The Change-over of Hong Kong Sovereignty and Some Legal Implications

Abstract

This paper outlines the basic legal arrangements that have been made in the Basic Law of the Hong Kong Special Administrative Region and the difficulties there were in matching Chinese jurisprudence and the Hong Kong English common law system in the process of drafting the Basic Law. The author studies three aspects of the implications of the 'one country, two systems' policy from a legal point of view. Firstly, the paper describes the applicability of the Chinese constitution and national law in the Hong Kong Special Administrative Region. Secondly, it examines the approach to defining the relationship between the powers of the central government and the Hong Kong Special Administrative Region particularly in the field of external matters to be administered by the latter. Finally, the judicial independence of the Hong Kong Special Administrative Region is discussed with emphasis on the issue of final adjudication and judicial interpretation of the Basic Law.