A central theme of the Joint Declaration and the Basic Law
is one of continuity. Common law principles, and nearly all the
600 or so ordinances that were in force before July 1, 1997, continue
to apply in the HKSAR. Some ordinances required 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, and the Government
has introduced over 50 bills to make the necessary textual amendments
to the legislation. Most of the ordinances have now been adapted.
Ordinances that have not yet been adapted require further consideration
of the policy issues involved.
The courts and tribunals that had previously been
in existence were re-established on July 1, 1997 (though
some were renamed) and the Hong Kong Court of Final Appeal was established
on that date. This 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 July 1, 1997 were reappointed
by the Chief Executive of the HKSAR. These reappointments were made
in accordance with the recommendations of an independent commission
— the Judicial Officers Recommendation Commission. All judicial
proceedings that had been instituted before July 1, 1997 were continued
by virtue of the Hong Kong Reunification Ordinance.
|