The Basic Law of Hong Kong

The Basic Law of Hong Kong
After the adoption of the Basic Law the judiciary system of Hong Kong as a whole, judicial principles and procedures are remained unchanged on their original principles of common law traditions with tidy necessary adjustments.

Even so the main question what is the highest law: Chinese constitution or the Basic Law must be clarified once and for all. As far as the Basic Law was formulated in accordance with the Constitution of China, the Basic Law will lose its ground of existence, if the highest norm becomes null for Hong Kong. Also apart from the formal legal resources, the precedents of other common law jurisdictions may be used as references to the sentencing, but without the sanction force to the courts.

In fact, the final Appeal Court has cited a lot of foreign precedents as reference for deciding the cases. For example, as it were in case of "right of abode". Or as it was with the case about the children who were not allowed to stay with their parents born before their parents had won the right to live in the territory of Hong Kong. The Hong Kong's Court of Final Appeal upheld the government's right to deport 17 mainland children just to overcome the assertion of China to interpret the Basic Law. But the Basic Law states the NPC has powers of interpretation, though the law is less clear about when it may exercise them.

Thus due to the People's Republic of China influence and "two systems" principle the common law's viability is still doubtful. To draw an objective conclusion of this problem you will need the latest data and facts. Professional paper writers will supply you with all useful information presented in a logical scientific form. Such custom essays and research papers will be responsive to all your needs and wants.

The Basic Law of Hong Kong 7.6 of 10 on the basis of 2526 Review.