While legislation is enacted by the Legislative Council (or under its authority), the courts have a role in the interpretation of legislation. This chapter discusses the various common law approaches to statutory interpretation that are likely to be adopted by Hong Kong courts. Moreover, this chapter goes through the aids to interpretation within an ordinance, external aids to interpretation, presumptions which protect basic values, interpretation of the Basic Law and resolving conflicts found in bilingual legislation. A case study is used to illustrate how the courts balance different interpretive considerations. Recognising how judges interpret laws will help hone the skills of legal reasoning (thinking like a judge).

Where do lawyers look to when they wish to ascertain what the law is on a particular matter? This chapter goes over the various sources of law in Hong Kong. It starts at the top with the Basic Law, which is sometimes referred to as the ‘mini-constitution’ of Hong Kong. It covers the five interpretations of the Basic Law by the Standing Committee of National People’s Congress (NPCSC). It then takes readers through legislation, including primary and secondary legislation, and through the different parts of a statue. Case law is then examined, along with the different parts of a reported case, highlighting the parts of a judgment that constitute law. Lastly, Chinese customary law and national laws of the People’s Republic of China that are applied in Hong Kong are discussed.

This chapter outlines the system and structure of the courts in Hong Kong and discusses the concept of judicial precedent. It leads readers through the hierarchical structure of the courts and its historical development during the pre- and post-1997 periods. The different levels of the courts are examined including the Court of Final Appeal (CFA), the High Court, the District Court and Magistrates’ Courts. Different tribunals that exercise judicial power are also reviewed. The second section of this chapter deals with judicial precedents, an essential feature of the common law. The doctrine of precedent as it applies in Hong Kong is detailed, taking readers through vertical and horizontal stare decisis for each level of the courts. The status of English and overseas decisions, including Privy Council decisions in present-day Hong Kong, is discussed.

This chapter provides a general picture of the criminal justice system in Hong Kong. It highlights the roles and powers of key criminal justice agencies including the Hong Kong Police Force (HKPF), the Independent Commission Against Corruption (ICAC) and the prosecution. It includes discussion of police powers and prosecutorial decision-making. This chapter also goes through the criminal procedure, drawing attention to key decision points such as bail, court venue, the plea and the standard of proof. It concludes by looking at the various sentencing options at the court’s disposal.

This chapter provides an overview of the system of governance in the Hong Kong Special Administrative Region (HKSAR). It introduces readers to the fundamental concepts of ‘one country, two systems’ and ‘high degree of autonomy’ under the Basic Law, which provide the framework for the allocation and exercise of responsibilities over Hong Kong by the central authorities and the Hong Kong government. Within the sphere of Hong Kong’s autonomy, the Basic Law provides for the exercise of governmental powers by three arms of government: the executive, the legislature and the judiciary. The powers and functions of these three arms are outlined in this chapter, together with discussion of the doctrine of ‘separation of powers’.