Chief justice hails rule of law at opening of conference
Chief Justice Andrew Li Kwok-nang yesterday welcomed the landmark return of the Commonwealth Law Conference to Hong Kong, noting that this was the first time a non-commonwealth jurisdiction had hosted the conference.
It represented a recognition of the successful implementation of 'one country, two systems', he told the conference opening ceremony at the Convention and Exhibition Centre.
More than 600 lawyers from 43 countries are in the city for their annual conference, a four-day event titled 'The Dynamics of Law in a Rapidly Changing World', which will include discussion on human rights, commercial law and the role of the profession.
Hong Kong hosted the 7th Commonwealth Law Conference in 1983, which the chief justice noted in his welcoming speech had 'occurred in a different era'.
'At that time, China was in the early years of modernisation ... In September 1983, we were in the midst of the Sino-British negotiations over the future of Hong Kong,' he said.
'Since July 1, 1997, when China resumed the exercise of sovereignty under the principle of 'one country, two systems', the common law system has continued to be maintained and indeed has continued to thrive in Hong Kong in accordance with the Basic Law, our mini-constitution.'
Recent research by Simon Young, director of the centre for comparative and public law at the University of Hong Kong, found that the Court of Final Appeal was well in line with progressive thinking from other common law jurisdictions on the issue of constitutional rights.
A third of rights cases in the top court have at least one senior British lawyer representing the parties, bringing in expertise from the European Court of Human Rights. Some 75 per cent of cases cited in Hong Kong judgments are from elsewhere.
Mr Li added: 'Comparative jurisprudence is regarded as so important to the continuation of the common law that our Basic Law contains an express provision that our courts 'may refer to precedents of other common law jurisdictions'.'
Nevertheless, he praised the fact that common law jurisdictions had developed their own strengths in the past 25 years.
'That there is diversity across the common law world is a strength and not a weakness of the common law. The genius of the common law as developed by the courts lies in its capacity to adapt.'
He also stressed that while systems may develop independently, the fundamental values of a common law system will always be shared.
'These values are based on the cardinal importance of the rule of law, with an independent judiciary and an independent legal profession, and on the fundamental respect for human rights and the dignity of the individual,' he said. 'The Commonwealth Law Conference provides an opportunity for all concerned in the law to remind ourselves of the vital importance of these values, to reaffirm them unequivocally and to renew our steadfast and resolute commitment to them.'
