enshrined in the basic law, hong kong enjoys high degree of autonomy from the mainland china. Hong kong s legal system misused and drowning in irrelevance, says former top judge. The hong kong legal system notes are formatted into a stepbystep guide, which you can use as a checklist in your exams to ensure that every element of the exam question is answered. Hong kong laws are generally composed of the basic law, common law, rules of equity and statute law. Most potently for hong kongers, it will mean the erasure of the sense of the city as something different and special. Under one country, two systems, hong kong is part of china but retains its own systems and way of life. Bryan ohare, partner of hill dickinson provides with a brief overview of the hong kong legal system. Any perceived threats to the integrity of hong kong s legal system have been. The basic law ensures that the legal system in the hksar will continue to give effect to the rule of law by providing that the laws previously in force in hong kong shall be maintained, save for any that contravene the basic law and subject to any subsequent amendment by the hksar legislature.
It is also testament to the rule of law, independence of the judiciary and the high standard of local and overseas law practitioners in hong kong. An essential text for students studying legal system and legal research, this book is also useful to legal practitioners, jurists, and general. That is why, since 1997, the rule of law has been the focus of considerable attention in hong kong and for the international community. In hong kong the vast majority of children are placed in the residential care system at the consent of their parents.
The hong kong special administrative region hksar needs to uphold the rule of law and improve its legal system and enforcement mechanism for safeguarding national security, director of the. Hong kong media law covers all the key topics in the area of communication law. Much english legislation has no counterpart in hong kong. Legal system sources of law court system contract law recommended reference. Article 731 of the basic law provides the legislative council with the powers and functions to enact, amend or repeal laws in accordance with the provisions of the basic law and legal procedures.
The high court is made up of the court of appeal and the court of first instance. Nov 28, 2019 hong kong is a former british colony handed back to china in 1997. The judiciary of the hong kong special administrative region is the judicial branch of the hong kong special administrative region. The hksar has a twotier system of representative government. When it was a colony, hong kong was administered by a governor, who was appointed by and represented the monarch of the united kingdom, directed the government, served as the commander in chief, and presided over the two main organs of government, the executive council and the legislative council. To familiarise students with the sources, classification and operation of hong kong law and other features of the legal system in hong kong. Doing business law library from the world bank is a collection of free online business laws and regulations. The basic law came into effect on 1 july 1997 with the establishment of the hong kong special. The effect of a charging order absolute is that the judgment debtors property is subject to an equitable charge in favour of the judgment creditor. The legal system in china the interface between hong kong and the mainland legal system. Kong special administrative region of the peoples republic of. However, the term pro bono has become very topical in recent years and there is increasing recognition within hong kongs legal community that legitimate legal needs are not being addressed through traditional legal aid. It is one of the reasons for hong kongs success as a major international financial and trading centre. Such changes would undermine the strong legal protections guaranteed in hong kong and leave the territory exposed to beijings weak legal system and politically motivated charges.
Newly added judgments are judgments uploaded in the last six working days. An introduction to the chinese legal system fifth edition. The first 17 lawrelated organisations will move into new offices at the west wing of the former cgo and the former fmb, a declared monument built in 1917. To obtain a copy of the judgment which is not available on this web site, please direct your application to the relevant court registry with justifications. Our legal system pcll conversion notes are the leading online study resource for hong kong pcll conversion examinations. Introduction to the hong kong criminal justice system on jstor. Hong kong elegislation hkel is the official database of hong kong legislation.
Jun 24, 2019 falun gong remains legal in hong kong, despite having been banned in mainland china in 1999, and the trial is seen as a test of the freedoms beijing guaranteed to respect after the handover. Different searching and viewing modes are available to facilitate access to. Hong kongs electronic transactions ordinance act of 2000 eto allows for multiple forms of electronic signatures to be used in the private sector, with retention of the digital signature requirement for official electronic communiques with the government. What is the influence of the basic law on the hong kong legal system. Hong kongs legal system misused and drowning in irrelevance, says former top judge. American lawyers will find much that is familiar to them in the law and its practice in hong kong. Students guide to legal materials of hong kong 2019 2020. Explanations on the basic law of the hong kong special.
Hong kongs proposed extradition bill could extend beijings. The hong kong special administrative region, while constitutionally integrated into the peoples republic of china, retains the common law system of governance used during its 150 years under the jurisdiction of the united kingdom. Hong kong land law persists as a case law system with occasional, albeit significant, modificationsby legislation. The law of hong kong is unique, being a common law system preserved, after the handover to china in 1997, within the civil law system of the peoples republic of china prc, under the principle of one country, two systems. Understanding hong kong s legal system today requires both an understanding of the british origins of much of the laws and legal institutions as well as the uniquely hong kong developments in the application of the basic law under one country, two systems. She is advised on major policy decisions by the executive council. Files are available under licenses specified on their description page.
To guide students to developing a sound understanding and appreciation of the concept of the rule of law and its relevance in the context of hong kong. It takes into account legal developments in the last two decades since the 1997 handover, and guides firstyear law students in legal research and methods. It is also the story of the common law in a chinese context and the value system of hong kong people reflected in the basic law and. Mcgrawhill education asia ian dobinson and derek roebuck, introduction to law in the hong kong sar, 2nd ed. As such, investors have beneficial ownership of the securities held by hkscc on their behalf. The chinese university of hong kong faculty of law juris. An introduction to the hong kong legal system book, 1998. Basic law of the hong kong special administrative region under the standing committee of the national peoples congress. This book provides an introduction to the legal system in hong kong. It has often been said that if hong kong people have a defining ideology, it is the rule of law. Examination on legal framework and land boundary survey. Hong kongs court of final appeal cfa, replacing the former role of the. Hong kong s percentile rank in respect of rule of law has improved from 69. It is fundamental to hong kongs legal system that members of the judiciary.
The basic law of the hksar was enacted by the national peoples congress in accordance with the constitution of the peoples republic of china. Legal environment business information for hong kong and. The basic law of the hk sar of the prc, 1990 penlington, 1993. Different searching and viewing modes are available to facilitate access to law. The basic law hong kong s constitutional document gives legal effect to the one country, two systems policy. Practice of capitalism in hksar executive, legislative and independent judicial power common law system official language. The hong kong legal system is a common law one, based on a combination of english common law developed also in local cases and local legislation codified in the laws of hong kong. The linked exchange rate system was introduced in october 1983. An introduction to the hong kong legal system book.
Peter wesleysmith freshly revised and updated, this concise introduction to the legal system of hong kong provides an overview of the sources of law including the mysteries of the common law as well as its. An introduction to the hong kong legal system wesleysmith, peter on. Hong kong special administrative region of the peoples republic of china. Get the best hong kong legal system notes for the pcll conversion exams. The development of the hong kong legal system, 18421997. It is well established that hkscc holds the shares on trust for investors under hong kong law. Charging order where the judgment debtor is the beneficial owner of land, stocks and shares, unit trusts etc. The legal system in hong kong from the hong kong department of justice open access. The laws previously in force in hong kong, that is, the common law, rules of equity, ordinances, subordinate legislation and customary law shall be maintained. The courts in hong kong hear and adjudicate all prosecutions and civil disputes, including all public and private law matters. Intellectual property department new patent system in hong kong. You may find the table of contents to be a quick and useful overview of the law to be applied. Hong kong international arbitration centre hkiac 2017 dispute resolution.
Hong kongs legal system overview hong kongs commitment to the rule of law and judicial independence is key to the citys prosperity and stability as an international financial centre. Hong kong companies ordinance provided by the department of justice, hong kong sar government hong kong elegislation provided by the hong kong department of justice, hong kong sar government. Table of hong kong basic law provisions and related documents xix table of other legislation and international agreements, conventions and treaties xxv chapter 1 introduction 1 chapter 2 birth of the hong kong basic law 9 2. Download free pdf sample pcll conversion notes and model exams to help you pass your pcll conversion examinations. The basic law came into effect on 1 july 1997 with the establishment of the hong kong special administrative. The common law system continues to be practised as constitutionally guaranteed, making the city the only common law jurisdiction within china. Commencement of the new requirements from 1 march 2018 plugs a gap in the company legislation, and goes a long way towards enhancing the transparency of legal persons. Introduction 1997 will be a momentous year for hong kong a year dominated by the great and historic event. Since the handover, the constitutional framework is provided by the hong kong basic law, which is a national law of the prc and has constitutional status in hong kong. Hong kong needs to improve legal system for safeguarding. Those rights include freedom of assembly and freedom of.
Hong kong financial services and the treasury bureau. It has both appellate and original jurisdiction, i. It has its own judiciary and a separate legal system from mainland china. Everything you need to know about hong kongs extradition law. Jun 11, 2019 a former british colony, hong kong returned to chinese sovereignty in 1997 under a model called one country, two systems, which accorded hong kong its own legal and economic systems and a. In comparison, the prc has a civil law system with socialist roots. All structured data from the file and property namespaces is available under the creative commons cc0 license. The bl took effect on 1 july 1997 on the establishment of the hksar. Laws6001 legal system the development of hong kongs legal system is the story of hong kong.
Hong kong special administrative region 53 instrument 1 decision of the standing committee of the national peoples congress on approving the amendment to annex i to the basic law of the hong kong special administrative region of the peoples republic of china. Investment opportunities and the legal system in hong kong. Examination on legal framework and land boundary survey system in hong kong syllabus here refers to hong kong context only. Government structure the hong kong special administrative region hksar of the peoples republic of china is headed by the chief executive. Kyu ho youm, communications lawyer, american bar association an accessible guide to media law in hong kong and china. Newly added judgments are judgments uploaded in the last six working days to obtain a copy of the judgment which is not available on this web site, please direct your application to the relevant court registry with justifications. It also contains bibliographies of useful secondary sources books and articles on these topics. The basic law hong kongs constitutional document gives legal effect to the one country, two systems policy. This textbook offers a readerfriendly overview of hong kong s legal system, covering both the origins in british law and the application of the basic law under one country, two systems. A fee may be charged upon approval of the application. The debut of metropolitan daily, hong kongs fi rst free newspaper, spurs the introduction of other free dailies, increasing the competition of the already active print market. Nov 11, 2011 in 2002, the faculty worked with the department of computer science to launch the hong kong legal information institute hklii website. The world trade organization wto, established in 1995, succeeded the general agreement on tariffs and trade gatt.
The end of hong kong is almost here foreign policy. I have been entrusted by the drafting committee for the basic law of the hong kong special administrative region to make the following explanations concerning this legal document. Pcll conversion notes hong kong legal system notes. The hong kong government introduces proposals for article 23 laws on sedition, subversion, theft of state secrets, treason and secession.
Hong kong to maintain beneficial ownership information by way of keeping registers of significant controllers. The rule of law in hong kong after 1997 john mcdermott. The legal system of the hong kong special administrative. Currently, national laws are included in annex iii to the basic law. The hong kong protests explained in 100 and 500 words bbc. Danny gittings is unremitting in his efforts to synthesize, critique and. Hong kong actively supports and promotes a free, open and stable multilateral trading system. Pdf law and justice in hong kong offers readers an accessible and updated account of the legal system of hong kong, the only common. While most first world countries provide a fair legal system, hong kong s legal system puts the cherry on top of the cake to all of the other qualities the city has to offer to business owners. According to the basic law what are the national laws of the people s republic.
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