Protecting your legal position

The legal system of Hong Kong is based on the rule of law and is upheld by an independent judiciary. Under the principle of ‘one country, two systems’ – which guarantees Hong Kong a high degree of autonomy – Hong Kong’s legal system differs considerably from that of the Mainland.

Hong Kong’s legal system is still based on the English common law and the vast majority of the pre-1997 laws (or Ordinances) remain the same, and are available in Chinese and English.

Corruption
The Hong Kong government has a policy of zero tolerance for corruption. Education, prevention and investigation are led by the widely-respected Independent Commission Against Corruption (ICAC). With the support of the Government and the community, Hong Kong is now among the least corrupt places in the world, rating above, for example, Japan and the US.

Dispute Resolution
There are several ways of solving disputes in Hong Kong. In fact, the city is recognised as one of the world’s leading arbitration centres.

1. Mediation
Mediation is growing more popular as an alternative to litigation or arbitration. The Hong Kong International Arbitration Centre encourages mediation by promoting its benefits, training mediators and keeping a register of accredited mediators.

2. Arbitration
Arbitration is governed by the Arbitration Ordinance and operates a panel of international and local arbitrators. The Chartered Institute of Arbitrators and the Hong Kong Institute of Arbitrators are involved in developing and managing the industry. This has made Hong Kong a popular choice, in particular, for commercial, shipping and building arbitrations.

3. Litigation
Litigation in the courts is similar to that of the UK and other Commonwealth jurisdictions. It comprises Small Claims Tribunals (up to HK$50,000 or approximately US$ ,000), District Courts and High Courts.