Legal Writing-Day 1

Source of HK Law Before and After 1 July 1997

Prior to changeover, HK law consists of the Letters Patent, Acts of UK Parliaments, local ordinances, common law and equity as well as the Chinese law and customs. After the handover, sources of HK law are the Basic Law, selected national laws in relation to defence and foreign affair, local ordinances, laws previously in force in HK as far as not inconsistent with the Basic Law as well as traditional Chinese customary law. 

It is true that a significant proportion of law in force prior to 1 July 1997 has been preserved by Article 8 under which ordinance, subordinate legislation, common law, equity, customary law are carried forward except those results in contravention of the Basic Law. 

However, it should be noted that the NPCSC is vested with the final power of interpretation of the Basic Law under Article 158 and the HK courts are bound to follow such interpretation. This is a unique outcome produced by the One Country Two Systems and marks a significant difference between the pre and post handover era. 

Further points 

1. Private member bills 

2. Unlimited scope for national law under state emergency?