Open university of hong kong hong kong legal system and legal. The court system ensures the enforcement of contracts and effective resolution of disputes. Prostitution in hong kong is legal, but subject to various restrictions, mainly intended to keep it away from the public eye. These restrictions are manifested in the form of prohibiting a whole host of activities surrounding prostitution, including soliciting and advertising for sex, working as pimps, running brothels and organised prostitution. Get the best hong kong legal system notes for the pcll conversion exams. Information based on the departmental publication legal system in hong kong printed in 2008. Economic freedom of the world in 20 the authors of the report, james gwartney, robert lawson, and joshua hall, pro vide an overview of the report and discuss why economic freedom is. 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 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. Still, serious doubts have emerged over the quality of the translations and whether hong kong is ready to operate a truly bilingual legal system. Healy consultants has the expertise and experience to advise our clients on the optimum corporate structure for hong kong business setup. Hong kongs legal environment provides a strong foundation for its free market, competitive economy. Are the judgments made by the hong kong courts enforceable in other countries.
An introduction to the hong kong legal system book, 1998. The legal system of the hong kong special administrative region hksar is separate from the mainlands. Hks advanced legal system is essential for restoring confidence and defending the rule of law. 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.
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. Business entities in hong kong choosing the right vehicle and strategy for starting a business in a new jurisdiction is an important decision to make. Peter wesleysmith freshly revised and updated, this concise introduction to the legal system of hong kong provides an overview of the sources of law including the mysteries of the common law as well as its. Bryan ohare, partner of hill dickinson provides with a brief overview of the hong kong legal system.
Hong kongs court of final appeal cfa, replacing the former role of the. The fourth edition of the englishchinese glossary of legal terms was published in december 2004. This book is the result of a perceived need for an updated work on the general principles of law in hong kong intended for use by nonlaw students and professionals, and the general public. Dec 06, 2018 hong kong legal system read whole topic back print forward. 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. Currently, national laws are included in annex iii to the basic law. Under the principle of one country, two systems enshrined in the basic law, hong kong enjoys high degree of autonomy from the mainland china.
Mar 17, 1988 an introduction to the hong kong legal system book. Hong kong laws are generally composed of the basic law, common law, rules of equity and statute law. The judgments and awards of the hong kong high court and above may be enforced in most common law jurisdictions or in consequence of international agreements and arrangements in a number of foreign countries. Perc undertook this report in 2014 as part of a contract to compare court system of a specific government client with those of hong kong and. Contract law in hong kong is the first comprehensive textbook on this topic for more than ten years.
Clic hong kong legal system other government legal. Hence, the then hong kong government speeded up the bilingualism in 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. This will allow hong kongs judicial system to hold fully bilingual trials after the handover to china in june, he said. Students guide to legal materials of hong kong 2019 2020. Hong kong legal system read whole topic back print forward. The legal system 31 the governing body for hong kongs 1 089 barristers is the hong kong bar association. Grenville cross get to know hong kongs court system hk. The basic law of the hksar was enacted by the national peoples congress in accordance with the constitution of the peoples republic of china. 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. This book provides an introduction to the legal system in hong kong. 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.
The judgments and awards of the hong kong high court and above may be enforced in most common law jurisdictions or in consequence of international agreements and arrangements in a. Aug 07, 2017 bryan ohare, partner of hill dickinson provides with a brief overview of the hong kong legal system. The connecting jurisdiction between chinese parties and foreign parties sarah grimmer, secretarygeneral, hong kong international arbitration centre. In the early 1990s, the bilingual legal system programme was also launched aiming at promoting the greater use of chinese in courts. You may find the table of contents to be a quick and useful overview of the law to be applied. The rule of law refers to some of the fundamental principles of law that govern the way in which power is exercised in hong kong.
Apr 20, 2016 hong kong common law is based on the commonlaw principles of england and wales, so we would expect a fairly high natural convergence in the overall structure of the laws in both places. Pcll conversion notes hong kong legal system notes. Topic 1 hong kong legal system part a 1 what is lawlegal system. Introduction to the hong kong criminal justice system on jstor. The bl took effect on 1 july 1997 on the establishment of the hksar. Cclw4001 introduction to hong kong law and legal practice.
Free access to html textbooks is now available again and is being offered direct to higher education institutions. Particular emphasis is placed on what makes hong kong law different from other common law jurisdictions. Clic hong kong legal system sources of law in hong kong. Mar 05, 2020 hong kong s legal environment provides a strong foundation for its free market, competitive economy. An introduction to the hong kong legal system by peter wesley.
Paper 6 hong kong business law aim this paper aims at providing students with an awareness of the overall legal framework in which business in hong kong operates and at enabling them to apply the relevant legal rules and practices to business problems and practical situations. To introduce students to the concept of law, with particular reference to the hong kong legal system. 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. Legal environment business information for hong kong and. The substantial differences between hong kongs economic, legal, constitutional, and political systems and chinas may explain the subtle conflicts that the. Our legal system pcll conversion notes are the leading online study resource for hong kong pcll conversion examinations. The lower courts tend to conduct proceedings in cantonese whereas the higher courts use english, although you have a right to use either. The courts in hong kong hear and adjudicate all prosecutions and civil disputes, including all public and private law matters. Investment opportunities and the legal system in hong kong. What are the differences between the legal system of england. Different searching and viewing modes are available to facilitate access to law. Hong kong elegislation hkel is the official database of hong kong legislation.
Hong kong legal system open and accessible to the outside world. Introduction 1997 will be a momentous year for hong kong a year dominated by the great and historic event. The basic law ensures that the legal system in the hksar will continue to give effect to the rule of law by providing that the laws previously in force in hong kong shall be maintained, save for any that contravene the basic law and subject to any subsequent amendment by the hksar legislature. 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 principle of one country, two systems, the hksars legal system differs from that of the mainland, and is based on the common law. The legal system of the hong kong special administrative region hksar is based on the rule of law and the independence of the judiciary. 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. How similar and different are the laws of hong kong to the. The committee groups lawyers, linguists, academics and legislators. Clic hong kong legal system court structure and the.
The impartial judiciary is independent of the legislative and executive. Already the chinese have indicated that they may not abide by. The development of the hong kong legal system, 18421997. 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. View notes the legal system in hong kong from law 1002 at punjab engineering college. Kongs main constitutional instrument, the letters patent, if they are. Hong kong elegislation view english chinese glossary. On july 1, 1997, the peoples republic of china resumed the exercise of sovereignty over hong kong. Introduction to hong kong law and legal practice course code. Drafting and making legislation in hong kong drafting legislation in hong kong a guide to styles and practices how legislation is made in hong kong a drafters view of the process. The hong kong criminal justice system is a fascinating but perhaps temporary structure. It underscores hong kongs strategic importance for doing business in china, explains the taxation systems, and also takes you through the process of setting up a company in hong kong and in the mainland. Open university of hong kong hong kong legal system and.
The 16 chapters of the book cover all basic contract concepts in a readerfriendly style, which makes ample use of case illustration. The legal system of the hong kong special administrative. 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. While there are publications on specific legal fields, no recent book includes several.
There are minimal legal procedures to register a company or to set up a business. To develop techniques for further legal study, with special emphasis on statutory interpretation and. What is the influence of the basic law on the hong kong legal system. In comparison, the prc has a civil law system with socialist roots. 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. Rule of law the rule of law is fundamental to hong kongs success. Download free pdf sample pcll conversion notes and model exams to help you pass your pcll conversion examinations. It is fundamental to the hong kong legal system that members of the judiciary are independent of the executive and legislative branches. The connecting jurisdiction between chinese parties and foreign parties sarah grimmer, secretarygeneral, hong kong international arbitration centre transcript. An introduction to the hong kong legal system book. Hong kong common law is based on the commonlaw principles of england and wales, so we would expect a fairly high natural convergence in the overall structure of the laws in both places. Nov 09, 2015 1 language court proceedings can take place in either english or cantonese. The legal system of the hong kong special administrative region. A fee may be charged upon approval of the application.
It is fundamental to hong kongs legal system that members of the judiciary. After 1997, when hong kong ceases to be a british colony and reverts to chinese sovereignty, the existing institutions may be dramatically changed. Such access is crucial for hong kong as an international center of trade, finance, and commerce. The bars code of conduct governs their conduct and etiquette.
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