Continuation of the Legal System

A central theme of the Joint Declaration and the Basic Law is one of continuity. Common law principles, and nearly all the 600-odd ordinances that were in force before July 1, 1997, continue to apply in the HKSAR.

    The ordinances require adaptation to bring them into line with the Basic Law and to reflect Hong Kong's new status as a Special Administrative Region of the PRC. In February 1997, the Standing Committee of the NPC laid down certain general principles of interpretation. These general principles provided, for example, that all references to the 'Governor' shall be construed as references to the 'Chief Executive'. The principles of interpretation were incorporated into the HKSAR's domestic law by means of the Hong Kong Reunification Ordinance in July 1997.

    Apart from that, the Government has introduced over 50 bills to make the necessary textual amendments to the ordinances. Most of the ordinances have now been adapted. The ordinances that have not yet been adapted require further deliberations on both the legal and policy issues involved.

    The continuity of the judicial system was achieved by the re-establishment of all courts and tribunals that were previously in existence (though some were renamed) and by the establishment on July 1, 1997, of the Hong Kong Court of Final Appeal which replaced the Judicial Committee of the Privy Council as the highest court of appeal for Hong Kong. All judges who were in service immediately before the reunification were reappointed by the Chief Executive. These reappointments were made in accordance with the recommendations of an independent commission the Judicial Officers Recommendation Commission. All judicial proceedings that were instituted before the resumption of sovereignty were continued by virtue of the Hong Kong Reunification Ordinance.