After the transfer of sovereignty to China the Hong Kong Letters Patent 1917

After the transfer of sovereignty to china the hong

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After the transfer of sovereignty to China, the Hong Kong Letters Patent 1917 ceased to have legal effect, as it is superseded by the new Basic Law. Further developments Dual order of English and Chinese law abolished “[T]he law of England shall be in full force in the said Colony of Hong Kong” ‘[T]he laws of England as existed … on the 5th day of April, 1843, shall be in force in the Colony, except so far as the said laws are inapplicable to the local circumstances of the Colony or … have been modified s.3, Supreme Court Ordinance s.5, Supreme Court Ordinance
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by laws passed by the said legislature’ Landmarks in HK law Supreme Court of HK was court of common law and equity at the same time . s7-8, Supreme Court Ordinance 1st constitutional crisis Governor Davis vs Hulme CJ - confirmed judicial independence as inviolable principle. E Sing bakery case Hulme CJ against AG (Secretary of Justice) “hanging the wrong men will not further the ends of justice”. Habeas Corpus and the Kwok A-sing Case Suspicion of murder of ship officers Heabus corpus Act->unconditional release CJ: [A] man under unlawful restraint of his personal liberty … has a right to take life to free himself from such constraint on his personal liberty-> personal liberty supreme status Rate of human trafficking and coolie great decreased Although AG said the Act not part of law, Leung Kun-yau v May (1901): Principle underlying the Act... is of universal applicability Reform and control under law Hennessy reforms: equality among Chinese & British Abolish night passes for Chinese in 1897 Local sourcing for gov’t personnel Appoint Chinese Ng Choy as member of LegCo Against racial discrimination and other social problems, e.g.: underage workers, poor factories, and Mui tsai R v Lee A-kau (1879) Smale CJ: Mui tsai ‘contrary to the public morals which form a part of [Hong Kong law], and that it ought to put down’. Localisation of legislation Passed to ‘declare the extent to which English law is in force in the Colony’. Abandoned the general adoption of about 1,800 pieces of British Acts in favour of a tiny Schedule consisting of only 70 of these. S.3 of the Ordinance had left the reception of English common law and equitable principles as it was before. The Application of English Law Ordinance 1966 (Cap.88)
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Lord MacLehose’s New Deal Professor Albert Chen (2007): ‘[S]ince the introduction of new social (and social welfare) policies of the 1970s by Governor MacLehose, supported the continuation of colonial rule , for they realized that the only alternative to colonial rule was integration into Communist China’. Doctrine of responsible government A common law concept which implies that government decisions are to be reasonable and done in the public interest.
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