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In contrast to mainland China's civil law system, Hong Kong continues to follow the common law tradition established by British colonial rule. Article 84 of the Basic Law of Hong Kong allows Hong Kong's courts to refer to decisions (precedents) rendered by courts of other common law jurisdictions. Articles 82 and 92 allow invite judges from other common law jurisdictions to participate in proceedings of Hong Kong's Court of Final Appeal and sit as Hong Kong judges. Structurally, Hong Kong's court system consists of the Court of Final Appeal which replaced the Judicial Committee of the Privy Council, the High Court, which is made up of the Court of Appeal and the Court of First Instance, and the District Court, which includes the Family Court. Other adjudicative bodies include the Lands Tribunal, the Magistrates' Courts, the Juvenile Court, the Coroner's Court, the Labor Tribunal, the Small Claims Tribunal, and the Obscene Articles Tribunal, which is responsible for classifying non-video pornography to be circulated in Hong Kong. Justices of the Court of Final Appeal are appointed by Hong Kong's Chief Executive. The Basic Law of Hong Kong is subject to interpretation by the Standing Committee of the National People's Congress (NPC:SC) and this power has been invoked three times: the right of abode issue, an interpretation regarding post-2008 election procedures, and an interpretation regarding the length of the term of the Chief Executive. As in England, lawyers in Hong Kong are classified as either barristers or solicitors, where one can choose to practice as either one but not both (but it is possible to switch from one to an other and vice-versa ). The vast majority of lawyers are solicitors, who are licensed and regulated by the Law Society of Hong Kong. Barristers, on the other hand, are licensed and regulated by the Hong Kong Bar Association. Only barristers are allowed to appear in the Court of Final Appeal and the High Court. Just as the common law system is maintained, so are British courtroom customs such as the wearing of robes and wigs by both judges and lawyers. |
Hong Kong Information: Inside
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