The legal system of the Hong Kong Special Administrative Region (HKSAR) is based on the rule of
law and the independence of the judiciary. The constitutional framework for the legal system is
provided by the Basic Law sanctioned by the National People’s Congress of the PRC. 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 written law.
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 230
bilateral agreements with other urisdictions. In addition, over 250 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 Customs Organization, the Asia-Pacific Economic Co-operation, etc.
As part of the delegation of the People’s Republic of China, representatives of the HKSAR
Government participate in activities of the The Hague Conference on Private International Law, as
well as of other international organizations and conferences limited to states, such as the
International Monetary Fund, the World Intellectual Property Organization and the International Civil
Aviation Organization.
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 comprise the
Court of Final Appeal, the High Court (which includes the Court of Appeal and the Court of First
Instance), the District Court (which includes the Family Court), the Lands Tribunal, the Magistrates’
Courts (which include the Juvenile Court), the Coroner’s Court, the Labour Tribunal, the Small
Claims Tribunal and the Obscene Articles Tribunal.
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