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This chapter discusses how laws are made in Hong Kong by studying the process of legislation. Issues are discussed surrounding how the Basic Law limits the scope of certain legislation and who has the authority to create legislation. Readers are taken through the step-by-step process of lawmaking in Hong Kong from the proposal to how a bill achieves status as law in Hong Kong. Both the passage of primary legislation and secondary legislation are illustrated. The interactions and balance between branches of government and between governments (the HKSAR and the PRC) are exemplified in the process of legislation.
The first chapter outlines the aims of the book, which is to provide an introduction to the Hong Kong legal system especially for first-year law students, but also for students of other disciplines, and practitioners and scholars from other jurisdictions who are looking for a comprehensive and user-friendly overview of Hong Kong’s legal system. It also highlights the key elements of that system, discussing its rules and principles, namely the rule of law, separation of powers and the independence of the judiciary, as well as legal institutions and legal personnel. This chapter traces the historical development of Hong Kong’s legal system, from the acquisition of Hong Kong by the British and the importation of English law (including common law) into colonial Hong Kong to the transfer of sovereignty of Hong Kong to the People’s Republic of China (PRC) in 1997 and the present-day legal framework under ‘one country, two systems’.
This chapter focuses on the civil justice system in Hong Kong. It provides readers with an overview of civil litigation and its processes, from starting an action to remedies. Key stages of civil procedure, such as summary and default judgment, discovery and injunctions, are highlighted and discussed. The drawbacks to civil litigation are also examined. The second part of this chapter looks at the Civil Justice Reform that occurred in Hong Kong in 2009, discussing the changes that were implemented in order to enhance efficiency, cost-effectiveness and fairness for individuals going through the civil justice system in Hong Kong.