It has its own judiciary and a separate legal system from mainland china. Charging order where the judgment debtor is the beneficial owner of land, stocks and shares, unit trusts etc. Information based on the departmental publication legal system in hong kong printed in 2008. It also contains bibliographies of useful secondary sources books and articles on these topics. 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. By contrast, the english system can be described as a legislativesystem with occasional important adaptations by the courts. 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. Monetary system the aim of hong kongs monetary policy is to maintain currency stability. The new patent system mainly introduces an original grant patent system for standard patents, refines the existing shortterm patent system and introduces an interim regulatory measure of prohibiting use of certain confusing or misleading titles and descriptions relating to patent practice in the hong kong special administrative region. 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. It is fundamental to hong kongs legal system that members of the judiciary. Introduction 1997 will be a momentous year for hong kong a year dominated by the great and historic event.
What is the influence of the basic law on the hong kong legal system. Investment opportunities and the legal system in hong kong. Bryan ohare, partner of hill dickinson provides with a brief overview of the hong kong legal system. Kong special administrative region of the peoples republic of. Our legal system pcll conversion notes are the leading online study resource for hong kong pcll conversion examinations. 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. The basic law came into effect on 1 july 1997 with the establishment of the hong kong special.
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. 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. 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. Pcll conversion notes hong kong legal system notes. The judiciary of the hong kong special administrative region is the judicial branch of the hong kong special administrative region. 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. The basic law hong kong s constitutional document gives legal effect to the one country, two systems policy. Hong kong elegislation hkel is the official database of hong kong legislation. It provides free online access to current and past versions of consolidated legislation dating back to 30 june 1997 and pdf copies marked verified copy have official legal status. Practice of capitalism in hksar executive, legislative and independent judicial power common law system official language. Hong kong international arbitration centre hkiac 2017 dispute resolution. The bl took effect on 1 july 1997 on the establishment of the hksar.
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. 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. You may find the table of contents to be a quick and useful overview of the law to be applied. 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. That is why, since 1997, the rule of law has been the focus of considerable attention in hong kong and for the international community. 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. Explanations on the basic law of the hong kong special. Doing business law library from the world bank is a collection of free online business laws and regulations. A fee may be charged upon approval of the application. Introduction to the hong kong criminal justice system on jstor. In comparison, the prc has a civil law system with socialist roots. The basic law hong kongs constitutional document gives legal effect to the one country, two systems policy.
The hksar has a twotier system of representative government. 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. Hong kongs court of final appeal cfa, replacing the former role of the. Under one country, two systems, hong kong is part of china but retains its own systems and way of life. 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. Different searching and viewing modes are available to facilitate access to.
Legal system sources of law court system contract law recommended reference. It has both appellate and original jurisdiction, i. Nov 11, 2011 in 2002, the faculty worked with the department of computer science to launch the hong kong legal information institute hklii website. Pdf law and justice in hong kong, third edition researchgate. Free access to html textbooks is now available again and is being offered direct to higher education institutions. 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. Basic law of the hong kong special administrative region under the standing committee of the national peoples congress. As such, investors have beneficial ownership of the securities held by hkscc on their behalf. Currently, national laws are included in annex iii to the basic law. The legal system in hong kong leans to favour the business environment by providing fair business surroundings at all times. Hong kong s percentile rank in respect of rule of law has improved from 69.
In hong kong the vast majority of children are placed in the residential care system at the consent of their parents. An introduction to the hong kong legal system book, 1998. According to the basic law what are the national laws of the people s republic. Download free pdf sample pcll conversion notes and model exams to help you pass your pcll conversion examinations. The legal system of hong kong 2010 hong kong blue dragon asia. 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. The linked exchange rate system was introduced in october 1983. Hong kong s legal system misused and drowning in irrelevance, says former top judge. Intellectual property department new patent system in hong kong. American lawyers will find much that is familiar to them in the law and its practice in hong kong. 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. Hong kong to maintain beneficial ownership information by way of keeping registers of significant controllers.
Tran a803bf hong kong legal system and legal english. 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. 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. The legal system in china the interface between hong kong and the mainland legal system. An essential text for students studying legal system and legal research, this book is also useful to legal practitioners, jurists, and general. 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. The legal system in hong kong from the hong kong department of justice open access. Hong kong and the unprecedented transfer of sovereignty symposium. The hong kong government introduces proposals for article 23 laws on sedition, subversion, theft of state secrets, treason and secession. Under the principle of one country, two systems enshrined in the basic law, hong kong enjoys high degree of autonomy from the mainland china. The common law system continues to be practised as constitutionally guaranteed, making the city the only common law jurisdiction within china. The rule of law in hong kong after 1997 john mcdermott. The legal system of the hong kong special administrative.
An introduction to the hong kong legal system wesleysmith, peter on. Hong kong special administrative region of the peoples republic of china. Hong kong actively supports and promotes a free, open and stable multilateral trading system. Examination on legal framework and land boundary survey system in hong kong syllabus here refers to hong kong context only.
Legal environment business information for hong kong and. The development of the hong kong legal system, 18421997. Those rights include freedom of assembly and freedom of. 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. Hong kong media law covers all the key topics in the area of communication law.
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. 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. Hong kong needs to improve legal system for safeguarding. Most potently for hong kongers, it will mean the erasure of the sense of the city as something different and special. The high court is made up of the court of appeal and the court of first instance. Hong kong financial services and the treasury bureau. 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. Hong kong is a founding member of the wto and has been participating actively in its activities. Examination on legal framework and land boundary survey. It is fundamental to the hong kong legal system that members of the judiciary are independent of the executive and legislative branches.
Hong kongs legal system misused and drowning in irrelevance, says former top judge. Hong kong land law persists as a case law system with occasional, albeit significant, modificationsby legislation. The courts in hong kong hear and adjudicate all prosecutions and civil disputes, including all public and private law matters. Different searching and viewing modes are available to facilitate access to law. The basic law of the hksar was enacted by the national peoples congress in accordance with the constitution of the peoples republic of china.
An introduction to the chinese legal system fifth edition. 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. Hong kongs legal and regulatory framework offers little protection for looted art and antiquities, and it retains one obsolete rule of law from its time as a british colony that may not only encourage buyers to purchase looted or stolen works, but also embolden those trying to construct false provenance to pass them through hong kong. Mcgrawhill education asia ian dobinson and derek roebuck, introduction to law in the hong kong sar, 2nd ed. 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. 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 laws previously in force in hong kong, that is, the common law, rules of equity, ordinances, subordinate legislation and customary law shall be maintained. Nov 28, 2019 hong kong is a former british colony handed back to china in 1997.
The legal system it has often been said that if hong kong people have a defining ideology, it is the rule of law. Much english legislation has no counterpart in hong kong. Government structure the hong kong special administrative region hksar of the peoples republic of china is headed by the chief executive. Files are available under licenses specified on their description page. Kyu ho youm, communications lawyer, american bar association an accessible guide to media law in hong kong and china. This book provides an introduction to the legal system in hong kong. Laws6001 legal system the development of hong kongs legal system is the story of hong kong. Newly added judgments are judgments uploaded in the last six working days. Everything you need to know about hong kongs extradition law. 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. The world trade organization wto, established in 1995, succeeded the general agreement on tariffs and trade gatt.
The proposed changes to hong kongs extradition laws could create serious risks for u. Under the basic law of hong kong, it exercises the judicial power of the region and is independent of the executive and. It has often been said that if hong kong people have a defining ideology, it is the rule of law. The basic law of the hk sar of the prc, 1990 penlington, 1993. Hong kong laws are generally composed of the basic law, common law, rules of equity and statute law. 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. 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. 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.
The provision of pro bono services is often seen as secondary to the governmentfunded legal aid system in hong kong. 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. All structured data from the file and property namespaces is available under the creative commons cc0 license. Students guide to legal materials of hong kong 2019 2020. The hong kong protests explained in 100 and 500 words bbc. She is advised on major policy decisions by the executive council. The chinese university of hong kong faculty of law juris. 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. Get the best hong kong legal system notes for the pcll conversion exams. 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. An introduction to the hong kong legal system by peter. Any perceived threats to the integrity of hong kong s legal system have been. 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.
The basic law came into effect on 1 july 1997 with the establishment of the hong kong special administrative. The end of hong kong is almost here foreign policy. 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. An introduction to the hong kong legal system book. To familiarise students with the sources, classification and operation of hong kong law and other features of the legal system in hong kong. It is one of the reasons for hong kongs success as a major international financial and trading centre. It is well established that hkscc holds the shares on trust for investors under hong kong law. Pdf law and justice in hong kong offers readers an accessible and updated account of the legal system of hong kong, the only common. Hong kongs proposed extradition bill could extend beijings.
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