“One Country, Two Systems” and The Basic Law
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Under “One Country, Two Systems”, Hong Kong is part of China but retains its own systems and way of life. The Basic Law
- Hong Kong’s constitutional document – gives legal effect to the “One Country, Two Systems” policy. The Basic Law came
into effect on 1 July 1997 with the establishment of the Hong Kong Special Administrative Region of the People’s
Republic of China (HKSAR).
The Basic Law guarantees:
The Basic Law guarantees:
- The continuation of the common law system that has been practised in Hong Kong for more than 170 years
- Fundamental rights and freedoms including: equality before the law; freedom of movement; freedom of conscience and religious belief; freedom of speech; and privacy of communication
- Everyone in Hong Kong is equal before the law
- Access to the courts, right to confidential legal advice and choice of lawyers for everyone
- An independent judiciary and the power of final adjudication by the Court of Final Appeal (CFA). The CFA may include non-permanent judges from other common law jurisdictions
- English and Chinese as official languages. Local legislation is enacted bilingually and cases in Hong Kong may be heard in English or Chinese
- Courts exercise judicial power independently, free from interference. Members of the Judiciary are immune from legal action in the course of their judicial functions
- High degree of autonomy in areas such as the economy, external affairs as well as education, science, culture, sports, religion, labour and social services