Hong Kong Legal System
Hong Kong legal system is based on the principle of common law, inherited from the British legal system. Here is a description of Hong Kong legal system:
1. Judicial Organisation:
- Hong Kong's judicial system is independent and composed of different courts.
- The highest court in Hong Kong is the Court of Final Appeal, which is responsible for hearing appeals of last resort.
- Below the Court of Final Appeal is the High Court (comprising the Court of First Instance, and the Court of Appeal), which deals with important civil and criminal cases.
- The lower courts include the District Court, which hears lesser civil and criminal cases, and the Magistrates Court, which hears less serious criminal cases.
- There are also multiple other specialised courts (Immigration Tribunal, Small Claims Tribunal, Lands Tribunal, Labour Tribunal, etc.)
2. Common Law:
- Hong Kong applies the common law system, based on case law and precedents set by the courts.
- Decisions of higher courts are considered legal precedents and can be relied upon in other similar cases.
3. Basic Law:
- The Basic Law of Hong Kong is the supreme law of the special administrative region.
- It establishes the principle of "One country, two systems", guaranteeing a high degree of autonomy for Hong Kong and preserving its distinct legal system for 50 years from the handover to China in 1997.
4. Bar Association and Law Society:
- The Hong Kong Bar Association is the professional body for barristers, while the Law Society of Hong Kong represents solicitors.
- Barristers are members of the Hong Kong Bar Association, while solicitors are members of the Law Society.
5. Languages:
- The two official languages of the Hong Kong legal system are English and Chinese. Judicial proceedings can be conducted in either language. Those who do not have sufficient command of either English or Chinese have the right to request an interpreter specialising in their language for any legal procedure. Thus, a French person can request a French-speaking interpreter during a court hearing. The Department of Justice will make necessary arrangements in this regard, and there will be no additional costs.
Romain Pierre Levaire works in English. He can, however, intervene in cases conducted in Chinese with the assistance of a solicitor who knows the language, and interpreters working in the courts.
