The Hong Kong Special Administrative Region (SAR)

The Legal System: The Basic Law

Through the Basic Law, the Hong Kong SAR remains a common law jurisdiction after the People's Republic of China (PRC or China) resumed sovereignty over Hong Kong on July 1, 1997.

The Basic Law was enacted by the PRC's National People's Congress on 4 April 1990 and took effect in Hong Kong immediately after the handover of sovereignty. It is similar to a mini-constitution for Hong Kong, and its most prominent feature is the underlying principle of "one country, two systems". This guarantees that the existing capitalist system and way of life in Hong Kong will be preserved for 50 years.

Under the Basic Law, the laws previously in force in Hong Kong (the common law, rules of equity, locally enacted legislation, some legislation imported from the United Kingdom, decisions of the local courts and some customary laws) "shall be maintained". The only exceptions are laws that contravene the Basic Law. All laws are subject to amendment by the Hong Kong legislature.

The Courts. The highest court in the Hong Kong SAR is the Court of Final Appeal, which has replaced the Judicial Committee of the Privy Council in London as the final appellate court for Hong Kong. Cases before the Court of Final Appeal are heard by a panel comprising the Chief Justice, three permanent judges and one non-permanent judge (who is typically a distinguished judge from another common law jurisdiction such as England and Australia). The judges of the Court of Final Appeal are appointed by the Chief Executive, in accordance with the recommendations of an independent commission, and approved by the legislature.

In civil cases, the Court of Final Appeal will only hear appeals from the Court of Appeal if the matter concerns disputes or property or civil rights of the value of HK$1,000,000 (US$128,000) or above or, at the discretion of the Court of Appeal or the Court of Final Appeal, if the matter is of great general or public importance.

Beneath the Court of Final Appeal is the High Court comprising the Court of Appeal and the Court of First Instance. The jurisdiction of the High Court emanates from the High Court Ordinance. Proceedings in the High Court are governed by the Rules of the High Court.

The Court of Appeal hears appeals on all matters, civil and criminal, from the Court of First Instance and the District Court, as well as appeals from the Land Tribunal.

The Court of First Instance has unlimited jurisdiction over both civil and criminal...