Since the Basic Law came into effect on July 1, 1997, Hong Kong has, for the first time, a detailed written constitution. Litigants are able to base their arguments on provisions of the Basic Law, and challenge actions that they believe are inconsistent with them.

Legal challenges based on the Basic Law have been launched in a wide variety of cases. One significant group of cases focused on the right of abode in Hong Kong of various categories of persons. Other constitutional challenges have included the right to use the Chinese language in courts, the freedom to travel and enter the HKSAR, the determination by the Chief Executive of the minimum term of an indeterminate sentence, the offence of misconduct in public office, the power of the Chief Executive to pardon persons convicted of criminal offences or commute their penalties, the power of final adjudication of the Court of Final Appeal, the right to legal representation and the freedom of speech and of assembly. The gradual development of a body of jurisprudence on the Basic Law serves to reinforce its effectiveness in determining the rights, obligations, powers and privileges guaranteed to the people of Hong Kong.