Apart from the areas of military defense and foreign affairs, hong. Hong kongs bilingual legislative drafting and translation of legislation by tony yen 27th january, 2010. Mar 17, 1988 an introduction to the hong kong legal system book. An introduction to the hong kong legal system wesleysmith, peter on. The legal system of the hong kong special administrative region hksar is based on the rule of law and the independence 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.
The difficulties are more easily felt in the case of the translation of the 22,000 pages of existing laws into chinese than the case of drafting new bilingual laws. Pdf law and justice in hong kong offers readers an accessible and updated account of the legal system of hong kong, the only common. Pdf law and justice in hong kong, third edition researchgate. The hong kong judiciary has had a longstanding reputation for fairness and was rated as the best judicial system in asia by one survey in 2008. Information based on the departmental publication legal system in hong kong printed in 2008. All my colleagues have at all times conducted themselves exactly as english judges. An introduction to the hong kong legal system by peter. Hong kong has built wellestablished commercial case law that is highly regarded by the international business community and foreign investors. Cybersecurity in hong kong a legal perspective dominic wai, partner, onc lawyers this presentation is not an exhaustive treatment of the area of law discussed and cannot be relied upon as legal advice.
This book provides an introduction to the legal system in hong kong. Besides the basic law, common law and the rules of equity, what other sort of laws exist in the hong kong legal system. Newly added judgments are judgments uploaded in the last six working days. Hong kong legal system read whole topic back print forward. Pcll conversion notes hong kong legal system notes. Dec 06, 2018 hong kong legal system read whole topic back print forward. Basic law of the hong kong special administrative region. The common law system is maintained under article 8 of the basic law. In 2004, the us department of state claimed that although singapores judicial system provides citizens with an efficient judicial process, the judiciary is largely compliant and the government often uses defamation suits or the threat of such actions to discourage public criticism and intimidate the press. Extensively rewritten and revised, the third edition of law and justice in hong kong continues to offer readers a comprehensive account of the legal system of hong kong the only common law. That makes an introductory knowledge of the hong kong basic law vital for anyone who wishes to understand not only hong kongs legal system, but also hong kongs way of life and system of governmentas well as how these can be expected to evolve in years to come. 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. What is the essence of hong kongs legal system, including the constitutional arrangements which underpin it. Contract law in hong kong is the first comprehensive textbook on this topic for more than ten years.
Department of justice of the hong kong special administrative region. Currently, national laws are included in annex iii to the basic law. Siu the university of hong kong introduction the story of the transformation of hong kong into a modern metropolis from a small fishing village on the south china coast is now standard fare in almost all history books about the territory. His other books include constitutional and administrative law in hong kong and the sources of hong kong law. A hong kong court may treat relatively minor procedural infringements as legally innocent.
After 1997, when hong kong ceases to be a british colony and reverts to chinese sovereignty, the existing institutions may be dramatically changed. The 16 chapters of the book cover all basic contract concepts in a readerfriendly style, which makes ample use of case illustration. Investment opportunities and the legal system in hong kong. Law b262f hk legal system 1500 p 15 of 30 for civil law the most common from law 262 at the open university of hong kong. Enhancing transparency of beneficial ownership of hong kong companies public consultation foreword 1. View notes the legal system in hong kong from law 1002 at punjab engineering college. This will allow hong kongs judicial system to hold fully bilingual trials after the handover to china in june, he said. The bars code of conduct governs their conduct and etiquette. Hong kong stillhas no system of registrationof title,nor has it adopted the english system of land charges registration for unregistered land. You may find the table of contents to be a quick and useful overview of the law to be applied. Under hong kong law, auditors liability to their clients is based on a broad principle. American lawyers will find much that is familiar to them in the law and its practice in hong kong. Hong kong s legal system i have sat on the court of final appeal of hong kong for 14 years and have never experienced any political interference from china or anywhere else in all that time.
Enhancing transparency of beneficial ownership of hong kong. Hong kong 2003 the legal system hong kong yearbook. Clic hong kong legal system sources of law in hong kong. Hong kongs bilingual legislative drafting and translation of. Law b262f hk legal system 1500 p 15 of 30 for civil law the. What is the influence of the basic law on the hong kong legal system. Hong kong laws are generally composed of the basic law, common law, rules of equity and statute law. This consultation document is issued by the financial services and the treasury bureau fstb for seeking views on the conceptual framework and broad parameters of a legislative proposal to enhance transparency of corporate beneficial ownership.
In hong kong, the building of a bilingual legal system started in 1987. Under the principle of one country, two systems, the hksars legal system differs from that of the mainland, and is based on the common law. His other books include constitutional and administrative law in. Hong kong in the shadow of china is a reflection on the recent political turmoil in hong kong during which the chinese government insisted on gradual movement toward electoral democracy and.
Government structure the hong kong special administrative region hksar of the peoples republic of china is headed by the chief executive. On july 1, 1997, the peoples republic of china resumed the exercise of sovereignty over hong kong. 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. How are the common law and the rules of equity operating in hong kong. Already the chinese have indicated that they may not abide by. Investment opportunities, conducting business and the legal system the establishment of operations in hong kong initial public offering listing on the stock exchange of hong kong limited.
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. No responsibility for any loss occasioned to any person acting or refrain from acting as a. Hong kong s legal system misused and drowning in irrelevance, says former top judge. An essential text for students studying legal system and legal research, this book is also useful to legal practitioners, jurists, and general. Kong is vastly differentfrom that in england and wales. Particular emphasis is placed on what makes hong kong law different from other common law jurisdictions. Law b262f hk legal system 1500 p 15 of 30 for civil law. She is advised on major policy decisions by the executive council. Students guide to legal materials of hong kong 2019 2020. Apr 08, 2020 hong kong is the only common law jurisdiction within china. The legal system in china the interface between hong kong and the mainland legal system. It is fundamental to hong kongs legal system that members of the judiciary.
Still, serious doubts have emerged over the quality of the translations and whether hong kong is ready to operate a truly bilingual legal system. Unlike china, hong kong uses a law system similar to that found in england and wales. The good news is that the hong kong basic law is a relatively youthful. In the hong kong sar, is the legal system hong kong common law. The constitutional framework is provided by the hong kong basic law, which is a national law of the peoples republic of china prc under the principle of one country, two systems, hong kong has its own legal system, distinct from the law of the peoples republic of china, and based on the. The information contained in this booklet has no legal status, and is made.
The committee groups lawyers, linguists, academics and legislators. Compliance or noncompliance with standards is considered in assessing what reasonable care means, but is not the end of the matter. Under the land registrationordinance cap 128 lro, hong kong has a system of registrationof instruments. Hong kongs bilingual legislative drafting and translation. A newly revised edition of his book unequal treaty 18981997 was published by oxford university press in 1998. An introduction to the hong kong legal system book.
Our legal system pcll conversion notes are the leading online study resource for hong kong pcll conversion examinations. Hong kong legal system open and accessible to the outside world. 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 legal system of the hong kong special administrative region. There exist some special regulations for arbitration proceedings in hong kong, which are different to the domestic proceedings in mainland china. The hong kong criminal justice system is a fascinating but perhaps temporary structure. Many of hong kongs first constitutional test cases have revolved around the question as to who has the right of abode permanent residency in hong kong under. The legal system 31 the governing body for hong kongs 1 089 barristers is the hong kong bar association. Its based on english common law, but there are differences. Such access is crucial for hong kong as an international center of trade, finance, and commerce.
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. 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. Download free pdf sample pcll conversion notes and model exams to help you pass your pcll conversion examinations. The most common professions in law in hong kong are barristers, practicing solicitors, local law firm employees, and registered foreign lawyers. 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. Free access to html textbooks is now available again and is being offered direct to higher education institutions. The laws of hong kong is different from the laws in place in china, though. 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, except for any that contravene this law, and subject to any amendment by the legislature of the hong kong special administrative region. The law of hong kong is based on the rule of law and the independence of the judiciary.
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