Division Of Power Between Central And HKSAR In The Judicial Field

Within the framework of the Basic Law of the Hong Kong Special Administrative Region,Hong Kong Special Administrative Region possesses independent judicial power, including thepower of final adjudication. The “independence” of HKSAR’s judicial power covers twomeanings: on the one hand, HKSAR’s judicial power is independent of HKSAR’s legislativepower and executive power; on the other hand, HKSAR’s jurisdiction is independent of thecentral state’s judicial power, which means that the HKSAR’s courts shall exercise thejurisdiction all over the case except which is involved in national behavior. The Central Districtand Hong Kong Special Administrative Region both have their own scope of jurisdiction, and theCentral District can only adjust and control the HKSAR’s judicial power by modifying orexplaining the Basic Law of the Hong Kong Special Administrative Region. In reality, that anyparty fails to perform the obligations and improperly to expand its own power is likely to cause aconflict. The fundamental causes of the conflict is that the judicial relations, between the CentralDistrict and HKSAR, lacks the corresponding design in the Basic Law of the Hong Kong SpecialAdministrative Region. And there are other causes of the conflict, including the different legalsystem and legal concepts, different politics, economy, society and cultural background betweenthe two places and so on. To ensure ‘Hong Kong People Ruling Hong Kong’and ‘A HighDegree of Autonomy’, the Central District is not suitable to take strong measures to deal withthe conflict., but to perfect the explanation facility of the Basic Law of the Hong Kong SpecialAdministrative Region, Strengthen the coordinating role of the basic law committee, andgradually change the demands of the appointment and removal of the HKSAR judge, in whichway to gradually straighten out and improve judicial relations between the Central District andHKSAR.