Preface
The first edition of this booklet was published in 1991. Its stated aim was to help the public understand how our legal system works. It stressed the importance of the rule of law to Hong Kong's past success and future promise and emphasised the role that an informed public could play in ensuring the continued vitality of the legal system.
2007 marked the tenth anniversary of the establishment of the Hong Kong Special Administrative Region and the constitutional framework of Hong Kong's legal system has changed significantly since that first edition. But under the Basic Law of the Region, the laws previously in force have been maintained and adherence to the rule of law, buttressed by an independent judiciary, has remained a constant. With the establishment of the Court of Final Appeal in 1997 the power of final adjudication is now exercised in Hong Kong and the Basic Law provides constitutional protection for the rights and freedoms of Hong Kong's residents.
I hope this latest edition of this guide, like its predecessors, will help explain our legal system and promote an understanding of its importance to us all.
Wong Yan Lung, SC
Secretary for Justice
The rule of Law
Information based on the Departmental publication "Legal System in Hong Kong" printed in 2008
The "rule of law" refers to some of the fundamental principles of law that govern the way in which power is exercised in Hong Kong. The rule of law has several different meanings and corollaries. Its principal meaning is that the power of the government and all of its servants shall be derived from law as expressed in legislation and the judicial decisions made by independent courts. At the heart of Hong Kong's system of government lies the principle that no one, including the Chief Executive, can do an act which would otherwise constitute a legal wrong or affect a person's