Cornell International Law Journal Volume 30 Article 3 Issue 2 1997 Lost in the Translation: Two Legal Cultures, the Common Law Judiciary and the Basic Law of the Hong Kong Special Administrative Region Ann D. Jordan Follow this and additional works at: http://scholarship.law.cornell.edu/cilj Part of the Law Commons Recommended Citation Jordan, Ann D. (1997) "Lost in the Translation: Two Legal Cultures, the Common Law Judiciary and the Basic Law of the Hong Kong Special Administrative Region," Cornell International Law Journal: Vol. 30: Iss. 2, Article 3. Available at: http://scholarship.law.cornell.edu/cilj/vol30/iss2/3 This Article is brought to you for free and open access by Scholarship@Cornell Law: A Digital Repository. It has been accepted for inclusion in Cornell International Law Journal by an authorized administrator of Scholarship@Cornell Law: A Digital Repository. For more information, please contact
[email protected]. Lost in the Translation: Two Legal Cultures, the Common Law Judiciary and the Basic Law of the Hong Kong Special Administrative Region Ann D. Jordan* Introduction Hong Kong's common law legal system will not survive the 1997 transfer of sovereignty to China intact. It will slowly be transformed into a capitalist common law/socialist civil law system, tempered by political realities rather than forged by a coherent set of legal principles. The formal source of the conflict is the Basic Law,' a Chinese state-level law written by main- land Chinese scholars and officials with input from Hong Kong officials. The Basic Law is the national expression of China's promises contained in the Joint Declaration,2 the 1984 agreement whereby Britain transfers sover- eignty over Hong Kong to China.