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Legal system and judiciary
Legal system and judiciary
In contrast to mainland China's civil law system, Hong Kong continues to follow the English Common Law tradition established during British rule.
Hong Kong's courts are permitted to refer to decisions (precedents) rendered by courts of other common law jurisdictions, and judges from other common law jurisdictions are allowed 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, 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 Department of Justice 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, 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 protector of the public interest, it may apply for judicial reviews and assign legal representation on behalf of the public to take part in such a trial.
The Basic Law protects the Department of Justice from any interference.
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