It is internationally recognised that Hong Kong's judicial independence is intact and its rule of law robust, despite some controversies concerning fundamental rights and freedoms, prosecutorial decisions or political issues since the Handover.

This was the message from Secretary for Justice Elsie Leung today, speaking at a Hong Kong Association luncheon meeting in London.

Ms Leung said for rights and freedoms, the guarantees in the Basic Law are not empty promises. "They are enforceable through Hong Kong's fiercely independent judiciary," she said.

Each year since the reunification there has been significant constitutional litigation covering issues like the right of abode, freedom to travel and freedom of expression.

"The courts have been vigilant in giving a broad interpretation of provisions guaranteeing fundamental human rights, and in giving a narrow meaning to permissible restrictions," she said.

Ms Leung said the number of applications for judicial review have risen sharply in recent years in untrodden areas of the law, in the early stage of the interface between the Basic Law and domestic legislation, and following the world trend since the Second World War that the exercise of discretion by government departments is more readily challenged.

"Although most of the time the Government's authority has been re-affirmed through such proceedings, there were occasions when the courts held against the Government on the constitutionality of legislation or the exercise of discretions," she said.

Continued development

Ms Leung said Basic Law Article 84 states that in the adjudication of cases the courts may refer to precedents of other common law jurisdictions. This enables Hong Kong to maintain its legal system and continue to develop it.

"Since reunification, some of the judgments in our Court of Final Appeal have been cited by the judiciary of other jurisdictions," she said.

Despite the misunderstanding of the interpretation of the Basic Law by the Standing Committee of the National People's Congress, Hong Kong courts enjoy a good reputation for being independent.

"This is not surprising because judicial independence is guaranteed not only by Article 85 of the Basic Law, but also by the whole system of appointment of judges, provision for security of tenure, etc. We rely upon the system and not only individual judges for upholding the rule of law and judicial independence," Ms Leung said, adding the development of the legal system also depends on the expertise of lawyers.

"To provide a benevolent infrastructure for the development of the legal profession, the Government spares no effort in promoting Hong Kong as a regional legal services centre and assisting Hong Kong lawyers to gain entry to the Mainland market.

"With a strong independent legal profession, the legal system will continue to develop healthily, and in turn, it will ensure the rule of law will be maintained."