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Hong Kong Vacation Trips
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Hong Kong Legal System and Judiciary
In contrast to mainland China's civil law system, Hong Kong continues to follow the English Common Law tradition established during British rule. Her legal system is completely independent from the legal system of China. Hong Kong's courts are permitted to refer to decisions rendered by courts of other common law jurisdictions as precedents, and judges from other common law jurisdictions are allowed to sit as non-permanent judges of the Court of Final Appeal.
Structurally, Hong Kong's court system consists of the Court of Final Appeal, the High Court, which is made up of the Court of Appeal and the Court of First Instance, and the District Court, which includes the Family Court. Other adjudicative bodies include the Lands Tribunal, the Magistrates' Courts, the Juvenile Court, the Coroner's Court, the Labour Tribunal, the Small Claims Tribunal, and the Obscene Articles Tribunal. Justices of the Court of Final Appeal are appointed by Hong Kong's Chief Executive.
The Department of Justice is the government department responsible for handling legal matters, and its responsibilities involve providing legal advice to the government, criminal prosecution, civil representation, legal and policy drafting and reform, and international legal cooperation between different jurisdictions. Apart from prosecuting criminal cases, lawyers of the Department of Justice also appear in court on behalf of the government in all civil and administrative lawsuits against the government. As protector of the public interest, it may apply for judicial reviews and may intervene in any cases involving greater public interest. The Basic Law, which serves as the constitutional document of the Hong Kong SAR, protects the Department of Justice from any interference by the government when exercising its control over criminal prosecution.
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