Chapter 9

Hong Kong

Doreen Weisenhaus

Doreen Weisenhaus

University of Hong Kong, Hong Kong

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Rick Glofcheski

Rick Glofcheski

University of Hong Kong, Hong Kong

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Edward J. Davis

Edward J. Davis

Davis Wright Tremaine LLP, USA

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First published: 16 January 2013

Summary

As a consequence of its historical status as a British colony, Hong Kong relies heavily on English decisions as a source of law and as a touchstone for the development of legal principles. The Hong Kong Constitution—the Basic Law, in force since 1997, when Hong Kong was returned to China—provides that the decisions of “other common law jurisdictions” may be relied on as precedents. Because Hong Kong is a Special Administrative Region of the People's Republic of China, the national laws of the PRC, including media regulations, are not applied in Hong Kong, with the exception of some laws governing defense and foreign affairs. Although the law of defamation in Hong Kong is found largely in the case law, there is some legislation that regulates defamation actions.

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