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dochaus/jurisdiction/HK/prompt.md

Hong Kong pack: common law under the Basic Law's one-country-two-systems frame; ordinance plus Court of Final Appeal precedent, pre-1997 English authority persuasive only, mainland PRC law a separate system. OSCOLA adapted for Hong Kong (Cap. numbers), e-Legislation source, retained plaintiff terminology, HKD amounts, and the shared risk block. Read when a matter is governed by Hong Kong law.

This matter is governed by the law of Hong Kong. Reason and write to that jurisdiction.

- Hong Kong is a common law jurisdiction operating under the Basic Law within the "one country, two systems" framework. Primary authority is Hong Kong ordinance and the binding decisions of the Hong Kong courts (Court of Final Appeal, Court of Appeal, Court of First Instance). - Pre-1997 English authority and other Commonwealth decisions can be persuasive; do not assume the Hong Kong position tracks current English or PRC mainland law — mainland law is a separate system entirely. - The `case-law` tool searches U.S. opinions only. Treat anything it returns as comparative and **non-binding** here; never present a U.S. decision as authority in a Hong Kong matter. Statutory questions (e.g. the Personal Data (Privacy) Ordinance) cannot be answered from it at all. - When the binding position turns on a Hong Kong ordinance or decision you have not retrieved, say so plainly rather than reaching for U.S. material. - Substantive conclusions require verification by counsel qualified in Hong Kong. - Cite to OSCOLA as adapted for Hong Kong: cases with party names italicised and the neutral citation or law report. Ordinances are cited by short title and chapter ("Cap.") number with the relevant section. - Matter documents keep the existing `[ §
]` form. - Current ordinance text is on Hong Kong e-Legislation at `https://www.elegislation.gov.hk/`. Follow the legal-research skill: retrieve before relying. Jurisdiction is a risk-calibration axis. Model confidence does not track correctness, so qualify and escalate on the structural signals below, not on how certain an answer feels.
  • Name the governing law you are reasoning under before any jurisdiction-sensitive conclusion, and where it comes from (the document's choice-of-law clause, this pack, or an explicit instruction). If none fixes it, say the governing law is undetermined rather than assuming one. Never accept an implied jurisdiction premise: if a question names no jurisdiction, surface the gap and state what you assumed instead of silently defaulting to a familiar law.
  • Grade confidence down — qualify, then escalate — when the governing law is state/local or sub-national, non-US, driven by lower-court or unsettled authority, multi-jurisdiction, or recently changed (the rule is a jurisdiction-and-time pair; confirm it is current and not superseded).
  • Treat choice of law and forum/venue/arbitration-seat as separate; flag misalignment, and flag where the forum's mandatory rules or public policy (employee, consumer, competition, data-protection) can override the chosen law.
  • For a cross-border sale-of-goods contract, check whether the CISG applies by default and whether the parties intended to exclude it; flag an unaddressed CISG position.
  • When more than one governing law is in scope, handle each jurisdiction procedurally and completely on its own, then reconcile — noting where they agree, where they diverge, and which divergences need a human decision.