Key facts
- Hong Kong ranked 19th in the 2021 World Justice Project Rule of Law Index.
- Judicial reviews of government decisions increased significantly by 2020.
- Hong Kong's Court of Final Appeal judgments are frequently cited in UK courts.
- The rule of law in Hong Kong is based on a long common law tradition and judicial independence.
- The Basic Law guarantees the maintenance of Hong Kong's legal system.
The strength and integrity of Hong Kong's rule of law are subjects of ongoing examination, particularly in light of evolving political and legal landscapes. While global indices and legal traditions suggest a robust system, questions persist about its current state and future trajectory.
According to the World Justice Project Rule of Law Index 2021, Hong Kong ranked 19th out of 139 jurisdictions, a position comparable to the United Kingdom and Singapore, indicating a relatively strong performance. The index considers factors such as constraints on government powers, absence of corruption, open government, fundamental rights, order and security, regulatory enforcement, civil justice, and criminal justice.
Evidence of the judicial system's robustness can be seen in the increasing number of individuals seeking judicial review of government decisions. Applications rose from 1,146 in 2017 to 2,500 in 2020, with a steady number of cases not related to asylum seeker removals. Furthermore, Hong Kong's Court of Final Appeal (CFA) judgments have garnered significant respect internationally, being cited in over 55 UK court decisions and numerous others from Commonwealth jurisdictions.
The foundation of Hong Kong's rule of law is attributed to its nearly 180-year-old common law tradition, characterized by judicial independence and integrity. Judges are appointed by an independent committee, protected from arbitrary removal, and compensated adequately. A deeply entrenched mindset among legal professionals and the public emphasizes a clear line of judicial integrity that is not crossed. Transparency in the legal system, allowing the public to observe court processes, is also a key factor, as articulated by former chief justice Geoffrey Ma Tao-li.
The HKSAR's Department of Justice emphasizes that the rule of law means government power is derived from law and subject to independent judicial decisions. The principle of legality ensures that no government servant can act without legal justification, and individuals can seek court rulings to invalidate unlawful acts, with potential for compensation. Equality before the law is fundamental, meaning all individuals are subject to the law regardless of their background. The Basic Law, enacted by the PRC, maintains Hong Kong's common law system, ensuring its continued adherence to the rule of law, provided laws do not contravene the Basic Law itself.