Hong Kong continues to have a strong and independent legal profession under the new constitutional framework, as guaranteed by both the Joint Declaration and the Basic Law.
This was the message from Solicitor General Bob Allcock speaking today at a luncheon at the Presidents of Law Associations Conference 2003.
Mr Allcock said the legal profession continued to be a vital source of strength for Hong Kong as it provided a full range of services to local and international clients, making us a regional hub for legal advice and dispute-resolution services.
"We have a sophisticated legal sector that deals with the entire spectrum of legal work in areas such as capital markets, corporate finance, securities, intellectual property, information technology, and maritime law," Mr Allcock said.
Mainland firms benefiting from HK legal system
It is not just international corporations that find comfort in the depth and breadth of experience we have, Mainland parties can also find benefits in using Hong Kong as a dispute-resolution centre.
He said we share the same language and culture, and we are extremely familiar with the way the Mainland market operates. Hong Kong possesses unique advantages in serving the legal needs of both international and Mainland business. These advantages have been reinforced by special privileges given to Hong Kong lawyers under CEPA.
Mr Allcock also spoke of the role Hong Kong lawyers play in respect of human rights. "There is no shortage of lawyers who are prepared to help individuals protect their human rights if they are considered to have been breached."
Mr Allcock said the guarantees in the Basic Law, particularly those relating to human rights, have been the source of much litigation. He said the courts had interpreted and enforced those guarantees without fear or favour.
HK law secure under the Basic Law
The courts have made rulings on the constitutionality of the Provisional Legislative Council, provisions on right of abode in the Immigration Ordinance, the law prohibiting the desecration of the national and regional flags, village elections, the abolition of the two former municipal councils and a reduction in civil service salaries.
The decisions in these cases, some in favour of the Government and some against, demonstrate that the Basic Law is not a piece of window-dressing but a powerful and enforceable constitutional document, Mr Allcock said.
Mr Allcock said the common law principles and nearly all the 600-odd ordinances that were previously in force continue to apply in Hong Kong.
The Basic Law provides that the judicial system previously practised in Hong Kong should be maintained except for those changes consequent upon the establishment of the Court of Final Appeal.
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