Hong Kong’s Common Law Continues to Foster Judicial Excellence: Courts and Judges Pave the Way for Business Success in 2024

Under the Basic Law, Hong Kong maintains its status as a common law jurisdiction, a commitment reaffirmed as a long-term state policy by President Xi during his last visit in 2022. The advantages and benefits of preserving the common law system in Hong Kong are evident.

The common law system has been instrumental in shaping legal frameworks across diverse cultures and traditions. Central to its principles are fairness and equality, upheld through doctrines like precedent, ensuring consistency and instilling public confidence in the judicial process. Moreover, the common law’s adaptability to evolving societal needs, characterized by rigorous analysis and revisitation of established concepts, equips it to address contemporary challenges effectively.

Hong Kong has relied on the common law system for over 180 years, fostering familiarity and trust among its populace and international partners alike. Its attributes such as impartial judges, due process guarantees, and the presumption of innocence contribute to a robust justice system that engenders confidence.

Additionally, the common law system’s familiarity among international business partners, facilitated by the use of English in legal proceedings, enhances Hong Kong’s standing as a global hub for dispute resolution and commerce. The presence of proficient common law practitioners further reinforces Hong Kong’s legal expertise.

Furthermore, the continuation of the common law system underscores Hong Kong’s unique status as a Special Administrative Region, exemplifying the successful implementation of the “one country, two systems” framework.

In Hong Kong’s common law system, the judiciary plays a pivotal role in interpreting laws and establishing legal precedents. While statutes are enacted by the legislature, the courts’ interpretation often shapes their application, with legislative modifications being common practice.

Regarding national security cases, the Judiciary is entrusted with the duty to uphold national security laws while ensuring fairness and judicial independence. While recent scrutiny has focused on national security matters, it’s crucial to recognize the broader scope of Hong Kong’s legal system, characterized by the courts’ commitment to administering justice impartially and efficiently.

In essence, the preservation of the common law system in Hong Kong hinges on the judiciary’s unwavering commitment to upholding the rule of law, ensuring fair and impartial administration of justice, regardless of external pressures or narratives.