What must be prescribed by law regarding the courts of the Hong Kong Special Administrative Region?

The phrase "must be prescribed by law" refers to the requirements for the establishment and functioning of the judicial system in the Hong Kong Special Administrative Region (SAR). Under the Basic Law, there is a necessity for the legal framework governing the courts to be clearly defined.

The term "courts" encompasses all judicial bodies within the Hong Kong SAR and mandates that their establishment, jurisdiction, and operation are grounded in law. This is crucial to ensure the rule of law and the independence of the judiciary, which are foundational principles in the governance of Hong Kong as per its Basic Law.

While the Court of Final Appeal, Court of Appeal, and Court of First Instance are specific entities within the judiciary, the broader requirement that “courts” must be prescribed by law highlights the necessity for a legal basis for all courts operating in the SAR. It emphasizes the overarching framework that governs how these individual courts function and interact within the legal system, thus prioritizing the legal foundation of the judiciary as a whole.