An Examination of the Causes of the Criminal Jurisdiction Model of the Hong Kong SAR of China

Since China resumed the exercise of sovereignty over Hong Kong, it has implemented the policy of One Country, Two Systems, conferring on the HKSAR a high degree of autonomy and independent judicial power, including that of final adjudication. The HKSAR enjoys criminal jurisdiction over local criminal cases, except in exceptional circumstances where criminal jurisdiction of the HKSAR is expressly excluded, and the corresponding criminal prosecution authorities carry out investigations, prosecutions and trials in accordance with the provisions of local law and the common law tradition. The HKSAR's model of criminal jurisdiction is generally characterised by a single-track operation, which is the normative manifestation of the single-track model. The formation and development of the HKSAR's normalised model of criminal jurisdiction is attributable to a number of factors, including both policy and legal considerations, and both practical considerations and historical traditions. On balance, the formation and development of the HKSAR's criminal jurisdiction model reflects the Central Authorities' respect for and trust in the HKSAR, and is consistent with the HKSAR's sui generis legal system and unique common law tradition. The formation of the HKSAR's criminal jurisdiction model has its own historical and practical considerations, reflecting the Central Authorities' respect for and trust in the HKSAR, as well as being compatible with the HKSAR's unique legal system and common law tradition. Facing up to and analysing its causes is conducive to the accurate implementation of the principle and policy of One Country, Two Systems, and is conducive to the effective governance of the HKSAR, thus contributing to the stability and progress of One Country, Two Systems.