Hong Kong

Legal system and judiciary

:Main articles: Legal system of Hong Kong and Judiciary of Hong Kong

Related Topics:
Legal system of Hong Kong - Judiciary of Hong Kong

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In contrast to mainland China's civil law system, Hong Kong continues to follow the common law tradition established by British colonial rule. Article 84 of the Basic Law of Hong Kong allows Hong Kong's courts to refer to decisions (precedents) rendered by courts of foreign jurisdictions and to invite foreign judges to participate in proceedings of Hong Kong's Court of Final Appeal.

Related Topics:
Civil law - Common law - Basic Law of Hong Kong - Court of Final Appeal

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Structurally, Hong Kong's court system consists of the Court of Final Appeal which replaced the Judicial Committee of the Privy Council, the High Court, which is made up of the Court of Appeal and the Court of First Instance, and the District Court, which includes the Family Court. Other adjudicative bodies include the Lands Tribunal, the Magistrates' Courts, the Juvenile Court, the Coroner's Court, the Labour Tribunal, the Small Claims Tribunal, and the Obscene Articles Tribunal, which is responsible for classifying non-video pornography to be circulated in Hong Kong. Justices of the Court of Final Appeal are appointed by Hong Kong's Chief Executive. The Basic Law of Hong Kong is subject to interpretation by the Standing Committee of the National People's Congress and this power has been invoked three times: the right of abode issue, an interpretation regarding post-2008 election procedures, and an interpretation regarding the length of the term of the Chief Executive.

Related Topics:
Court of Final Appeal - Judicial Committee of the Privy Council - High Court - Court of Appeal - Court of First Instance - District Court - Family Court - Standing Committee of the National People's Congress - Right of abode issue

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As in England, lawyers in Hong Kong are classed as barristers and solicitors, where one can choose to practice as one or the other but not both. The vast majority of lawyers are solicitors who are licensed and regulated by the Law Society of Hong Kong. Barristers, meanwhile, are licensed and regulated by the Hong Kong Bar Association. Only barristers are allowed to appear in the Court of Final Appeal and the High Court. Just as the common law system is maintained, so are British courtroom customs such as the wearing of robes and wigs by both judges and lawyers.

Related Topics:
England - Barristers - Solicitors - Law Society of Hong Kong - Hong Kong Bar Association

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