February 1998

Some Differences in Legal Systems

By Kenix Chow

According to the Basic Law, the structure and independence of the legal system in

Hong Kong shall remain unchanged for 50 years.

Hong Kong law has been based on British law for about a century.

Hong Kong law is primarily driven by common law and rules of equity, formulated from the huge collective body of court decisions.

Hong Kong lawyers, therefore, usually refer to cases or to ordinances first.

In mainland China, on the other hand, lawyers are required to make reference to statutory laws and legislation, but not cases.

Another difference between the two legal systems is the power of the judiciary.

Hong Kong judges, like listeners, are disinterested, and their judiciary powers are limited.

Therefore, clients are forced to rely heavily on lawyers to win a battle in court.

However, judges in mainland China are more active in the courtroom and empowered to raise questions.

Since mainland judges have substantial power in courts, lawyers’ influence is thereby relatively weaker.

In Hong Kong, university training in law stresses practical applications of professional knowledge.

The Chinese Lawyers’ Qualification, however, concentrats on basic knowledge of Chinese law.