The
rule of law begins with the right of individuals to seek
protection through the courts in
which justice is administered by unbiased judges. It protects the freedom
of individuals to manage their affairs without fear of arbitrary interference
by the Government or the improper influence from the rich and powerful.
The rule of law governs the way
in which power is exercised in Hong Kong. Its principal meaning is
that the power of the Government and all government servants shall
be derived from law as expressed in legislation and the judicial decisions
made
by independent courts. No one, including the Chief Executive, can commit
an act which would otherwise constitute a legal wrong or affect a person's
liberty unless that person can point to a legal justification for that
action. If a legal justification for the action cannot be found, the
affected person can resort to a court which
may rule that the act is invalid and of no legal effect. Compensation
may be ordered in the affected person's favour. This aspect of the
rule of law is referred to as the principle of legality.
One corollary of the principle of
legality can be summarised as equality before the law. It is fundamental
that all persons, regardless of their race, rank, politics or religion,
are equally subject to the laws of the land. Further, the rule of law
requires that the courts are independent of the Government Executive
bodies.
This independence is crucial if impartial rulings are to be given in
judging the legality of the acts carried out by the Government.
The Basic Law ensures that the legal
system in the HKSAR will continue to give effect to the rule of law
by providing that the laws previously in force in Hong Kong shall be
maintained, save for any that contravene the Basic Law and subject
to any subsequent amendment by the HKSAR Legislature.
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