Politics, Government, Legal system and judiciary in Hong Kong

Politics and government

Pursuant to the Basic Law, Hong Kong's constitutional document, the local Hong Kong government retains sovereignty over the territory except in areas of national defence and foreign relations. Only the Chief Executive, the head of territory and head of government, is selected by the Chief Executive Election Committee composed of 800 members. All other functionaries of the government, including members the executive and legislative branch, are either appointed by the Chief Executive (directly or by proxy) or elected by voters. In theory, this arrangement guarantees Hong Kong is governed almost independently of the PRC and can retain its unique cultural, legal and economic infrastructure. In practice, however, some have accused Beijing of excess intrusion into Hong Kong domestic affairs beyond levels permitted under Basic Law.

Laws in Hong Kong are enacted only by approval of the Chief Executive and majority consent from the 60 seat Legislative Council of Hong Kong, or LegCo. Despite the often said undemocratic nature of Hong Kong's government, half of LegCo's seats are elected under universal suffrage with the other half selected by functional constituencies consisting of trade unions and special interests. Basic Law guarantees that all seats will eventually be elected under universal suffrage.

Donald Tsang currently holds the office of the Chief Executive after his election on 16 June 2005 by an electoral committee appointed by Beijing.^[18] Before the 1997 handover, Tsang had held the post of Financial Secretary under British rule. He was elevated to the post of Chief Secretary for Administration on 1st May 2001 when Anson Chan resigned her post. Donalid Tsang assumed his current post on 24 June 2005 and is scheduled to complete the remaining portion of Tung Chee Hwa's last term which ends on 30 June 2007 in accordance to the interpretation of Annex I and Article 46 by the Standing Committee of the National People's Congress. He was re-elected as Chief Executive on 25th March 2007 for another five years - his new term started on 1st July 2007.

The election of the Chief Executive in 2005 was by the 852-member Election Committee was held on 10 July 2005. On 16 June 2005, Donald Tsang was acclaimed the winner as the only candidate securing the required 100 nominations from members of the election committee. Tung Chee Hwa, the first Chief Executive, assumed office on 1 July 1997, following his election by a 400-member electoral college. For the second five-year term of the Chief Executive which began in July 2002, Tung was the only nominated candidate and therefore acclaimed.

The PRC set up a Provisional Legislative Council (PLC) in 1996 just before the handover, where it moved to Hong Kong to have its meetings after the handover. It reverted some laws passed by the colonial Legislative Council, which was formed by means of universal suffrage since 1995. The PLC passed some new laws, such as the Public Order Ordinance,^[19] which required permission from police to hold a demonstration where the number of people who participates exceeds 30. Legislative Council elections were held on 24 May 1998, on 10 September 2000 and again on 12 September 2004, with the next election scheduled for 2008. According to the Basic Law, Hong Kong's "mini-constitution", the present third term of the Legislative Council has 25 seats directly elected from geographical constituencies and 30 seats elected from functional constituencies. The 1998, 2000 and 2004 Legislative Council elections were seen as free, open, and widely contested, despite discontent among mainly 'pro-democratic' politicians, who contended that the functional constituency elections and the Election Committee elections (for 1998 and 2000) were undemocratic, as they consider that the electorate for these seats is too narrow.

The civil service of Hong Kong maintains its quality and neutrality following its tradition in the colonial times, operating without discernible direction from Beijing. Many government and administrative operations are located in Central on Hong Kong Island near the historical location of Victoria City, the site of the original British settlements.

The right of abode issue sparked debates in 1999, while the controversy over Hong Kong Basic Law Article 23 was the focus of politics in Hong Kong between 2002 and 2003, culminating in a peaceful mass demonstration (over 500,000 demonstrators) on 1 July 2003, after which the government still tried to pass the law to the Legislative Council. But one of the major pro-government parties refused to vote for passing the bill. Thus the government found that the bill could not be passed. So it shelved^[20] the drafted law^[21] brought forth by Article 23. The focus of controversies shifted to the issue of universal suffrage towards the end of 2003 and in 2004, which was the slogan of another mass demonstration on 1 July 2004.

On 24 September 2005, 25 Hong Kong pro-democracy LegCo members, some of whom were previously labelled as traitors by Beijing after the 1989 Tiananmen Square crackdown and barred from entering the mainland, crossed the border into the southern province of Guangdong, following an unprecedented invitation by the PRC. The invitation was generally regarded as one of the greatest goodwill gestures from the PRC to the Hong Kong democrats since the Tiananmen Square massacre.

On 4 December 2005, a demonstration was organised by the Civil Human Rights Front and pro-democracy lawmakers to demand a timetable for universal suffrage to be included in political reform proposals for the 2007 and 2008 elections for the Chief Executive and the Legislative Council respectively. The turnout was reported to be 63,000 by the police, and at least 250,000 by the organisers. The proposals would have doubled the size of the election committee (from 800 members to 1,600) and added ten seats to the Legislative Council (5 geographic and 5 functional seats for district councillors). On 22 December 2005, the reforms, proposed by the Chief Executive of Hong Kong, Donald Tsang, were defeated by the pro-democracy camp after they failed to reach the necessary two-third threshold with 34 votes in favour and 24 opposed. In the wake of the defeat, China and the Chief Executive have indicated that reforms will not be possible until the 2012 elections. The defeat also did little to blunt Tsang's popularity, with his approval ratings only dropping from 82 to 79% in the wake of the vote.

While Hong Kong is not an independent country, it retains its own delegation in international organisations such as the Asia-Pacific Economic Cooperation and the Olympic Games, although it changed its official name in these functions from "Hong Kong" to "Hong Kong, China" after 1997. Hong Kong also participates in international events by including a delegate with the PRC's representative group.

Legal system and judiciary

In contrast to mainland China's civil law system, Hong Kong continues to follow the common law tradition established by British colonial rule. Article 84 of the Basic Law of Hong Kong allows Hong Kong's courts to refer to decisions (precedents) rendered by courts of other common law jurisdictions. Articles 82 and 92 allow judges from other common law jurisdictions to participate in proceedings of Hong Kong's Court of Final Appeal and sit as Hong Kong judges.

Structurally, Hong Kong's court system consists of the Court of Final Appeal which replaced the Judicial Committee of the Privy Council, the High Court, which is made up of the Court of Appeal and the Court of First Instance, and the District Court, which includes the Family Court. Other adjudicative bodies include the Lands Tribunal, the Magistrates' Courts, the Juvenile Court, the Coroner's Court, the Labour Tribunal, the Small Claims Tribunal, and the Obscene Articles Tribunal, which is responsible for classifying non-video pornography to be circulated in Hong Kong. Justices of the Court of Final Appeal are appointed by Hong Kong's Chief Executive. The Basic Law of Hong Kong is subject to interpretation by the Standing Committee of the National People's Congress (NPC:SC) and this power has been invoked three times: the right of abode issue, an interpretation regarding post-2008 election procedures, and an interpretation regarding the length of the term of the Chief Executive.

As in England, lawyers in Hong Kong are classified as either barristers or solicitors, where one can choose to practice as either one but not both (but it is possible to switch from one to another.) The vast majority of lawyers are solicitors, who are licensed and regulated by the Law Society of Hong Kong. Barristers, on the other hand, are licensed and regulated by the Hong Kong Bar Association. Only barristers are allowed to appear in the Court of Final Appeal and the High Court. Just as the common law system is maintained, so are British courtroom customs such as the wearing of robes and wigs by both judges and lawyers.

According to the Article 63 of the Basic Law of Hong Kong, the Department of Justice controls criminal prosecutions, free from any interference. It is the largest legal institution in Hong Kong, and its responsibilities involve legislation, judicial administration, prosecution, civil representation, legal and policy drafting and reform, and the legal profession. Aside from prosecuting criminal cases in Hong Kong, officials of the Department of Justice also appear in court on behalf of the government in all civil and administrative lawsuits against the government. As the protector of public interests, it may apply for judicial reviews and assign legal representation on behalf of public interest to take part in the trial of cases that involve material public interests.

Transport and Military in Hong Kong

Culture, Religion and Architecture in Hong Kong

Economy,Demographics and Education In Hong Kong

History of Hong Kong

General Introduction of Hong Kong