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The Influence of Hong Kong Basic Law on the Judicial Trend of Hong Kong

Fu Si

Open publisher page 1 citations

Abstract

With Hong Kongs returning to China, the Hong Kong Case Law is divorced from the English Common Law and has been developing independently, subject to Kong Kong Basic Law and has been accepted as a part of Chinese Law. Therefore, Hong Kong Special Administrative Region has become a unique region where case law is applicable. Meanwhile, there has been a great change in the effectiveness of Hong Kong judicial precedent . The HK SAR Court has created new case laws that best embody the policy of One Country, Two Systems, and the formation of case law must be restricted. Under Hong Kong Basic Law, HK SAR Court cannot create precedent of judicial review.

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What this paper is about

With Hong Kongs returning to China, the Hong Kong Case Law is divorced from the English Common Law and has been developing independently, subject to Kong Kong Basic Law and has been accepted as a part of Chinese Law. Therefore, Hong Kong Special Administrative Region has become a unique region where case law is applicable. Meanwhile, there has been a great change in the effectiveness of Hong Kong judicial precedent . The HK SAR Court has created new case laws that best embody the policy of One Country, Two Systems, and the formation of case law must be restricted. Under Hong Kong Basic Law, HK SAR Court cannot create precedent of judicial review.

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Available abstract

With Hong Kongs returning to China, the Hong Kong Case Law is divorced from the English Common Law and has been developing independently, subject to Kong Kong Basic Law and has been accepted as a part of Chinese Law. Therefore, Hong Kong Special Administrative Region has become a unique region where case law is applicable. Meanwhile, there has been a great change in the effectiveness of Hong Kong judicial precedent . The HK SAR Court has created new case laws that best embody the policy of One Country, Two Systems, and the formation of case law must be restricted. Under Hong Kong Basic Law, HK SAR Court cannot create precedent of judicial review.

Key concepts: Law, Basic law, China, Political science, Common law, Chinese law, Precedent, Public law

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