Sources of Law in Hong Kong

Sources of Law in Hong Kong

Basic Law

  • The Basic Law is the written constitutional document and the supreme source of law in Hong Kong.

  • Any law passed by the Legislative Council (Legco) that contravenes the Basic Law is invalid and has no legal effect.

  • Article 18(1) of the Basic Law stipulates that the laws previously in force in Hong Kong serve as the sources of law.

  • Article 8 states that laws previously in force in Hong Kong shall be adopted, except those the Standing Committee of the National People's Congress (SCNPC) declares to be in contravention of the Basic Law (e.g., Cap 88 and Cap 383).

Laws Previously in Force

Common Law and Equity

  • Common Law and Equity are essentially case law.

  • These cases remain in force unless modified by legislation.

  • Hong Kong is expected to develop its own version of common law over time, as Chief Justice indicated in HKSAR v Hung Chun Wa & Anor [2006].

  • Articles 19 and 82 of the Basic Law clearly envision Hong Kong possessing independent judicial power, including final adjudication.

Chinese Customary Law

  • Article 8 includes Chinese Customary Law as an independent source of law previously in force in Hong Kong.

  • This refers to traditional Chinese Customary Law, which was a separate source of law in Hong Kong during the early period of British rule.

Ordinances

  • Article 73 of the Basic Law grants the Legco the power to enact, amend, and repeal legislation.

  • Such legislation takes the form of ordinances and secondary legislation.

  • The Hong Kong Bill of Rights Ordinance, which protects fundamental rights and freedoms, holds a special status as a constitutional source of law.

National Laws

  • Article 18(3) and Annex III address National Laws as sources of law in Hong Kong.

  • These laws can be applied locally through promulgation or legislation by Hong Kong.

  • Other PRC national laws have very little to no role and do not apply in Hong Kong.