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An Introduction To The Hong Kong Basic Law
Stay of Proceedings - Application of Warsaw Convention, Choice of Law and Forum Considerations
Ship Finance: Financing of Hong Kong Flag Vessels
Security for Costs
Changes to the HK Arbitration Rules
Establishment of Trading Offices in Shanghai

An Introduction To The Hong Kong Basic Law

There can be few who are not aware that, on 1st July 1997, the former Hong Kong British Dependent Territory became the Hong Kong Special Administrative Region ("HKSAR") under the sovereignty of the People's Republic of China.

The Chinese resumption of sovereignty over Hong Kong after more than 150 years was the result of the 1984 Joint Declaration, an international treaty concluded between the Governments of China and Britain. It sets out the terms and conditions for the return of Hong Kong to China.

The Basic Law of HKSAR, adopted by the National People's Congress in 1990 is a major piece of Chinese law. Generally regarded as the mini-constitution of Hong Kong, the Basic Law performs several very significant functions:-

(1) It implements the terms of the Joint Declaration;
(2) It enshrines the principle of "one country, two systems" under which Hong Kong maintains its capitalist economic system and its common law legal system under socialist China;
(3) It forms the constitutional basis for the Government of HKSAR and defines the relationship between HKSAR and the Central Government of China.

A brief summary of the principal articles is as follows:

* ARTICLE 2: High Degree of Autonomy The HKSAR is given a high degree of autonomy including executive, legislative and independent judicial power.
* ARTICLE 5: One Country, Two Systems "The socialist system and policies shall not be practised in [HKSAR]and the previous capitalist system and way of life shall remain unchanged for 50 years."
* ARTICLE 4: Civil Liberties "The[HKSAR]shall safeguard the rights and freedoms of the residents of the [HKSAR] and of other persons in accordance with the law."
* ARTICLE 8: Maintenance of the Common Law The most significant article as it underpins the continuance of the common law system in HKSAR.

"The law previously in force in Hong Kong, that is the common law, rules of equity, ordinance, subordinate legislation and customary law shall be maintained except for any that contravene this law and subject to any amendment by the legislature of the [HKSAR]."

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