Traditional chinese customary law is still applicable in hong kong in relation to land located in the new territories as well as to family matters and succession leading to many interesting questions sometimes with rather wide ranging practical implications. Chinese customary law in hongkongs new territories some legal premises edwin haydon last year 1961 editor the legislation regulating the new territories of hong kong was amended1 and jurisdiction was conferred on the supreme court of hong kong and on the district courts subordinate to it to hear and determine all questions and disputes at law or in. The recognition of these laws in hong kong can be traced back to captain charles elliots proclamations on the 2nd february in 1841 75 which reconciled and managed the two legal orders that the british colonial administrator pigeonholed the qing dynasty codes and chinese customs and practices as customary law in section 5 of the supreme court ordinance 76 even though there is a body of case laws on chinese customary laws as testament to the successful incorporation of chinese customary . Chinese customary law some aspects of chinese customary law apply in hong kong for example under section 13 of the new territories ordinance cap 97 the courts may recognise and enforce chinese customs or customary rights in relation to land in the new territories and chinese law and custom is recognised in the legitimacy ordinance cap 184
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