Limitations on the jurisdiction of Hong Kong courts are based on which existing legal system?

Study for the Hong Kong Basic Law and National Security (BLNST) Exam. Access flashcards and multiple-choice questions with hints and explanations. Prepare effectively for your exam!

The correct answer is rooted in the unique legal framework that governs Hong Kong, particularly after the transfer of sovereignty from the United Kingdom to China in 1997. The Basic Law, which serves as the constitutional document of the Hong Kong Special Administrative Region, stipulates that Hong Kong retains a separate judicial system that is based on the common law traditions, largely stemming from the British legal system.

However, the limitations on the jurisdiction of Hong Kong courts are particularly influenced by prior legal systems that were in place before this transfer. This includes continuity from the British legal system and the recognition of customary laws that were historically applied in the region. The Basic Law articulates these continuities and specifies the areas where Hong Kong courts can exercise their authority versus where national laws may take precedence, especially concerning national security issues.

While the British legal system influences the ongoing operation of the courts in Hong Kong, it is the context of previous legal systems collectively that establishes the limitations on judicial jurisdiction in the current framework. As such, this choice accurately reflects the specific legal context that outlines the operational boundaries for the courts in Hong Kong.

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