The Basic Law (BL) is the constitutional document of the Hong Kong Special Administrative Region (HKSAR). It enshrines within a legal document the important concept of “One Country, Two Systems.” Under this principle, socialist policies of mainland China are not practiced in the HKSAR.
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 there been any interference in the independence of the judiciary?
A1: 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)
Q2: Have the laws previously in force in Hong Kong been maintained?
A2: The Basic Law provides that laws previously in force in Hong Kong, that is, the common law, rules of equity, ordinances, subordinate legislation and customary law, shall be maintained and adopted as laws of the HKSAR, except for any that contravene the Basic Law and subject to any amendment by the HKSAR legislature. (BL Article 8; 18(1); 160)