SJ: Constitution and Basic Law basis of HKSAR

The nation’s Constitution and the Basic Law form the constitutional basis of the Hong Kong Special Administrative Region, which has developed a unique common law system, the city’s legal chief said on Monday.

Secretary for Justice Teresa Cheng Yeuk-wah made the remarks while giving a speech at the Ceremonial Opening of Legal Year 2019, a prominent annual event for the city’s legal sector attended by hundreds of practitioners.

“One fundamental aspect of the constitutional order of Hong Kong that is sometimes overlooked is that it is premised on both the Constitution of the People’s Republic of China and the Basic Law of the HKSAR,” explained Cheng.

The justice secretary said the Constitution and the Basic Law together form the true constitutional basis of the HKSAR — something which cannot be disputed.

Under the “One Country, Two Systems” principle, Hong Kong has retained its common law system — which has been implemented since the colonial era.

After Hong Kong’s return to China, the common law system continued to develop here, Cheng noted.

Citing views from prominent judges, Cheng said judges had to develop a common law system to suit the particular circumstances of the city.

Hong Kong’s common law system has been adapted to evolving circumstances — in regard to social, cultural and economic factors in the SAR, Cheng said. Everyone should be aware that Hong Kong has a unique common law system based on conditions in society and different judicial views about societal values.

However, there have been baseless, arbitrary — even malicious — attacks on some judges simply because the outcome of some cases was not to the liking of those making the attacks, Cheng said.

Such acts and comments could not be tolerated. She vowed to take legal action against those responsible.

Cheng also hoped the public could understand the uniqueness of Hong Kong’s legal system. She called for a better understanding of court judgments to reduce misunderstandings.

To develop a better understanding of the law, Cheng said the Department of Justice had spared no efforts helping the public better understand significant decisions by the courts.

For this purpose, the DoJ has been publishing summaries of judgments of notable cases on the department’s website after judgments are handed down, Cheng said.

Moreover, the department also launched the Hong Kong e-Legislation database. This provides free access to all legislation in the city; it also aims to enhance the public’s accessibility of the law to encourage healthy and informed discussion, Cheng added. To the point,