Keith Mack
Hong Kong's legal system, developed under British governance, is based on the English common law system. Hong Kong's legal profession has been open to foreign law firms, allowing them to establish a presence in the region. The laws in force in Hong Kong are hierarchical and include the Hong Kong Basic Law, legislation from before and after 1997 when Hong Kong was returned to China, and PRC laws. Under the 'one country, two systems' principle, the Hong Kong Special Administrative Region (HKSAR) has a legal system based on common law, with a constitutional framework provided by the Basic Law enacted by the PRC according to its constitution.
| Characteristics | Values |
|---|---|
| Legal System | Based on English common law |
| Governance under British rule | Letters Patent and the Royal Instructions |
| Judicial cases under British rule | Generally appealable to the Judicial Committee of the Privy Council in the UK |
| Agreement in the 1984 Sino-British Joint Declaration | Hong Kong would be returned to China after 1997 |
| Principle | "One country, two systems" |
| Legal profession | Open to foreign law firms |
| Constitutional document | Hong Kong Basic Law |
| Hierarchy of laws | Hong Kong Basic Law, legislation in force before 1 July 1997, laws enacted by the Legislative Council of Hong Kong after 1997, PRC laws listed in Annex III to the Basic Law, common law and equity, subordinate legislation, customary law |
| Legislative body | Legislative Council of Hong Kong |
| Function of the Legislative Council | Making laws, approving budgets and public expenditure, monitoring the work of the government |
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What You'll Learn
- Hong Kong's legal system is based on English common law
- Hong Kong's legal profession was open to foreign law firms before 1997
- Hong Kong's legal system is based on the 'one country, two systems' principle
- Hong Kong's Basic Law is its constitutional document
- Hong Kong's legal system is based on the rule of law and an independent judiciary
Hong Kong's legal system is based on English common law
In 1984, the UK and the PRC mutually agreed that Hong Kong would be returned to China after 1997. The Hong Kong Basic Law, which is a law passed by the Chinese National People's Congress, came into effect in 1997, becoming the constitutional document in Hong Kong. The law was passed in accordance with Article 31 of the Chinese Constitution, which authorized the establishment of the Special Administrative Region.
Hong Kong's Basic Law sets out the status of Hong Kong as a Special Administrative Region of the PRC, the 'one country, two systems' principle, the political structure of Hong Kong, and the rights and duties of Hong Kong residents. The 'one country, two systems' principle allowed Hong Kong to maintain its previous capitalist system and way of life, including its legal system, which is distinct from that of mainland China.
Hong Kong's administrative law is heavily modelled on its counterpart in England and Wales, especially the law of judicial review. This applies both to the procedure and grounds of judicial review, though there are some areas of divergence. Some aspects of administrative law, such as administrative tribunals, were originally modelled on their counterparts in England and Wales but have not been systematically reformed for decades.
The HKSAR's legislature is the Legislative Council, and the Basic Law prescribes the specific method for forming the Legislative Council and its procedures for voting on bills and motions. Under the Basic Law, the Legislative Council's functions include making laws, approving budgets and public expenditure, and monitoring the work of the government in general. The Judiciary is responsible for the administration of justice in Hong Kong and hears all prosecutions and civil disputes.
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Hong Kong's legal profession was open to foreign law firms before 1997
Hong Kong's legal system was developed under British governance and is based on English common law. The Basic Law, which came into effect in 1997, is the constitutional document in Hong Kong. It outlines Hong Kong's status as a Special Administrative Region of the PRC, the "one country, two systems" principle, and the rights and duties of Hong Kong residents.
Hong Kong's legal profession has historically been attractive to foreign firms due to the relative ease of entry compared to the PRC. Under the "one country, two systems" rule, foreign law firms face less strict regulations in Hong Kong than they would in the PRC. This has resulted in an influx of foreign law firms, providing Hong Kong with a diverse range of legal expertise to support international clients.
Before 1997, Hong Kong's thriving property market provided a stable source of income for local law firms, which charged "scale charges" for conveyancing services. However, after 1997, the property market slowed, and the system of "scale charges" was abolished, making it challenging for Hong Kong law firms to adapt to the changing market. The legal services market in Hong Kong gradually opened up, and legal fees began to operate according to market principles, increasing competition from foreign firms.
Hong Kong law firms have had to diversify their practices and seek new business opportunities outside of Hong Kong, including in Mainland China. They have also had to compete with PRC firms, which have become more sophisticated and competitive over time. Despite these challenges, Hong Kong remains an attractive market for foreign law firms, with the number of registered foreign firms increasing by over 15% between 2023 and 2024.
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Hong Kong's legal system is based on the 'one country, two systems' principle
Hong Kong's legal system is based on the "one country, two systems" principle, which was established in the 1984 Sino-British Joint Declaration. Under this principle, Hong Kong's legal system, developed under British rule, would remain unchanged for 50 years after the transfer of sovereignty to China in 1997. This means that Hong Kong's legal system is based on common law, which is distinct from the civil law system in Mainland China.
Hong Kong's legal system is a legacy of British colonial rule, where it was developed based on English common law. During this time, judicial cases could be appealed to the Judicial Committee of the Privy Council in the UK. The Basic Law, which came into effect in 1997, is the constitutional document that outlines the "one country, two systems" principle and sets out the status of Hong Kong as a Special Administrative Region (HKSAR) of the People's Republic of China (PRC). It also establishes the political structure of Hong Kong and the rights and duties of Hong Kong residents.
The Basic Law provides the constitutional framework for the HKSAR legal system, which is based on the rule of law and the independence of the judiciary. The Legislative Council of Hong Kong, as prescribed by the Basic Law, is responsible for making laws, approving budgets and public expenditure, and monitoring the work of the government. The Judiciary is responsible for administering justice, hearing all prosecutions, and civil disputes.
Hong Kong's legal system, as a result of the "one country, two systems" principle, is unique in that it operates independently from the legal system in Mainland China. While some PRC laws do apply in Hong Kong, the HKSAR legal system is primarily based on common law and supplemented by statutes. This has allowed foreign law firms to establish a presence in Hong Kong, as they face less strict regulations compared to the PRC.
The "one country, two systems" principle has ensured that Hong Kong's legal system remains separate and distinct from that of Mainland China, preserving the region's previous capitalist system and way of life. This arrangement is set to continue until 2047, 50 years after the transfer of sovereignty, as agreed in the Sino-British Joint Declaration.
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Hong Kong's Basic Law is its constitutional document
Hong Kong's legal system was developed under British governance, based on English common law. Under British rule, the constitutional documents that governed Hong Kong were the Letters Patent and the Royal Instructions. In 1984, the UK and the PRC mutually agreed that Hong Kong would be returned to China after 1997. The Hong Kong Basic Law, which is a law passed by the Chinese National People's Congress, came into effect in 1997, becoming the constitutional document in Hong Kong.
The Basic Law was adopted at the Third Session of the Seventh National People's Congress on 4 April 1990 and was officially promulgated on the same day. It is a constitutional document of the Hong Kong Special Administrative Region (HKSAR) that sets out clearly the country's basic policies regarding Hong Kong. It enshrines within a legal document the important concepts of "one country, two systems", "Hong Kong people administering Hong Kong", and a high degree of autonomy.
The Basic Law sets out the status of Hong Kong as an HKSAR of the PRC, the one country, two systems principle, the political structure of Hong Kong, and the rights and duties of Hong Kong residents. It also prescribes the various systems to be practised in the HKSAR and sets out the blueprint for the HKSAR's future development. The Basic Law has been in effect since 1 July 1997, safeguarding the prosperity and stability of Hong Kong and protecting the rights and freedoms of Hong Kong residents.
The Basic Law contains provisions that offer protection for human rights. It also sets out the sources of law, the relationship between Hong Kong and the Central Government (State Council), the fundamental rights and duties of Hong Kong residents, and the branches of local government. The Basic Law was composed to implement Annex I of the 1984 Sino-British Joint Declaration, which stipulated that Hong Kong would maintain its previous capitalist system and way of life, including its legal system, for 50 years after the handover of sovereignty in 1997.
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Hong Kong's legal system is based on the rule of law and an independent judiciary
In 1984, the UK and the PRC agreed that Hong Kong would be returned to China after 1997 and would be governed by the ""one country, two systems" principle, under which Hong Kong's previous capitalist system and way of life, including its legal system, would remain unchanged for 50 years until 2047. The Hong Kong Basic Law, which is a law passed by the Chinese National People's Congress, came into effect in 1997 and became the constitutional document in Hong Kong. The Basic Law sets out the status of Hong Kong as a Special Administrative Region of the PRC, the "one country, two systems" principle, the political structure of Hong Kong, and the rights and duties of Hong Kong residents.
Administrative law in Hong Kong is heavily modelled on its counterpart in England and Wales, especially in the law of judicial review, though there is some divergence in various areas. Some aspects of administrative law, such as administrative tribunals, were originally modelled on their counterparts in England and Wales but have not been systematically reformed for decades. The Basic Law contains provisions that offer protection for human rights.
The HKSAR's legislature is the Legislative Council, and the specific method for forming the Legislative Council and its procedures for voting on bills and motions are prescribed by the Basic Law. The functions of the Legislative Council include making laws, approving budgets and public expenditure, and monitoring the work of the government in general. The Judiciary is responsible for the administration of justice in Hong Kong and hears all prosecutions and civil disputes.
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Frequently asked questions
Yes. Hong Kong's legal system is based on common law, supplemented by statutes.
Hong Kong's legal system was developed under British governance and based on English common law. After the transfer of sovereignty over Hong Kong, the Basic Law—passed by the Chinese National People's Congress—became the constitutional document in Hong Kong.
Under the principle of "one country, two systems," Hong Kong's legal system is separate from that of Mainland China. This principle allowed Hong Kong to maintain its previous capitalist system and way of life, including its legal system, for 50 years after the UK returned sovereignty of Hong Kong to China in 1997.
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