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ARTICLE · 25 OCTOBER 2004

The Hong Kong Special Administrative Region (SAR)

Jones Day
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Through the Basic Law, the Hong Kong SAR remains a common law jurisdiction after the People’s Republic of China (PRC or China) resumed sovereignty over Hong Kong on July 1, 1997.

ChinaLitigation, Mediation & Arbitration
Iain Seow
Iain Seow
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The Legal System: The Basic Law

Through the Basic Law, the Hong Kong SAR remains a common law jurisdiction after the People’s Republic of China (PRC or China) resumed sovereignty over Hong Kong on July 1, 1997.

The Basic Law was enacted by the PRC’s National People’s Congress on 4 April 1990 and took effect in Hong Kong immediately after the handover of sovereignty. It is similar to a mini-constitution for Hong Kong, and its most prominent feature is the underlying principle of "one country, two systems". This guarantees that the existing capitalist system and way of life in Hong Kong will be preserved for 50 years.

Under the Basic Law, the laws previously in force in Hong Kong (the common law, rules of equity, locally enacted legislation, some legislation imported from the United Kingdom, decisions of the local courts and some customary laws) "shall be maintained". The only exceptions are laws that contravene the Basic Law. All laws are subject to amendment by the Hong Kong

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