What type of legal structure is established in the Hong Kong Special Administrative Region?

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 legal structure established in the Hong Kong Special Administrative Region is fundamentally a common law system. This is significant as it reflects the historical legal framework that was carried over from British colonial rule. The common law system in Hong Kong is characterized by the is uses of judicial precedents, where past court decisions inform future cases. This provides a degree of stability and predictability in legal outcomes, as judges look to previously established laws and rulings when making decisions.

Under the "One Country, Two Systems" principle, Hong Kong retains its common law heritage even after its return to Chinese sovereignty in 1997. This means that the laws and legal practices, including the preservation of key institutions such as the judiciary and the role of court decisions, continue to operate under the common law framework.

The constitutional underpinning of this dual system is found in the Basic Law of Hong Kong, which explicitly states that Hong Kong shall maintain its existing legal system. Therefore, the common law system remains a crucial part of Hong Kong's identity and governance, distinguishing it from jurisdictions that utilize civil law or mixed legal systems.

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