Hong Kong Basic Law provides the constitutional
framework for the legal system in Hong Kong which is based on the
English common law, supplemented by local legislation. Its basic tenets
are the rule of law and the independence of the Judiciary. Hong Kong
legal system is different from what is adopted by China.
Judicial System
Members of Hong Kong judiciary are independent of the executive and
legislative branches of Government. Judicial system in Hong Kong is
comprised of the Court of Final Appeal, the High Court (which includes
the Court of Appeal and the Court of First Instance), the District Court
(which includes the Family Court), the Lands Tribunal, the Magistrates'
Court (which include the Juvenile Court), the Coroner's Court, the
Labour Tribunal, the Small Claims Tribunal and the Obscene Articles
Tribunal.
Appointment of Judicial Officers
Judicial officials are appointed by the Chief Executive on the
recommendation of the Judicial Officers Recommendation Commission, which
is an independent statutory body composed of judges, persons from the
legal profession and eminent persons from other sectors. These officers
are chosen on their judicial and professional merit and may be recruited
from other common law jurisdictions.
The Court of Final Appeal
The Court of Final Appeal was set up by the Hong Kong Court of Final
Appeal Ordinance. The Court, when sitting, is comprised of five judges-
the Chief Justice, three permanent judges and one non-permanent judge
from Hong Kong or another common law jurisdiction.
