Ask Ronny On Legel Matter

The Basic Law guarantees judicial independence, the judicial system is safeguarded, and the common law system, including all our laws, is preserved, except in clearly defined areas where mainland law does not apply to Hong Kong. The Court of Final Appeal was established to replace the Privy Council; judges from common law countries can serve as part of the court. For the first time, Hong Kong has a written constitutional framework; under Article 158 of the Basic Law, the Standing Committee of the National People's Congress (NPCSC) has the authority to interpret the Basic Law, while the Hong Kong Court of Final Appeal has the authority to interpret matters within the scope of Hong Kong's autonomy; this is a compromise under the mainland Chinese legal system. Before 1997, Hong Kong never needed to resolve constitutional issues, but China, as a civil law country with a written constitution, has a different approach. In the civil law system, the NPCSC has both legislative powers and a constitutional interpretation role similar to that of a constitutional court, which differs from the practice in most Western legal systems where judicial institutions independently interpret the law. Thus, when the central government intervenes in constitutional issues in Hong Kong, it can be misunderstood as an infringement of Hong Kong's judicial independence. This misunderstanding stems from unfamiliarity with the structure and functions of the Chinese legal system, leading to misinterpretations.