How does the Hong Kong Basic law ensure rule of law in Hong Kong?
The Basic Law ensures that the legal system in the HKSAR will continue to give effect to the rule of law by providing that the laws previously in force in Hong Kong shall be maintained, save for any that contravene the Basic Law and subject to any subsequent amendment by the HKSAR Legislature.
Is Hong Kong law similar to english law?
Administrative law in Hong Kong is heavily modelled on its counterpart in England and Wales, 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.
Is Hong Kong common law jurisdiction?
Under “One Country, Two Systems”, Hong Kong has retained its common law system, which has continued to thrive and operate normally.
What legal system does Hong Kong have?
Under the principle of ‘one country, two systems’, the HKSAR legal system, which is different from that of Mainland China, is based on the common law, supplemented by statutes. All legislation in force in the HKSAR is accessible on the internet at Hong Kong e- Legislation (https://www.elegislation.gov.hk).
Who makes laws in Hong Kong?
The constitutional framework for the legal system is provided by the Basic Law enacted by the National People’s Congress of the People’s Republic of China (PRC) in accordance with Article 31 of the Constitution of the PRC.
Does China have jurisdiction over Hong Kong?
The whole territory was transferred to China in 1997. As one of China’s two special administrative regions (the other being Macau), Hong Kong maintains separate governing and economic systems from that of mainland China under the principle of “one country, two systems”.
How do you address a judge in Hong Kong?
Judges of the Supreme Court In the lower courts, magistrates are addressed as “your Worship”, “Sir” or “Madam”, and district court judges as “your Honour”.
What is the 4 rule of law?
Accordingly, the rule of law encompasses the following four universal principles: “the government and its officials and agents are accountable under the law; the laws are clear, publicised, stable and fair, and protect fundamental rights, including the security of persons and property; the process by which laws are …
What are the three rules of law?
There are certain key principles contained in the Rule of Law, including:
- The government enacts law in an open and transparent manner.
- The law is clear and known, and it is applied equally to everyone.
- The law will govern the actions of both government and private persons, and their relationship to each other.
How many prisons are there in Hong Kong?
Hong Kong (China)
| Prison population total (including pre-trial detainees / remand prisoners) | 7 107 at 31.12.2020 (Hong Kong prison administration) |
|---|---|
| Number of establishments / institutions | 24 (2017 – 14 prisons, 3 drug treatment centres, 1 training centre, 1 detention centre, 4 rehabilitation centres, 1 psychiatric centre) |
Who is in charge of Hong Kong?
Incumbent Carrie Lam
| Chief Executive of Hong Kong | |
|---|---|
| Traditional Chinese | 香港特別行政區行政長官 |
| Simplified Chinese | 香港特别行政区行政长官 |
What is Law Reform Commission of Hong Kong?
The Law Reform Commission of Hong Kong was established in January 1980. The Commission considers for reform those aspects of the laws of Hong Kong which are referred to it by the Secretary for Justice or the Chief Justice.
Can the new committee to reform criminal laws do more than scratch?
Given the way the new committee to reform criminal laws has been constituted and the way it has been working, one should not expect it to more than scratch the surface. | Mikhail Mamontov (Pixabay)
What is the best example of reform in Criminal Procedure?
The best example of this is the reform of criminal procedure that culminated in the Criminal Procedure Code of 1973. Criminal procedure is, arguably, that set of laws which has the most critical impact on questions of individual liberty.
How does the Secretary for Justice report to the Legislative Council?
Under the mechanism introduced by the House Committee of the Legislative Council (LegCo), the Secretary for Justice will submit an annual report to the Administration of Justice and Legal Services Panel (AJLS Panel) of the LegCo addressing the progress on those reports which have not yet been implemented.