Previous chapters in this book have focused on domestic (or municipal) law within Hong Kong. This chapter examines the interface between Hong Kong law and international law and Chinese law (PRC law). It looks at the distinct international legal personality that Hong Kong possesses, Hong Kong’s engagement with international entities and the application of international law in Hong Kong. Previous chapters have discussed certain aspects of the interface between Hong Kong and the PRC legal system, and this chapter builds on this by focusing on mutual legal assistance between the two legal systems, access to the Mainland market for legal services from Hong Kong and cross-border crime.

With the increasing popularity of alternative methods of resolving disputes to lessen the burden on courts, a separate chapter must be dedicated to this topic. One may not typically think of alternative methods of resolving disputes as part of the legal system, but this chapter shows otherwise. Particularly with the Civil Justice Reform, alternative dispute resolution has played and will continue to play an even larger role in solving legal disputes in Hong Kong. The two main methods of alternative dispute resolution, namely mediation and arbitration, are examined.

This chapter looks at law at an abstract level and the fundamental questions of ‘What is law?’ and ‘Why have laws?’ are explored by discussing the functions and concepts of law. This chapter examines the macro and micro functions of law, as well as the major perspectives of law including natural law, legal positivism, sociology of law and critical legal theory. It concludes by exploring various classifications of legal systems and the way in which the law is divided within them, such as the difference between the common law and civil law systems, national and international law, substantive and procedural law, and public and private law.

While legislation is enacted by the Legislative Council (or under its authority), the courts have a role in the interpretation of legislation. This chapter discusses the various common law approaches to statutory interpretation that are likely to be adopted by Hong Kong courts. Moreover, this chapter goes through the aids to interpretation within an ordinance, external aids to interpretation, presumptions which protect basic values, interpretation of the Basic Law and resolving conflicts found in bilingual legislation. A case study is used to illustrate how the courts balance different interpretive considerations. Recognising how judges interpret laws will help hone the skills of legal reasoning (thinking like a judge).

Where do lawyers look to when they wish to ascertain what the law is on a particular matter? This chapter goes over the various sources of law in Hong Kong. It starts at the top with the Basic Law, which is sometimes referred to as the ‘mini-constitution’ of Hong Kong. It covers the five interpretations of the Basic Law by the Standing Committee of National People’s Congress (NPCSC). It then takes readers through legislation, including primary and secondary legislation, and through the different parts of a statue. Case law is then examined, along with the different parts of a reported case, highlighting the parts of a judgment that constitute law. Lastly, Chinese customary law and national laws of the People’s Republic of China that are applied in Hong Kong are discussed.

This chapter outlines the system and structure of the courts in Hong Kong and discusses the concept of judicial precedent. It leads readers through the hierarchical structure of the courts and its historical development during the pre- and post-1997 periods. The different levels of the courts are examined including the Court of Final Appeal (CFA), the High Court, the District Court and Magistrates’ Courts. Different tribunals that exercise judicial power are also reviewed. The second section of this chapter deals with judicial precedents, an essential feature of the common law. The doctrine of precedent as it applies in Hong Kong is detailed, taking readers through vertical and horizontal stare decisis for each level of the courts. The status of English and overseas decisions, including Privy Council decisions in present-day Hong Kong, is discussed.

This chapter provides a general picture of the criminal justice system in Hong Kong. It highlights the roles and powers of key criminal justice agencies including the Hong Kong Police Force (HKPF), the Independent Commission Against Corruption (ICAC) and the prosecution. It includes discussion of police powers and prosecutorial decision-making. This chapter also goes through the criminal procedure, drawing attention to key decision points such as bail, court venue, the plea and the standard of proof. It concludes by looking at the various sentencing options at the court’s disposal.