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ARTICLE · 20 DECEMBER 2019

Law and Practice

Hong Kong follows the common law system with a combination of statutory laws as well as laws developed through judgments.

Hong KongLitigation, Mediation & Arbitration

1. General

1.1 General Characteristics of Legal System

Hong Kong follows the common law system with a combination of statutory laws as well as laws developed through judgments. The system of stare decisis prevails where lower courts are bound by the decision of higher courts. Court proceedings are carried out in an adversarial manner where counsel of both parties present their respective cases (by way of both written submissions and oral arguments) and the judge decides.

1.2 Court System

Under the principle of "One Country, Two Systems", Hong Kong SAR has its own judiciary which is separate from the Mainland. The jurisdiction of the non-appellate courts is limited by subject-matter, monetary value of the claim or nature and severity of the sentence.

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