This book will be useful to students and scholars in law, political science and china studies, as well as lawyers, judges, legislators, government officials, business people, ngos and members of the public with an interest in contemporary china. It replaced the judicial committee of the privy council in london as the final appellate court for hong kong. A fee may be charged upon approval of the application. The basic law of the hksar was enacted by the national peoples congress in accordance with the constitution of the peoples republic of china. Danny gittings is unremitting in his efforts to synthesize, critique and. The legal system of hong kong 2010 hong kong blue dragon asia. Of the hong kong special administrative region of the peoples republic of china published by the constitutional and mainland affairs bureau designed by the information services department printed by the government logistics department hong kong special administrative region government. 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. Introduction as hong kongs sovereignty retrocession on july 1, 1997 is only about one hundred days away, it is useful at this final hour of the british sunset regime to. An essential text for students studying legal system and legal method, this book is also useful to legal scholars, legal practitioners and general readers, both in hong kong and abroad, who find. The information contained in this booklet has no legal status, and is made available for information only and should not be relied on as an official. Hong kong was a british possession for decades until it rejoined china in 1997. Hong kong laws are generally composed of the basic law, common law, rules of equity and statute law. It is a type of legal system that is based on english common law, but there is also a significant amount of local legislation in place here.
Sep 30, 2019 hong kong protesters march with a figure depicting the goddess of democracy in august 2019. This book provides an introduction to the legal system in hong kong. Legal environment business information for hong kong and. Different searching and viewing modes are available to facilitate access to. 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. Hong kongs legal environment provides a strong foundation for its free market, competitive economy. It is fundamental to hong kongs legal system that members of the judiciary. American lawyers will find much that is familiar to them in the law and its practice in hong kong.
Get the best hong kong legal system notes for the pcll conversion exams. Pdf crossroads of the world, crossroads of the law. An introduction to the hong kong legal system wesleysmith, peter on. This report summarises the amlcft measures in place in hong kong, china hkc as at the date of the onsite visit from 31 october to 15 november 2018.
For almost three decades after the prcs establishment, there was a perception that a formal legal system for many areas of national life was unnecessary since. A lot of the differences arise from the fact that since 1997, english law has absorbed a lot of concepts from the eu, whereas hong kong has not. Hong kong needs to improve legal system for safeguarding. Introduction 1997 will be a momentous year for hong kong a year dominated by the great and historic event. The bars code of conduct governs their conduct and etiquette. Our legal system pcll conversion notes are the leading online study resource for hong kong pcll conversion examinations. The university of hong kong hku we arent endorsed by this school. It is also the story of the common law in a chinese context and the value system of. Hong kong, special administrative region of china, located to the east of the pearl river estuary on the south coast of china. Nonetheless, the sinobritish joint declaration and the basic law provide that hong kongs existing legal system shall continue after china assumes sovereignty over hong kong in 1997. The legal system in china the interface between hong kong and the mainland legal system. Examination on legal framework and land boundary survey system in hong kong syllabus here refers to hong kong context only. 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.
Free access to html textbooks is now available again and is being offered direct to higher education institutions. Hong kong s legal system misused and drowning in irrelevance, says former top judge. 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 kongs court of final appeal cfa, replacing the former role of the. Hong kongs judiciary is renowned for its quality, independence and respect for the rule of law. The end of hong kong is almost here foreign policy. The linked exchange rate system was introduced in october 1983. The development of hong kongs legal system is the story of hong kong. As these commemorations are coming closer, the author of this article analyses the legal systems of the two chinas special. 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. 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. 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.
This paper aims to offer a preliminary research on chinas political economic strategy, which is regarded as the china factor, in the legal system of hong kong, and its political, economic and legalcultural impacts on the rule of law. Examination on legal framework and land boundary survey. 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 a concept of one country two systems. 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. The hong kong government introduces proposals for article 23 laws on sedition, subversion, theft of state secrets, treason and secession.
Access study documents, get answers to your study questions, and connect with real tutors for law 1008. As chinas power continues to grow, some fear that the considerable autonomy hong. Currently, national laws are included in annex iii to the basic law. The legal system of the hong kong special administrative. The judiciary a key element in the success and continuing attraction of the hksar is that its judicial system operates on the principle, fundamental to the common law system. The basic law of the hk sar of the prc, 1990 penlington, 1993.
The joint declaration and the basic law specifically guarantee the establishment of a hong kong based court of final appeal on 1 july 1997. 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. All structured data from the file and property namespaces is available under the creative commons cc0 license. 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.
It analyses the level of compliance with the fatf 40 recommendations and the level of effectiveness of hkcs amlcft system, and provides recommendations on how the system could be. 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. 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 kong to maintain beneficial ownership information by way of keeping registers of significant controllers. Hong kong s percentile rank in respect of rule of law has improved from 69. The chinese university of hong kong faculty of law juris. Part iv analyzes the efforts of the hong kong legal and judiciary departments, as well as academics, to make the law available in chinese in preparation for the es. 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 kongzhuhaimacau bridge and the guangzhoushenzhenhong kong express rail link further enabling crossborder commuting, working and living. You may find the table of contents to be a quick and useful overview of the law to be applied. Its based on english common law, but there are differences. 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 also contains bibliographies of useful secondary sources books and articles on these topics. Different searching and viewing modes are available to facilitate access to law. Overview of the chinese legal system t he peoples republic of china prc was founded by jingjing liu in 1949 by the chinese communist party ccp. What is the influence of the basic law on the hong kong legal system.
The fourth edition of the englishchinese glossary of legal terms was published in december 2004. In the hong kong sar, is the legal system hong kong. Democracy in hong kong council on foreign relations. It is one of the reasons for hong kongs success as a major international financial and trading centre. Files are available under licenses specified on their description page. An introduction to the hong kong legal system by peter. The lower courts tend to conduct proceedings in cantonese whereas the higher courts use english, although you have a right to use either. Such access is crucial for hong kong as an international center of trade, finance, and commerce. Hong kongs proposed extradition bill could extend beijings. Hong kong special administrative region and its voting. Hong kong, may 6 1997 ips the mammoth task of translating 21,000 pages of hong kongs laws from english into chinese was completed last week, in advance of the june 30 handover of the british colony to chinese rule. Students guide to legal materials of hong kong 2019 2020. It consists of hong kong island, originally ceded by china to.
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. Legal system sources of law court system contract law recommended reference. The proposed changes to hong kongs extradition laws could create serious risks for u. The region is bordered by guangdong province to the north and the south china sea to the east, south, and west. Information based on the departmental publication legal system in hong kong printed in 2008. In comparison, the prc has a civil law system with socialist roots. An introduction to the hong kong legal system book. However, doubts remain over whether hong kong can operate a truly bilingual legal system after decades of conducting legal matters in english and. In hong kong the vast majority of children are placed in the residential care system at the consent of their parents. The glossary was compiled by the law drafting division of the department of justice and is a handy reference tool for locating bilingual legal terms and expressions used in the hong kong legislation. Pdf law and justice in hong kong, third edition researchgate.
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. 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. Under the one country, two systems arrangement, hong kong has a separate legal system from that of mainland china. 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. 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. Pcll conversion notes hong kong legal system notes.
Bryan ohare, partner of hill dickinson provides with a brief overview of the hong kong legal system. Lam department of politics and public administration, university of hong kong, hong kong abstract singapore and hong kong are very different and yet very similar in many respects. Monetary system the aim of hong kongs monetary policy is to maintain currency stability. Understanding hong kongs 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. Mcgrawhill education asia ian dobinson and derek roebuck, introduction to law in the hong kong sar, 2nd ed. The legal system 31 the governing body for hong kongs 1 089 barristers is the hong kong bar association.
Aug 21, 2019 this paper aims to offer a preliminary research on chinas political economic strategy, which is regarded as the china factor, in the legal system of hong kong, and its political, economic and legalcultural impacts on the rule of law. It is a vibrant cultural and financial center of chinese society. To gauge the latest business opinions regarding the opportunities and challenges in the region, kpmg china, hsbc and the hong kong general chamber of commerce. Antimoney laundering and counterterrorist financing measures. Hong kong elegislation hkel is the official database of hong kong legislation. An essential text for students studying legal system and legal research, this book is also useful to legal practitioners, jurists, and general. Judicial independence and the rule of law in hong kong. Pdf law and justice in hong kong offers readers an accessible and updated account of the legal system of hong kong, the only common. An essential text for students studying legal system and legal research, this book is also useful to legal practitioners, jurists, and general readers, both in hong kong and abroad, who find. To familiarise students with the sources, classification and operation of hong kong law and other features of the legal system in hong kong. There is also a question of how hong kongs common law tradition and judicial system can coexist or dovetail the socialist and chinese legal system in the prc.
Download free pdf sample pcll conversion notes and model exams to help you pass your pcll conversion examinations. Peter wesley smith, the hong kong constitutional system. Hong kongs legal system misused and drowning in irrelevance, says former top judge. Within macau, the basic law has constitutional rank. The legal system in hong kong uses a constitution that provides for the basic laws of the country. What are the differences between the legal system of. 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 legal system of hong kong 2010 hong kong blue dragon. Clic hong kong legal system court structure and the. It has its own legislative framework and a judiciary independent of the government. The development of the hong kong legal system, 18421997.
Introduction to the hong kong criminal justice system on jstor. Most potently for hong kongers, it will mean the erasure of the sense 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. The legal system in hong kong from the hong kong department of justice open access. An introduction to the chinese legal system fifth edition. 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. Hong kong legal system open and accessible to the outside world. Albert chen is a professor at the faculty of law of the university of hong kong.
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