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 From Hong Kong's Information Services Department
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February 17, 2005
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Law
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1 Country, 2 Systems a successful reality: SJ
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Elsie Leung
On target: Hong Kong's challenge to turn the One Country, Two Systems concept into reality has been met, Secretary for Justice Elsie Leung says.

Hong Kong's challenge to turn the One Country, Two Systems concept into reality has been successfully met, Secretary for Justice Elsie Leung says.

 

Opening the 2005 Legal Year today, Ms Leung said that in an open society governed by the rule of law, controversial issues and constitutional challenges are inevitable.

 

"The resolution of each controversy has left us with a better understanding of One Country, Two Systems, and a greater ability to tackle new problems," she said.

 

Over the past seven years, more than a third of the 160 Basic Law articles have been interpreted by Hong Kong's courts. She said judgments in these cases not only determined the particular dispute on issue, but also created a body of precedents that strengthens our understanding of the Basic Law.

 

Issues clarified

Important aspects of the Basic Law that have been clarified include the right of abode, the continuity of the common law, freedom of expression, the right of peaceful assembly, the protection of property rights, and the rights of public servants.

 

Noting that a constitution has been compared to a "living tree", Ms Leung said precedents on the meaning of the Basic Law can therefore be regarded as the growing roots and branches of our constitution.

 

"This process of growth is of immense value to the Government, to the legal profession and to the community as a whole. The Government will acquire more guidance as to what it may, and may not, lawfully do. The legal profession will be better able to advise clients. And members of the community will see that the core values set out in the Basic Law are protected by independent judges."