The Hong Kong Legal System

OVERVIEW This book provides an introduction to the legal system in Hong Kong. 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 . These features of the Hong Kong legal system are explored in this book, which takes into account developments in the first decade or so of the new legal framework in Hong Kong since the 1997 handover. This book covers the following topics: functions and concept of law, elements of a legal system, the rule of law, the separation of powers, sources of law, the courts and the doctrine of precedent, the process of legislation, statutory interpretation, alternative methods of resolving disputes, and legal research. In providing both an exposition of the legal institutions in Hong Kong and legal method under Hong Kong s legal system (including practical guidance and examples on case law, statutory interpretation and legal research), the book is ideal for first year law students, as well as students of other disciplines who study law. KEY FEATURES Provides an introduction to the HK legal system which incorporates discussion of events and developments in the first decade or so of the new regime under the Basic Law. These developments include the various NPCSC (Standing Committee of the National People's Congress) interpretations of the Basic Law (including the recent reference to the NPCSC by the HK Court of Final Appeal in the recent decision in Democratic Republic of the Congo v China Railway Group (Hong Kong) Ltd), and new legislation affecting aspects of the legal system (new Arbitration Ordinance of 2010 and the Legislation Publication Ordinance of 2011). Provides a concise introduction on the meaning and nature of law, including an introduction to major legal theories. Provides both an enunciation of basic tenets of the rule of law as well as analysis of the scope and meaning of the doctrines of rule of law and separation of powers, plus their application in Hong Kong. While the book is suitable as an introductory text, the book also provides a degree of detail on the common law method, including understanding case law and statutory interpretation. For example, see the chapters on judicial precedent and statutory interpretation set out the relevant legal principles as applied in Hong Kong (including decisions of the Hong Kong Court of Final Appeal since 1997) as well as providing guidance and examples, which should equip first year students with the basic legal skills necessary for their legal studies. A specific chapter on alternative dispute resolution (ADR) procedures and tribunals, with the increasing importance of ADR in Hong Kong (particularly in light of the 2009 Civil Justice Reform). A concise chapter on legal research with tips and examples on finding both primary and secondary sources (from both hardcopy and electronic resources) that should equip first year students with necessary legal research skills. Extensive references to further sources for readers provided in footnotes in each chapter. Review Questions to test the student s understanding of the topics covered in each chapter.