A Monthly Roundup of News and Events in Hong Kong
June - July 2009  

basic law

The Basic Law (BL) is the constitutional document of the Hong Kong Special Administrative Region (HKSAR). It enshrines within a legal document the important concepts of “One Country, Two Systems.” Under this principle, socialist policies of mainland China are not practiced in Hong Kong.

The Basic Law provides the guarantees to maintain Hong Kong’s existing way of life, including socioeconomic development, the rights and duties of Hong Kong people, the rule of law and other areas.

The Basic Law was put into effect July 1, 1997. 

Q1: Has the HKSAR enjoyed executive, legislative and independent judicial power?

A1: Yes. The HKSAR exercises a high degree of autonomy and enjoys executive, legislative and independent judicial power, including that of final adjudication. The Chief Executive heads the HKSAR, advised by his appointed “cabinet,” the Executive Council. The fully elected legislature enacts legislation, while the independent judiciary dispenses justice free from interference. (BL Articles 2; 16; 17; 19; 43; 54; 55; 66; 68; 73; 85)
      
Q2: Has there been any interference in the independence of the judiciary?

A2: No. Hong Kong’s robust and respected court system exercises judicial power independently, free from any interference. The power of final adjudication is vested with the Court of Final Appeal of the HKSAR, which may as required invite judges from other common law jurisdictions to sit on the Court of Final Appeal. The principle of trial by jury previously practiced in Hong Kong is maintained.  (BL Articles 2; 19; 81; 82; 85; 86)

 


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ã 2009, Hong Kong Economic & Trade Office in New York