A paper given to members of the Society of Construction Law Hong Kong on 11 April 2002
The author discusses the meaning of "common law" referred to in Article 8 of the Basic Law, and its application in Hong Kong after 1997.
The author distinguishes the common law of Hong Kong from that in England, and how the common law in other jurisdictions, notably Australia and New Zealand, has diverged from its English mother over time. He then goes on to consider how differences have developed in the construction law context with particular reference to the formulation of a duty of care, and limitation periods.
The paper concludes with a brief comment on civil justice reform.
Introduction: the Basic Law and the Common Law of Hong Kong - the Development and Divergence of the Common Law in Different Jurisdictions - the Influence of English Authority - Differences in Approaches to the Duty of Care in Construction Law - Civil Justice Reform.
The author: The Hon Sir Anthony Mason was the Chief Justice of the High Court of Australia from 1987 to 1995, and is a Non-Permanent Judge of the Court of Final Appeal of Hong Kong.