The Common Law of Hong Kong Is Still Based on the English Law

When Hong Kong was officially handed over by Great Britain to the People’s Republic of China on July 1st, 1997, the Hong Kong Basic Law became the city’s constitutional framework.

Although it is part of the national law of the People’s Republic of China, Article 5 of the Hong Kong Basic Law guarantees the "one country, two systems" principle until at least 2047. Under this principle, Hong Kong retained its common law system under Article 8 of the Basic Law, except for laws that contravene this Law. This makes Hong Kong the only common law jurisdiction within the People’s Republic of China.

Hong Kong’s common law finds its foundation in English common law, as the legal system was developed by the British colonial government between January 26, 1841 (when Commodore Bremer formally took possession of Hong Kong Island) and July 1, 1997 (the Handover), and was, consequently, based on the English legal system.

As such, a wide array of legal areas in Hong Kong remain officially independent from the national law of the PRC. Hence, one country, two systems.