The Rule of Law in Hong Kong

The Rule of Law in Hong Kong
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The Rule of Law in Hong Kong
Hong Kong is among the most business-friendly cities globally. Free flow of information, the Rule of Law, and free market policies mean a level playing field for every company. Its enduring appeal is also built on English as the language of business. The Rule of Law basically denotes the elemental principles of law which govern how power is exercised. This paper discusses what the Rule of Law means and if it is applicable to the legal system in Hong Kong. The paper also discusses whether Hong Kong managed to adhere to this principle.
Dicey’s Rule of Law
According to Dicey, there were 3 aspects to the Rule of Law: first, no one can be punished or can be legally made to suffer in goods or body with the exception of a distinctive infringement of law created in the ordinary legal fashion before the ordinary Courts. Secondly, nobody is above the law. Every person, notwithstanding that person’s condition or rank, is subject to the ordinary law and amenable to the jurisdiction of the ordinary courts. Thirdly, the constitution’s general principles are the result of judicial decisions that determine the rights of people in certain cases brought before the courts.
Dicey’s Rule of Law is applicable to Hong Kong
The power of the government of Hong Kong as well as all of its representatives and officials are drawn from law as expressed clearly in legislation as well as the judicial decisions made by autonomous courts. The Rule of Law is applicable to the legal system of Hong Kong Special Administrative Region since in this city, the legal system is based upon the Rule of Law as well as the autonomy of the judiciary. Hong Kong is dedicated and devoted to the Rule of Law and this makes it a well-liked city for settling disputes and for structuring contracts. The legal system of this city is based upon the British Common Law system and its judiciary is completely self-sufficient. Hong Kong has managed to adhere to this principle since in Hong Kong, at the core of the system of government lies the principle that nobody, even Hong Kong’s Chief Executive, could do any action that constitutes a legal wrong or affect the liberty of someone else unless he or she could point to a legal justification for that particular act. If he or she is not able to do so, then the affected individual could have recourse to a court that might rule that the action is not valid and lacks legal effect. The court may order compensation in favor of the affected individual.
It is notable that one corollary of the Principle of Legality could be summed up as equality before the law. Article 25 of Hong Kong Basic Law stipulates that everyone is equal before the law with no exceptions, and it applies to everybody. In essence, it is essential that everyone, notwithstanding their religion, politics, position or race, is subject to the laws of the land in Hong Kong. This is clearly consistent with the second aspect of Dicey’s Rule of Law. In addition, the Rule of Law in Hong Kong necessitates that the courts are sovereign and self-governing of the executive. Article 85 of the Basic Law states that courts in Hong ...