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The Future of the Common Law in Hong Kong
Acting Solicitor General Robert Allcock argues that while there will clearly be many areas of controversy in these early years after Reunification, he has no doubt that the common law will endure

Hong Kong took place in order to bring them into line with those human rights guarantees.

The Basic Law
The Letters Patent and the Application of English Laws Ordinance ceased to apply after 30 June 1997. In their stead we of course have the Basic Law. How does this affect the application of the common law in Hong Kong? The starting point in answering that question is Article 8 of the Basic Law, which reads as follows: 'The laws previously in force in Hong Kong that is, the common law, rules of equity, ordinances, subordinate legislation and c u s t o m a r y law shall be maintained, except for any that contravene this Law, and subject to any a m e n d m e n t by the legislature of the Hong Kong Special Administrative Region.' The fact that the laws previously in force, including the common law, are subject to a m e n d m e n t by the legislature is a reflection of the general principle referred to above. However, there are restrictions on that power of amendment. In particular, Article 11 of the Basic Law provides that 'No law enacted by the legislature of the Hong Kong Special Administrative Region shall contravene this Law'. How does this help to preserve our common law system? It does so in two ways. Firstly, many of the core values of the common law - the presumption of innocence, freedoms of expression and association, the right to a fair trial and so on - are guaranteed by the International Covenant on Civil and Political Rights, which is entrenched by Article 39. As a result, no law can be enacted that restricts the rights and freedoms enjoyed by Hong Kong residents in a way that contravenes that

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