Sources of Hong Kong Civil Legal Proceedings Legal Regulation

Journal Issue:

Author Information: 

Associate Professor at the Department of Civil and Labor Law of the Peoples’ Friendship University of Russia, Ph.D. (Law).


In the present article author gives characteristic of the civil legal proceedings sources of legal regulation in Hong Kong: statute law, delegated legislation, general law, the Chinese common law. System of the Hong Kong law sources completely corresponds to the system of England civil procedural law sources. Till June 30, 1997 Hong Kong was a colony of the Great Britain. Since 1997 Hong Kong became a special administrative region of the People's Republic of China (PRC). Laws of Hong Kong on courts, on proofs, on the legal aid, on administration of justice contain references to the corresponding English legal acts. The feature of the Hong Kong legal system is due to the fact that Hong Kong Basic Law of 1990 sets on the territory of the country a simultaneous action of two systems of the legislation until 2047: legislation of Hong Kong created before 1997 under the influence Great Britain and legislation of People's Republic of China which regulates questions of foreign policy and country’s defense. The list of sources of the civil procedural law of Hong Kong includes: 1) statute law; 2) delegated legislation (rule of courts); 3) general law (precedents). Author gives opinions of jurists and practicians both from China, and from other countries, present own definitions and justifications.


law, right, civil process, sources of legal regulation, judicial system, Hong Kong, People's Republic of China, China.


[1] Puchinskij V.K. Grazhdanskij process zarubezhnyx stran. M., Zercalo, 2007.
[2] Shepenko R. A. Sudebnaya sistema Gonkonga// Zhurnal rossijskogo prava. 2002. № 6.
[3] The Joint Declaration of the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the People’s Republic of China on the Question of Hong Kong (the “Joint Declaration”)//
[4] The Basic Law of the Hong Kong Special Administrative Region (The Basic Law) was adopted on April 4, 1990 // ili
[5] New Territories Ordinance (Cap. 97) //$FILE/CAP_97_e_b5.pdf
[6] Evidence Ordinance //$FILE/CAP_8_e_b5.pdf
[7] Legal Aid Ordinance - Cap. 91 //$FILE/CAP_91_e_b5.pdf
[8] Legal Aid Services Council Ordinance - Cap. 489 //$FILE/CAP_489_e_b5.pdf
[9] Official Solicitor Ordinance - Cap. 416 //$FILE/CAP_416_e_b5.pdf
[10] Judicial Proceedings (Adjournment During Gale Warnings) Ordinance - Cap. 62 //$FILE/CAP_62_e_b5.pdf
[11] Judicial Proceedings (Regulation of Reports) Ordinance - Cap. 287 //$FILE/CAP_287_e_b5.pdf
[12] HONG KONG COURT OF FINAL APPEAL RULES - Chapter: 484A //$FILE/CAP_484A_e_b5.pdf
[13] THE RULES OF THE HIGH COURT - Chapter: 4A //$FILE/CAP_4A_e_b5.pdf
[14] THE RULES OF THE DISTRICT COURT - Chapter: 336H //$FILE/CAP_336H_e_b5.pdf
[15] MAGISTRATES (FORMS) RULES - Chapter:227C //
[16] Archive for the ‘Chinese customary law’ //
[17] Edition of the Laws of Hong Kong (Issue 49) //
[18] Hong Kong Legal System //
[19] Lau, K.L.Alex, Young, Angus. The 2008 Declaration of Independence by Hong Kong Courts and Anomalies in the Hong Kong Company Law //
[20] Legal System in Hong Kong //
[21] Lo, P.Y. An Internationalist, Consequentialist and Non-progressive Court: Constitutional Adjudication in Hong Kong (1997–2009) //
[22] Lo, P. Y. Hong Kong’s Two Constitutional “Outsiders”, Int’l J. Const. L. Blog, February 1, 2013, available at:
[23] Wesley-Smith, Peter. The Sources of Hong Kong Law: Chinas Nestorian Monument and Its Reception in the West, 1625-1916. - Hong Kong University Press, 1994g. //
[24] Website of the Judiciary of the Hong Kong Special Administrative Region of the People’s Republic of China //