Legal System in Hong Kong | Assignment
Added on 2022-09-07
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Running head: LLB LAW
LLB LAW
Name of Student
Name of University
Author Note
LLB LAW
Name of Student
Name of University
Author Note
LLB LAW1
Question 1
The legal system in Hong Kong can be observed as following the ‘two systems’
principles. The ‘two system’ principle maintains the uniqueness as well as the stability of the
nation (Wong, 2017). A higher degree of autonomy can be seen as being exercised by the
Hong Kong Government. In Hong Kong the executive structure of governance is mainly
followed. The influences for the implementation of the administration and law can be seen as
being applied by way of the executive structure and the same is further accountable for the
maintenance of a stable and economically prosperous environment in Hong Kong (Burns,
2017). The Hong Kong Special Administrative Region is represented by the Chief Executive
as the head of the government system. The duties of a Chief Executive in the nation can be
observed to be including the implementation of the Basic Law and the other laws enforced in
the HKSAR, sign and promulgate the bills that the Legislative Council passes, nomination
and the appointment or removal of the main officials, the appointment or the removal of new
judges in the courts in the Hong Kong region according to the legal procedures (Chan, 2016).
For the fulfilment of the aforementioned duties the Chief Executive in the methods of policy
making can be observed as being assisted by the other executive members (Zhu and Zhang,
2019). As per the provisions set by way of the Basic Law, a mutual connection of check and
balance is established between the executive authorities and the legislature. An example of
such checks and balances includes the non acceptance of the Chief Executive towards a bill
that had been passed by the Legislative Council, if the Chief Executive finds it to be
incompatible. To make such legislation acceptable the Legislative Council is needed to pass
the bill again with 2/3rd of majority of the members. In such situation the Chief Executive is
required to be signing and disseminating it within a period of one month (Wang, 2016). The
Hong Kong Government can be considered liable towards the Legislative Council. As an
example, it can be observed that the Government of the HKSAR has the obligation for the
Question 1
The legal system in Hong Kong can be observed as following the ‘two systems’
principles. The ‘two system’ principle maintains the uniqueness as well as the stability of the
nation (Wong, 2017). A higher degree of autonomy can be seen as being exercised by the
Hong Kong Government. In Hong Kong the executive structure of governance is mainly
followed. The influences for the implementation of the administration and law can be seen as
being applied by way of the executive structure and the same is further accountable for the
maintenance of a stable and economically prosperous environment in Hong Kong (Burns,
2017). The Hong Kong Special Administrative Region is represented by the Chief Executive
as the head of the government system. The duties of a Chief Executive in the nation can be
observed to be including the implementation of the Basic Law and the other laws enforced in
the HKSAR, sign and promulgate the bills that the Legislative Council passes, nomination
and the appointment or removal of the main officials, the appointment or the removal of new
judges in the courts in the Hong Kong region according to the legal procedures (Chan, 2016).
For the fulfilment of the aforementioned duties the Chief Executive in the methods of policy
making can be observed as being assisted by the other executive members (Zhu and Zhang,
2019). As per the provisions set by way of the Basic Law, a mutual connection of check and
balance is established between the executive authorities and the legislature. An example of
such checks and balances includes the non acceptance of the Chief Executive towards a bill
that had been passed by the Legislative Council, if the Chief Executive finds it to be
incompatible. To make such legislation acceptable the Legislative Council is needed to pass
the bill again with 2/3rd of majority of the members. In such situation the Chief Executive is
required to be signing and disseminating it within a period of one month (Wang, 2016). The
Hong Kong Government can be considered liable towards the Legislative Council. As an
example, it can be observed that the Government of the HKSAR has the obligation for the
LLB LAW2
execution of the laws that are approved by way of the Legislative Council and can further be
seen as responding to queries upraised by the Legislative Council on the work that the Hong
Kong Government does.
Question 2
There have been many instances where The National People’s Congress Standing
committee (NPCSC) have interpreted the Basic Law. The NPCSC is considered as to be the
topmost legislative organization in the China (Lin and Ginsburg, 2015). On November 7th
2016 The National People’s Congress Standing committee (NPCSC) were observed as to be
endorsing the construal of the Article 104 of the Basic Law. Under the provisions of this
Article it has been provided that the policymakers are required to be swearing their adherence
to Hong Kong as a part of China. The Article can further be seen as describing the method by
which the policy makers are required to follow the rule. The magnitudes of failing to follow
the Article have also been mentioned. In the year 1999 the National People’s Congress
Standing committee (NPCSC) was seen as interpreting two of the provisions of the Basic
Law for answering the questions raised towards the problem of right to abode of many
citizens who were born outside of the nation. In the year 2004 the NPCSC was seen as
interpreting Article 45 of the Basic Law, in which it had been provided that the chief
executive, who is considered to be the top most official in Hong Kong, would be nominated
eventually by way of the general suffrage.
The National People’s Congress Standing committee (NPCSC) is considered as to be
the topmost legislative organization in the China. Hence, they are considered as being the
concluding explicator of legal system present in the People’s Republic of China. The NPCSC
performs the main function of the legislative interpretation of the Basic Law of Hong Kong.
There have been many controversies related to the interpreting power that has been vested to
execution of the laws that are approved by way of the Legislative Council and can further be
seen as responding to queries upraised by the Legislative Council on the work that the Hong
Kong Government does.
Question 2
There have been many instances where The National People’s Congress Standing
committee (NPCSC) have interpreted the Basic Law. The NPCSC is considered as to be the
topmost legislative organization in the China (Lin and Ginsburg, 2015). On November 7th
2016 The National People’s Congress Standing committee (NPCSC) were observed as to be
endorsing the construal of the Article 104 of the Basic Law. Under the provisions of this
Article it has been provided that the policymakers are required to be swearing their adherence
to Hong Kong as a part of China. The Article can further be seen as describing the method by
which the policy makers are required to follow the rule. The magnitudes of failing to follow
the Article have also been mentioned. In the year 1999 the National People’s Congress
Standing committee (NPCSC) was seen as interpreting two of the provisions of the Basic
Law for answering the questions raised towards the problem of right to abode of many
citizens who were born outside of the nation. In the year 2004 the NPCSC was seen as
interpreting Article 45 of the Basic Law, in which it had been provided that the chief
executive, who is considered to be the top most official in Hong Kong, would be nominated
eventually by way of the general suffrage.
The National People’s Congress Standing committee (NPCSC) is considered as to be
the topmost legislative organization in the China. Hence, they are considered as being the
concluding explicator of legal system present in the People’s Republic of China. The NPCSC
performs the main function of the legislative interpretation of the Basic Law of Hong Kong.
There have been many controversies related to the interpreting power that has been vested to
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