Legal System of Hong Kong

Hong Kong is located in East N Southeast Asia. It is geographically situated in eastern asia, bordering the south china sea and china. The country achieved independence on none (special administrative region of china).

Government Overview

Government Type: presidential limited democracy; a special administrative region of the People’s Republic of China Chief of State: President of China XI Jinping (since 14 March 2013) Head of Government: Chief Executive John LEE Ka-chiu (since 1 July 2022) Cabinet: Executive Council or ExCo appointed by the chief executive National Holiday: National Day (Anniversary of the Founding of the People’s Republic of China), 1 October (1949) Suffrage: 18 years of age in direct elections for 20 of the 90 Legislative Council seats and all of the seats in 18 district councils; universal for permanent residents living in the territory of Hong Kong for the past 7 years

Legal System

The legal system of Hong Kong is described as mixed system of common law based on the English model and Chinese customary law (in matters of family and land tenure); China’s imposition of National Security Law incorporates elements of Chinese civil law

Constitutional Framework

The constitution has the following history: several previous (governance documents while under British authority); latest drafted April 1988 to February 1989, approved March 1990, effective 1 July 1997 (Basic Law of the Hong Kong Special Administrative Region of the People’s Republic of China serves as the constitution)  Amendment Process: proposed by the Standing Committee of the National People’s Congress (NPC), the People’s Republic of China State Council, or the Special Administrative Region of Hong Kong; submittal of proposals to the NPC requires two-thirds majority vote by the Legislative Council of Hong Kong, approval by two thirds of Hong Kong’s deputies to the NPC, and approval by the Hong Kong chief executive; final passage requires approval by the NPC

Judicial Branch

Highest Court(s): Court of Final Appeal (consists of the chief justice, 3 permanent judges, and 20 non-permanent judges) Judge Selection: all judges appointed by the Hong Kong Chief Executive on the recommendation of the Judicial Officers Recommendation Commission, an independent body consisting of the Secretary for Justice, other judges, and judicial and legal professionals; permanent judges serve until normal retirement at age 65, but term can be extended; non-permanent judges appointed for renewable 3-year terms without age limit Subordinate Courts: High Court (consists of the Court of Appeal and Court of First Instance); District Courts (includes Family and Land Courts); magistrates’ courts; specialized tribunals

Legislative Branch

The legislative structure consists of unicameral Note: note: all political candidates are evaluated by the Candidate Eligibility Review Committee (CERC), which was established in April 2022; CERC members are all appointed by the chief executive

Citizenship and Suffrage

Suffrage: 18 years of age in direct elections for 20 of the 90 Legislative Council seats and all of the seats in 18 district councils; universal for permanent residents living in the territory of Hong Kong for the past 7 years

Historical Background

The UK seized Hong Kong in 1841, and China formally ceded it the following year at the end of the First Opium War. The Kowloon Peninsula was added in 1860 at the end of the Second Opium War, and the UK obtained a 99-year lease of the New Territories in 1898. Pursuant to a UK-China agreement in 1984, Hong Kong became the Hong Kong Special Administrative Region (HKSAR) of the People’s Republic of China as of 1 July 1997.

This article provides a summary of the legal system and governmental structure of Hong Kong based on the CIA World Factbook. The Factbook is a public domain publication of the United States Central Intelligence Agency.