The law of the Hong Kong Special Administrative Region has its foundation in the
English common law
English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures.
Principal elements of English law
Although the common law has, historically, bee ...
system, inherited from being a
former British colony and dependent territory. There are several sources of law, the primary ones being statutes enacted by the
Legislative Council of Hong Kong
The Legislative Council of the Hong Kong Special Administrative Region (LegCo) is the unicameral legislature of Hong Kong. It sits under China's " one country, two systems" constitutional arrangement, and is the power centre of Hong Kong ...
and
case law
Case law, also used interchangeably with common law, is law that is based on precedents, that is the judicial decisions from previous cases, rather than law based on constitutions, statutes, or regulations. Case law uses the detailed facts of a l ...
made by decisions of the courts of Hong Kong.
Since the
handover
In cellular telecommunications, handover, or handoff, is the process of transferring an ongoing call or data session from one channel connected to the core network to another channel. In satellite communications it is the process of transfe ...
in 1997, the constitutional framework is provided by the
Hong Kong Basic Law
The Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China is a national law of China that serves as the organic law for the Hong Kong Special Administrative Region (HKSAR). Comprising nine chapters, 160 ...
, which is a piece of
National Law
A central government is the government that is a controlling power over a unitary state. Another distinct but sovereign political entity is a Federation#Federal governments, federal government, which may have distinct powers at various levels of ...
of the
People's Republic of China
China, officially the People's Republic of China (PRC), is a country in East Asia. It is the world's most populous country, with a population exceeding 1.4 billion, slightly ahead of India. China spans the equivalent of five time zones and ...
and has, practically, constitutional status in Hong Kong. The principle of ‘
one country, two systems
"One country, two systems" is a constitutional principle of the People's Republic of China (PRC) describing the governance of the special administrative regions of Hong Kong and Macau.
The constitutional principle was formulated in the early ...
’ was enshrined in Article 5 of the Basic Law until at least 2047, which contrasts the ‘socialist system and policies’ and ‘the previous capitalist system and way of life’.
The Basic Law provides that the common law system shall be maintained. Some commentators described the theoretically hybrid system of
civil law and common law as unique, although there are similar arrangements all over the world. Other commentators point to the
socialist law
Socialist law or Soviet law denotes a general type of legal system which has been (and continues to be) used in socialist and formerly socialist states. It is based on the civil law system, with major modifications and additions from Marxis ...
tradition instead of the civil law tradition.
Primary legislation
Primary legislation and secondary legislation (the latter also called delegated legislation or subordinate legislation) are two forms of law, created respectively by the legislature, legislative and executive (government), executive branches of ...
in Hong Kong are usually known as ‘Ordinances’, instead of ‘Acts’. The published, consolidated copies of Ordinances are given chapter numbers in ''Laws of Hong Kong'' and in the official online database.
Some National Laws on foreign affairs and the national flag apply directly in Hong Kong by virtue of stipulations in Article 18 and Annex III of the Basic Law. The imposition of the National
Law on Safeguarding National Security in the HKSAR has been authorized by a National People's Congress Decision which, in a practical sense, overrides the Basic Law.
History and the Basic Law
Hong Kong's legal system was developed under British governance, based on the
English common law
English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures.
Principal elements of English law
Although the common law has, historically, bee ...
. Under British rule, the constitutional documents that governed Hong Kong were the
Letters Patent and the
Royal Instructions
Royal instructions are formal instructions issued to governors of the United Kingdom's colonial dependencies, and past instructions can be of continuing constitutional significance in a former colonial dependency or Dominion.
Content
Traditional ...
, and judicial cases were generally appealable to the
Judicial Committee of the Privy Council
The Judicial Committee of the Privy Council (JCPC) is the highest court of appeal for the Crown Dependencies, the British Overseas Territories, some Commonwealth countries and a few institutions in the United Kingdom. Established on 14 Augus ...
in the UK.
In the 1984
Sino-British Joint Declaration
The Sino-British Joint Declaration is a treaty between the governments of the United Kingdom and China signed in 1984 setting the conditions in which Hong Kong was transferred to Chinese control and for the governance of the territory after ...
, the UK and the PRC mutually agreed that Hong Kong would be returned to China after 1997. Hong Kong would be governed by the "
one country, two systems
"One country, two systems" is a constitutional principle of the People's Republic of China (PRC) describing the governance of the special administrative regions of Hong Kong and Macau.
The constitutional principle was formulated in the early ...
" principle, under which Hong Kong's previous capitalist system and way of life, including the legal system, would remain unchanged for a period of 50 years until 2047.
The
Hong Kong Basic Law
The Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China is a national law of China that serves as the organic law for the Hong Kong Special Administrative Region (HKSAR). Comprising nine chapters, 160 ...
, which is a law passed by the Chinese
National People's Congress
The National People's Congress of the People's Republic of China (NPC; ), or simply the National People's Congress, is constitutionally the supreme state authority and the national legislature of the People's Republic of China.
With 2, ...
, came into effect in 1997, becoming the constitutional document in Hong Kong. The law was passed in accordance with Article 31 of the
Chinese Constitution
The Constitution of the People's Republic of China is the supreme law of the People's Republic of China. It was adopted by the 5th National People's Congress on December 4, 1982, with further revisions about every five years. It is the fou ...
, which authorized the establishment of
Special Administrative Regions
The special administrative regions (SAR) of the People's Republic of China are one of the provincial-level administrative divisions of the People's Republic of China directly under the control of its Central People's Government (State Co ...
. The Basic Law sets out the status of Hong Kong as a Special Administrative Region of the PRC, the one country, two systems principle, the political structure of Hong Kong, and the rights of duties of Hong Kong residents.
Legal areas
Administrative law
Administrative law in Hong Kong is heavily modelled on its counterpart in
England and Wales
England and Wales () is one of the three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. The substantive law of the jurisdiction is Eng ...
, especially the law of judicial review. This applies both to the procedure and grounds of judicial review, though there is some divergence in various areas. Some aspects of administrative law, for example administrative tribunals, were originally modelled on their counterparts in England and Wales but have not been systematically reformed for decades.
Constitutional law
The Hong Kong Basic Law contains the essentials of the constitutional framework in the Hong Kong Special Administrative Region. Article 8 stipulates that all laws in force before 1997, including
the common law, rules of equity, ordinances, subordinate legislation and customary law shall be maintained, except for any that contravene this Law, and subject to any amendment by the legislature of the Hong Kong Special Administrative Region.
Article 18 states, further, that national laws, from the
People's Republic of China
China, officially the People's Republic of China (PRC), is a country in East Asia. It is the world's most populous country, with a population exceeding 1.4 billion, slightly ahead of India. China spans the equivalent of five time zones and ...
do not apply, except for a specific list in Annex III to the Basic Law, to which the
Standing Committee of the National People's Congress can add or delete what it chooses. However, this may only be in the fields of "defence and foreign affairs as well as other matters outside the limits of the autonomy of the Region as specified by this Law". It also has a derogation, in a war situation, for a state of emergency to be declared.
Hence, the laws in force are in hierarchical order are
The Hong Kong Basic Law
The Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China is a national law of China that serves as the organic law for the Hong Kong Special Administrative Region (HKSAR). Comprising nine chapters, 160 ar ...
; legislation in force before 1 July 1997 that was adopted as laws of the HKSAR by the
Standing Committee of the National People's Congress; laws enacted by the
Legislative Council of Hong Kong
The Legislative Council of the Hong Kong Special Administrative Region (LegCo) is the unicameral legislature of Hong Kong. It sits under China's " one country, two systems" constitutional arrangement, and is the power centre of Hong Kong ...
after 1997; and PRC laws listed in Annex III to the Basic Law and applied by way of promulgation or legislation; common law and equity; subordinate legislation; customary law.
Currently, twelve PRC laws apply in the HKSAR. These national laws apply in Hong Kong by the Hong Kong legislature legislating on the same matter: for example, the Law of the People's Republic of China on the National Flag, a Chinese statute, takes effect in Hong Kong in form of the National Flag and National Emblem Ordinance, a local statute enacted by the local legislature.
The Basic Law contains provisions that offer protection for human rights. Any laws that contravene the Basic Law are unconstitutional and are of no effect. Hong Kong has a Bill of Rights Ordinance which is the local adaptation of the
International Covenant of Civil and Political Rights
The International Covenant on Civil and Political Rights (ICCPR) is a multilateral treaty that commits nations to respect the civil and political rights of individuals, including the right to life, freedom of religion, freedom of speech, freedom ...
. Laws have been passed to ensure the human rights protected in the Basic Law and the Bill of Rights, such as the Personal Data (Privacy) Ordinance, Disability Discrimination Ordinance, Family Status Discrimination Ordinance, Sex Discrimination Ordinance and Race Discrimination Ordinance.
Criminal law
Family law
Family law in Hong Kong is heavily modelled on its counterpart in England and Wales with important modifications.
Ancillary relief
Hong Kong does not have a statutory matrimonial property regime. There is no system of "community of property" and property rights are not in principle affected by marriage. Instead, the
family courts
Family courts were originally created to be a Court of Equity convened to decide matters and make orders in relation to family law, including custody of children, and could disregard certain legal requirements as long as the petitioner/plaintiff ...
have very broad discretion to make a range of financial orders upon a decree of divorce pursuant to the
Matrimonial Proceedings and Property Ordinance (Cap 192), namely for: periodical payments, secured periodical payments, lump sum payments, transfers or sale of property, settlement of property (into a trust), and variation of settlements. Similarly, there are powers to make orders for maintenance pending suit once divorce proceedings have begun. These are interim measures that will end once the final divorce decree is granted. In making final financial orders in favour of a spouse, courts are guided by four principles: (i) the objective of fairness, (ii) rejection of discrimination, (iii) the yardstick of equal division, and (iv) rejection of minute retrospective investigation (see
010HKCFA 70;
0106 HKC 528). They are also required to consider the following non-exhaustive list of factors (see section 7(1) of the Matrimonial Proceedings and Property Ordinance (Cap 192).
Child custody
The
family courts
Family courts were originally created to be a Court of Equity convened to decide matters and make orders in relation to family law, including custody of children, and could disregard certain legal requirements as long as the petitioner/plaintiff ...
have broad jurisdiction to deal with the welfare of children under the provisions of the
Guardianship of Minors Ordinance (Cap 13), the
Separation and Maintenance Orders Ordinance (Cap 16), the
Matrimonial Causes Ordinance (Cap 179) and the
Matrimonial Proceedings and Property Ordinance (Cap 192). Additionally, the High Court's has broad powers under its inherent jurisdiction including wardship. In parental disputes, generally the courts are concerned with making orders for custody, care and control, and access. These orders are distinct from questions of financial responsibility for children (i.e. "maintenance"). Access is the right to have contact with the child, it may be unsupervised or supervised (i.e. where there are concerns about the impact of contact on the child); undefined (sometimes "reasonable" or "generous") or defined (i.e. at times specified in the order); staying (a.k.a. overnight) or "day-time". Care and control is the right to make day-to-day decisions about the child; it should not be confused with "shared care" and the notion of the primary caregiver. Custody is the right to make all important decisions affecting the child and it is generally awarded to one parent ("sole custody") or shared between both parents ("joint custody"): see
0104 HKLRD 191;
010HKCA 172.
The paramount consideration for the court is always the welfare (or "best interests") of the child; this is known as the Welfare Principle (see section 3 of Cap 13). In determining the best interests of the child, the court will generally have regard to the Welfare Checklist, i.e. the ascertainable wishes and feelings of the child concerned (considered in the light of the child's age and understanding); the physical, emotional and educational needs of the child; the likely effect on the child of any change in the child's circumstances; the child's age, sex, background and any characteristics of the child's which the court considers relevant; any harm the child has suffered or is at risk of suffering; how capable each of the parents, and any other person in relation to whom the court considers the question to be relevant, is of meeting the child's needs; the range of powers available to the court in the proceedings in question; and the general principle that any delay is likely to prejudice the welfare of the child: see
H v N [2012] 5 HKLRD 498; [2012] HKCFI 1533.
Divorce
The jurisdiction of the
family courts
Family courts were originally created to be a Court of Equity convened to decide matters and make orders in relation to family law, including custody of children, and could disregard certain legal requirements as long as the petitioner/plaintiff ...
to deal with divorce, separation and nullity of marriage is set out in the
Separation and Maintenance Orders Ordinance (Cap 16) and the
Matrimonial Causes Ordinance (Cap 179).
Procedure and evidence
Business associations
Companies Registry
The Companies Registry () is responsible for administering and enforcing the Companies Ordinance and several other related ordinances. Its primary functions include the
incorporation of local companies; the registration of oversea companies; the registration of documents required to be submitted by registered companies; the deregistration of defunct, solvent private companies; the prosecution of companies and their officers for breaches of the various regulatory provisions of the Companies Ordinance; the provision of facilities to inspect and obtain company information; and advising the Government on policy and legislative issues regarding company law and related legislation, including the Overall Review of the Companies Ordinance.
Official Receiver's Office
When appointed by the court and creditors, the Official Receiver () is responsible for the proper and orderly administration of the estates of
insolvent
In accounting, insolvency is the state of being unable to pay the debts, by a person or company ( debtor), at maturity; those in a state of insolvency are said to be ''insolvent''. There are two forms: cash-flow insolvency and balance-sheet i ...
companies ordered to be wound up by the court under the winding-up provisions of the Companies Ordinance and of individuals or partners declared
bankrupt
Bankruptcy is a legal process through which people or other entities who cannot repay debts to creditors may seek relief from some or all of their debts. In most jurisdictions, bankruptcy is imposed by a court order, often initiated by the debt ...
by the court under the Bankruptcy Ordinance.
Labour law
Property law
The Land Registry
The
Land Registry
Land registration is any of various systems by which matters concerning ownership, possession, or other rights in land are formally recorded (usually with a government agency or department) to provide evidence of title, facilitate transactions, ...
() administers the Land Registration Ordinance governing the system of
land registration and provides facilities for search of the Land Register and related records by the public and government departments. It has responsibility for the registration of owners corporations under the Building Management Ordinance.
Legal Advisory and Conveyancing Office
The Legal Advisory and Conveyancing Office (LACO, 法律諮詢及田土轉易處) is part of the Lands Department. It provides legal advice primarily to the Lands Administration Office of the Lands Department and other government departments on land related matters and ordinances. LACO is responsible for drafting and settling government land disposal and lease modification documents. LACO is also responsible for the preparation of documentation relating to the acquisition of land from private owners pursuant to statutory powers and the payment of compensation to those owners. LACO administers the Lands Department Consent Scheme to approve applications by developers to sell flats in uncompleted developments. It also approves Deeds of Mutual Covenant requiring approval under land leases. LACO also provides
conveyancing
In law, conveyancing is the transfer of legal title of real property from one person to another, or the granting of an encumbrance such as a mortgage or a lien. A typical conveyancing transaction has two major phases: the exchange of contracts ...
services to the
Financial Secretary Incorporated for the extension of non-renewable leases, the Government Property Agency for the sale and purchase of government properties and the
Secretary for Home Affairs
The Secretary for Home and Youth Affairs is the head of the Home and Youth Affairs Bureau of the Government of Hong Kong, which is responsible for local issues, and the provision of community and youth services.
List of office holders Registr ...
Incorporated for the purchase of accommodation for welfare purposes in private developments. It handles applications for the apportionment of premium and government rents under the Government Rent and Premium (Apportionment) Ordinance. In addition, it is responsible for the recovery of arrears of government rents other than rents under the Government Rent (Assessment and Collection) Ordinance.
Intellectual Property Department
The Intellectual Property Department () serves as the focal point for
intellectual property
Intellectual property (IP) is a category of property that includes intangible creations of the human intellect. There are many types of intellectual property, and some countries recognize more than others. The best-known types are patents, cop ...
policy, law and acquisition and public education on intellectual property protection. It provides expert policy advice to the Commerce, Industry and Technology Bureau and legal advice to other government departments on intellectual property. It comments on draft intellectual property bills. It operates the registries of
trade marks
A trademark (also written trade mark or trade-mark) is a type of intellectual property consisting of a recognizable sign, design, or expression that identifies products or services from a particular source and distinguishes them from other ...
,
patent
A patent is a type of intellectual property that gives its owner the legal right to exclude others from making, using, or selling an invention for a limited period of time in exchange for publishing an enabling disclosure of the invention."A p ...
s and
designs
A design is a plan or specification for the construction of an object or system or for the implementation of an activity or process or the result of that plan or specification in the form of a prototype, product, or process. The verb ''to design'' ...
. It is also responsible for registration of
copyright
A copyright is a type of intellectual property that gives its owner the exclusive right to copy, distribute, adapt, display, and perform a creative work, usually for a limited time. The creative work may be in a literary, artistic, education ...
licensing bodies.
*
Hong Kong copyright law
*
Hong Kong trade mark law
*
Patent law in Hong Kong
Obligations
International co-operation
Under the Basic Law, the HKSAR has a high degree of autonomy in external affairs. With the authority of the Central People's Government where necessary, it has concluded more than a hundred bilateral agreements with other jurisdictions. In addition, over 200 multilateral international conventions are applicable to the HKSAR. Using the name "Hong Kong, China", the HKSAR also participates on its own as a full member in international organisations and conferences not limited to states, e.g. the
World Trade Organization
The World Trade Organization (WTO) is an intergovernmental organization that regulates and facilitates international trade. With effective cooperation
in the United Nations System, governments use the organization to establish, revise, and e ...
, the
World Customs Organization
The World Customs Organization (WCO) is an intergovernmental organization headquartered in Brussels, Belgium. The WCO works on customs-related matters including the development of international conventions, instruments, and tools on topics su ...
, the
Asia-Pacific Economic Cooperation
The Asia-Pacific Economic Cooperation (APEC ) is an inter-governmental forum for 21 member economy, economies in the Pacific Rim that promotes free trade throughout the Asia-Pacific region. , etc. As part of the delegation of the People's Republic of China, representatives of the HKSAR Government participate in activities of the Hague Conference, as well as of other international organisations and conferences limited to states, such as the
International Monetary Fund
The International Monetary Fund (IMF) is a major financial agency of the United Nations, and an international financial institution, headquartered in Washington, D.C., consisting of 190 countries. Its stated mission is "working to foster globa ...
, the
World Intellectual Property Organization
The World Intellectual Property Organization (WIPO; french: link=no, Organisation mondiale de la propriété intellectuelle (OMPI)) is one of the list of specialized agencies of the United Nations, 15 specialized agencies of the United Nation ...
and the
International Civil Aviation Organization
The International Civil Aviation Organization (ICAO, ) is a specialized agency of the United Nations that coordinates the principles and techniques of international air navigation, and fosters the planning and development of international sc ...
.
Institutions
The judiciary ()
![Hong Kong Legislative Council Building](https://upload.wikimedia.org/wikipedia/commons/9/97/Hong_Kong_Legislative_Council_Building.jpg)
It is fundamental to Hong Kong's legal system that members of the judiciary are independent of the executive and legislative branches of government. The courts of justice in Hong Kong are the
Court of Final Appeal, the
High Court (which includes the
Court of Appeal and the
Court of First Instance
A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accorda ...
), the
District Court (which includes the
Family Court), the Lands Tribunal, the
Magistrates' Court
A magistrates' court is a lower court where, in several jurisdictions, all criminal proceedings start. Also some civil matters may be dealt with here, such as family proceedings.
Courts
* Magistrates' court (England and Wales)
* Magistrate's Cour ...
(which include the
Juvenile Court
A juvenile court, also known as young offender's court or children's court, is a tribunal having special authority to pass judgements for crimes that are committed by children who have not attained the age of majority. In most modern legal s ...
), the
Coroner's Court, the Labour Tribunal, the
Small Claims Tribunal and the Obscene Articles Tribunal.
Department of Justice ()
The Department of Justice (DOJ) It consists of five professional divisions responsible for legal work. It is headed by the
Secretary for Justice
A justice ministry, ministry of justice, or department of justice is a ministry or other government agency in charge of the administration of justice. The ministry or department is often headed by a minister of justice (minister for justice in a ...
, who is a member of the
Executive Council and is the Government's chief legal adviser. He has ultimate responsibility for the prosecution of all offences in the HKSAR.
* The Legal Policy Division, as well as the Secretary for Justice's Office, provides professional support to the Secretary for Justice in the execution of her duties and provides input on all legal policy issues being considered by the Government. The division advises on issues relating to the administration of justice, the legal system, the legal profession, human rights, the Basic Law and the law of
Mainland China
"Mainland China" is a geopolitical term defined as the territory governed by the People's Republic of China (including islands like Hainan or Chongming), excluding dependent territories of the PRC, and other territories within Greater China. ...
. The Law Reform Commission Secretariat, which provides research and secretarial support to The Law Reform Commission of Hong Kong, is within the division.
* The Civil Division provides legal advice to the Government on
civil law, drafts commercial contracts and franchises and conducts civil litigation, arbitration and mediation on behalf of the Government.
* The Law Drafting Division is responsible for drafting all legislation, including subsidiary legislation, in
Chinese
Chinese can refer to:
* Something related to China
* Chinese people, people of Chinese nationality, citizenship, and/or ethnicity
**''Zhonghua minzu'', the supra-ethnic concept of the Chinese nation
** List of ethnic groups in China, people of ...
and
English
English usually refers to:
* English language
* English people
English may also refer to:
Peoples, culture, and language
* ''English'', an adjective for something of, from, or related to England
** English national ide ...
, and assists in steering legislation through the Executive and
Legislative Councils. It also has editorial responsibility for the
Laws of Hong Kong and for maintaining an up-to-date version of those laws in the Bilingual Laws Information System, a computer database which is available free to the public on the Internet.
* The Prosecutions Division, headed by the Director of Public Prosecution, prosecutes trials and appeals on behalf of the HKSAR and generally exercises the Secretary for Justice's discretion whether or not to bring criminal proceedings against a person. It conducts most criminal appeals up to and including the Court of Final Appeal. It also conduct the majority of trials in the Court of First Instance and the District Court and, when necessary, it prosecutes in the Magistrates’ Court. The division also provides legal advice to law enforcement agencies and other government departments on the criminal law aspects of any proposed legislation.
* The International Law Division advises the Government on issues relating to public international law. Lawyers in this division also participate in the negotiation of agreements with other jurisdictions and handle requests to and from the HKSAR for international legal co-operation.
Law Reform Commission ()
The Law Reform Commission considers and reports on such topics as may be referred to it by the Secretary for Justice or the Chief Justice of the Court of Final Appeal of the HKSAR. Its membership includes academics, practising lawyers and prominent community members. The commission has published reports covering subjects as diverse as commercial arbitration, data protection, divorce, sale of goods and supply of services, insolvency, fraud and statutory interpretation. The recommendations in many of its reports have been implemented, either in whole or in part. It is currently considering references on privacy, guardianship and custody, domicile, privity of contract, advance directives, hearsay in criminal proceedings and conditional fees.
The legal profession
In Hong Kong, the legal profession consists of both solicitors and barristers. As of 31 December 2015, there were at least 8,647 practising
solicitors
A solicitor is a legal practitioner who traditionally deals with most of the legal matters in some jurisdictions. A person must have legally-defined qualifications, which vary from one jurisdiction to another, to be described as a solicitor and ...
and 777 local
law firms
A law firm is a business entity formed by one or more lawyers to engage in the practice of law. The primary service rendered by a law firm is to advise consumer, clients (individuals or corporations) about their legal rights and Obligation, respon ...
, plus some 77 foreign law firms, 1,299 registered foreign lawyers. And there were at least 1,378 practising
barristers in 135 chambers.
Even prior to the
transfer of sovereignty of Hong Kong
Transfer may refer to:
Arts and media
* ''Transfer'' (2010 film), a German science-fiction movie directed by Damir Lukacevic and starring Zana Marjanović
* ''Transfer'' (1966 film), a short film
* ''Transfer'' (journal), in management studies
...
, Hong Kong's legal profession was open to foreign law firms allowing foreign firms to establish a much earlier foothold in Hong Kong than in the People's Republic of China. Only on 1 July 1992, in contrast, did the PRC government open her legal services market to foreign law firms when the
Ministry of Justice A Ministry of Justice is a common type of government department that serves as a justice ministry.
Lists of current ministries of justice
Named "Ministry"
* Ministry of Justice (Abkhazia)
* Ministry of Justice (Afghanistan)
* Ministry of Just ...
issued the Provisional Regulation of Establishment of Offices by Foreign Law Firms regulation.
Thus all of the
Magic Circle
A magic circle is a circle of space marked out by practitioners of some branches of ritual magic, which they generally believe will contain energy and form a sacred space, or will provide them a form of magical protection, or both. It may be mark ...
law firms as well as major U.S. law firms have large presences in Hong Kong.
While foreign law firms face much less strict regulations than they would in the People's Republic of China due to the "one country, two systems" rule, they have seen increasing competition from local firms as PRC firms have become more sophisticated. According to Asia Law & Business, the top foreign Hong Kong law firm of 2007 was
Johnson Stokes & Master
Johnson Stokes & Master (JSM) was one of the oldest and largest law firms in Asia before it was combined into Mayer Brown on January 28, 2008 to become Mayer Brown JSM. JSM had offices in Hong Kong, where it was one of the leading law firms, an ...
(now
Mayer Brown JSM) while the top PRC law firm was
King & Wood PRC Lawyers. Chinese firms have seen rapid growth in Hong Kong in the past several years after reunification.
The legal bodies governing the conduct of solicitors and barristers are the
Law Society of Hong Kong
The Law Society of Hong Kong is the professional association and law society for solicitors in Hong Kong, established in 1907. The Hong Kong Bar Association is the equivalent association for barristers in Hong Kong.
The Law Society is currentl ...
and the
Hong Kong Bar Association
The Hong Kong Bar Association (HKBA) is the professional regulatory body for barristers in Hong Kong. The Law Society of Hong Kong is the equivalent association for solicitors in Hong Kong.
Victor Dawes SC is the current chairman of the Cou ...
, respectively. There are currently three law schools offering the
Postgraduate Certificate in Laws
The Postgraduate Certificate in Laws (PCLL; 法學專業證書) is an intensive one-year full-time (or two-year part-time) professional legal qualification programme in Hong Kong. It allows graduates to proceed to legal training before qualifyi ...
, required for starting work as a
trainee solicitor
In the United Kingdom, Australia, Hong Kong, Ireland, and certain other English common law jurisdictions, a trainee solicitor is a prospective lawyer undergoing professional training at a law firm or an in-house legal team to qualify as a full-fl ...
or
pupil barrister
A pupillage, in England and Wales, Northern Ireland, Kenya, Malaysia, Pakistan and Hong Kong, is the final, vocational stage of training for those wishing to become practising barristers. Pupillage is similar to an apprenticeship, during which ba ...
.
Legal Aid Department ()
The Director of Legal Aid is responsible for the administration of
Home Affairs Bureau
The Home and Youth Affairs Bureau () is one of the policy bureaux of the Hong Kong Government.
One of the important roles of the Home and Youth Affairs Bureau is to enhance liaison and communication with all sectors of the community inclu ...
after 1 July 2007. Eligible persons are provided with legal representation depending on their financial circumstances.
Civil cases
Legal aid is available for civil proceedings in the District Court, the Court of First Instance and the Court of Appeal (both part of the High Court), and the Court of Final Appeal. It also covers proceedings in some tribunals and certain Coroner's Court cases. An applicant must satisfy both a 'means test' and a 'merits test'. For the means test, a person whose total financial resources do not exceed $155,800 may be granted legal aid. The Director of Legal Aid may waive the upper financial limit in meritorious cases when a breach of the Hong Kong Bill of Rights or inconsistency with the International Covenant on Civil and Political Rights as applied to Hong Kong is an issue. For the merits test, the Director must be satisfied that an applicant has reasonable grounds for bringing or defending the civil proceedings to which the application relates. A person aggrieved by a decision of the Director may appeal to the Registrar of the High Court.
Criminal cases
Legal aid is available for committal proceedings in the Magistrates' Courts; cases tried in the District Court and the Court of First Instance of the High Court; and appeals from the Magistrates' Courts, and to the Court of Appeal of the High Court or the Court of Final Appeal. An applicant must satisfy the means test criteria which are the same as for civil cases. Notwithstanding that an applicant's financial resources exceed the statutory limit, the Director of Legal Aid may grant legal aid to the applicant if the Director is satisfied that it is desirable in the interests of justice to do so. However, in appeal cases, the Director of Legal Aid must be satisfied that there are meritorious grounds for appeal with a reasonable prospect of success. Notwithstanding the refusal of a legal aid application by the Director of Legal Aid, a judge may himself grant aid if the applicant has satisfied the means test. Applicants in cases involving a charge of
murder
Murder is the unlawful killing of another human without justification (jurisprudence), justification or valid excuse (legal), excuse, especially the unlawful killing of another human with malice aforethought. ("The killing of another person wit ...
,
treason
Treason is the crime of attacking a state authority to which one owes allegiance. This typically includes acts such as participating in a war against one's native country, attempting to overthrow its government, spying on its military, its diplo ...
, or
piracy
Piracy is an act of robbery or criminal violence by ship or boat-borne attackers upon another ship or a coastal area, typically with the goal of stealing cargo and other valuable goods. Those who conduct acts of piracy are called pirates, v ...
with violence may apply to a judge for granting of legal aid, and exemption from the means test and from payment of contribution.
Supplementary Legal Aid Scheme
This scheme provides legal representation to the
sandwich class whose financial resources are above the upper eligibility limit for legal aid (i.e. $155,800) but do not exceed $432,900. It covers cases involving personal injury or death, as well as medical, dental or legal professional negligence, where the claim for damages is likely to exceed $60,000. The scheme also covers claims under the Employees' Compensation Ordinance irrespective of the amount of the claim.
The Duty Lawyer Service ()
Three programmes of legal assistance, jointly administered by the Law Society and the Bar Association of Hong Kong, are subvented by the Government. The
Duty Lawyer Scheme rosters barristers and solicitors in private practice to appear in the Magistrates and Juvenile Courts on a remunerated basis. The scheme provides representation to all juveniles (defendants under 16) and to most adult defendants charged in the Magistrates' Courts who cannot afford private representation. The defendants are required to pay a handling charge of $570 upon granting of Duty Lawyer representation. In 2018, 22,546 defendants were assisted. The Free Legal Advice Scheme, staffed by over 1,126 volunteer lawyers, operates 12 sessions per week at nine evening centres. In 2018, 6,953 cases were handled. The scheme is not means tested. A free Tel-Law Service offers trilingual (Cantonese, Putonghua and English) taped information on 80 topics. Eight telephone lines operate 24 hours. In 2018, 16,439 calls were received.
See also
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Legal systems of the world
The contemporary national legal systems are generally based on one of four basic systems: civil law, common law, statutory law, religious law or combinations of these. However, the legal system of each country is shaped by its unique history and ...
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Judiciary of Hong Kong
The Judiciary of the Hong Kong Special Administrative Region is the judicial branch of the Hong Kong Special Administrative Region. Under the Basic Law of Hong Kong, it exercises the judicial power of the Region and is independent of the exec ...
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Law of the People's Republic of China
The Law of the People's Republic of China, officially referred to as the Socialist legal system with Chinese characteristics, is the legal regime of China, with the separate legal traditions and systems of mainland China, Hong Kong, and Macau.
...
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Legal system of Macao
Macau law is broadly based on law of Portugal, Portuguese law, and therefore part of the civil law (legal system), civil law tradition of continental European legal systems. Portuguese law is itself highly influenced by German law. However, many ...
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Hong Kong Basic Law
The Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China is a national law of China that serves as the organic law for the Hong Kong Special Administrative Region (HKSAR). Comprising nine chapters, 160 ...
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Hong Kong national security law
The Hong Kong national security law, officially the Law of the People's Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region, is a piece of national security legislation concerning Hong Kong. It ...
References
External links
The Legal System in Hong Kongfrom the Hong Kon
Department of Justice(2004).
Hong Kong e-LegislationGovernment GazetteLaw Reform Commission of Hong KongBasic Law Drafting History Online-University of Hong Kong Libraries, Digital Initiatives
Historical Laws of Hong Kong Online- University of Hong Kong Libraries, Digital Initiatives
Hong Kong Legal Information Institute (HKLII)- a project of China IT & Law Centre
Hong Kong Family Court Tables published by the Hong Kong Family Law Association, includes summary of Hong Kong family law principles, a guide to the recent case law and relevant statutes, and a glossary of relevant terms related to the Hong Kong family law.
Comprehensive Hong Kong Law Resource- Resources, Articles, News, Discussions & Legal Directory
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{{DEFAULTSORT:Law Of Hong Kong
Judiciary of Hong Kong
Politics of Hong Kong