|
THE
BASIC LAW OF THE HONG KONG SPECIAL
ADMINISTRATIVE REGION OF THE PEOPLE'S REPUBLIC OF CHINA |
CONTENTS
Preamble
Chapter I General Principles
Chapter II Relationship between the Central Authorities and the
Hong Kong Special Administrative Region
Chapter III Fundamental Rights and Duties of the Residents
Chapter IV Political Structure
Section 1 The Chief Executive
Section 2 The Executive Authorities
Section 3 The Legislature
Section 4 The Judiciary
Section 5 District Organizations
Section 6 Public Servants
Chapter V Economy
Section 1 Public Finance, Monetary Affairs, Trade, Industry and
Commerce
Section 2 Land Leases
Section 3 Shipping
Section 4 Civil Aviation
Chapter VI Education, Science, Culture, Sports, Religion, Labour
and Social Services
Chapter VII External Affairs
Chapter VIII Interpretation and Amendment of the Basic Law
Chapter IX Supplementary Provisions
Annex I Method for the Selection of the Chief Executive of the
Hong Kong Special Administrative Region
Annex II Method for the Formation of the Legislative Council of
the Hong Kong Special Administrative Region and Its Voting Procedures
Annex III National Laws to be Applied in the Hong Kong Special
Administrative Region
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Preamble
Hong Kong has been part of the territory of China since ancient
times; it was occupied by Britain after the Opium War in 1840. On
19 December 1984, the Chinese and British Governments signed the
Joint Declaration on the Question of Hong Kong, affirming that the
Government of the People's Republic of China will resume the exercise
of sovereignty over Hong Kong with effect from 1 July 1997, thus
fulfilling the long-cherished common aspiration of the Chinese people
for the recovery of Hong Kong.
Upholding national unity and territorial integrity, maintaining
the prosperity and stability of Hong Kong, and taking account of
its history and realities, the People's Republic of China has decided
that upon China's resumption of the exercise of sovereignty over
Hong Kong, a Hong Kong Special Administrative Region will be established
in accordance with the provisions of Article 31 of the Constitution
of the People's Republic China, and that under the principle of
"one country, two systems", the socialist system and policies
will not be practised in Hong Kong. The basic policies of the People's
Republic of China regarding Hong Kong have been elaborated by the
Chinese Government in the Sino-British Joint Declaration.
In accordance with the Constitution of the People's Republic of
China, the National People's Congress hereby enacts the Basic Law
of the Hong Kong Special Administrative Region of the People's Republic
of China, prescribing the systems to be practised in the Hong Kong
Special Administrative Region, in order to ensure the implementation
of the basic policies of the People's Republic of China regarding
Hong Kong.
Chapter I General Principles
Article 1 The Hong Kong Special Administrative Region is an inalienable
part of the People's Republic of China.
Article 2 The National People's Congress authorizes the Hong Kong
Special Administrative Region to exercise a high degree of autonomy
and enjoy executive, legislative and independent judicial power,
including that of final adjudication, in accordance with the provisions
of this Law.
Article 3 The executive authorities and legislature of the Hong
Kong Special Administrative Region shall be composed of permanent
residents of Hong Kong in accordance with the relevant provisions
of this Law.
Article 4 The Hong Kong Special Administrative Region shall safeguard
the rights and freedoms of the residents of the Hong Kong Special
Administrative Region and of other persons in the Region in accordance
with law.
Article 5 The socialist system and policies shall not be practised
in the Hong Kong Special Administrative Region, and the previous
capitalist system and way of life shall remain unchanged for 50
years.
Article 6 The Hong Kong Special Administrative Region shall protect
the right of private ownership of property in accordance with law.
Article 7 The land and natural resources within the Hong Kong Special
Administrative Region shall be State property. The Government of
the Hong Kong Special Administrative Region shall be responsible
for their management, use and development and for their lease or
grant to individuals, legal persons or organizations for use or
development. The revenues derived therefrom shall be exclusively
at the disposal of the government of the Region.
Article 8 The laws previously in force in Hong Kong, that is, the
common law, rules of equity, ordinances, subordinate legislation
and customary law shall be maintained, except for any that contravene
this Law, and subject to any amendment by the legislature of the
Hong Kong Special Administrative Region.
Article 9 In addition to the Chinese language, English may also
be used as an official language by the executive authorities, legislature
and judiciary of the Hong Kong Special Administrative Region.
Article 10 Apart from displaying the national flag and national
emblem of the People's Republic of China, the Hong Kong Special
Administrative Region may also use a regional flag and regional
emblem.
The regional flag of the Hong Kong Special Administrative Region
is a red flag with a bauhinia highlighted by five star-tipped stamens.
The regional emblem of the Hong Kong Special Administrative Region
is a bauhinia in the centre highlighted by five star-tipped stamens
and encircled by the words "Hong Kong Special Administrative
Region of the People's Republic of China" in Chinese and "HONG
KONG" in English.
Article 11 In accordance with Article 31 of the Constitution of
the People's Republic of China, the systems and policies practised
in the Hong Kong Special Administrative Region, including the social
and economic systems, the system for safeguarding the fundamental
rights and freedoms of its residents, the executive, legislative
and judicial systems, and the relevant policies, shall be based
on the provisions of this Law.
No law enacted by the legislature of the Hong Kong Special Administrative
Region shall contravene this Law.
Chapter II Relationship between the Central Authorities
and the Hong Kong Special Administrative
Region
Article 12 The Hong Kong Special Administrative Region shall be
a local administrative region of the People's Republic of China,
which shall enjoy a high degree of autonomy and come directly under
the Central People's Government.
Article 13 The Central People's Government shall be responsible
for the foreign affairs relating to the Hong Kong Special Administrative
Region.
The Ministry of Foreign Affairs of the People's Republic of China
shall establish an office in Hong Kong to deal with foreign affairs.
The Central People's Government authorizes the Hong Kong Special
Administrative Region to conduct relevant external affairs on its
own in accordance with this Law.
Article 14 The Central People's Government shall be responsible
for the defence of the Hong Kong Special Administrative Region.
The Government of the Hong Kong Special Administrative Region
shall be responsible for the maintenance of public order in the
Region.
Military forces stationed by the Central People's Government in
the Hong Kong Special Administrative Region for defence shall not
interfere in the local affairs of the Region. The Government of
the Hong Kong Special Administrative Region may, when necessary,
ask the Central People's Government for assistance from the garrison
in the maintenance of public order and in disaster relief.
In addition to abiding by national laws, members of the garrison
shall abide by the laws of the Hong Kong Special Administrative
Region.
Expenditure for the garrison shall be borne by the Central People's
Government.
Article 15 The Central People's Government shall appoint the Chief
Executive and the principal officials of the executive authorities
of the Hong Kong Special Administrative Region in accordance with
the provisions of Chapter IV of this Law.
Article 16 The Hong Kong Special Administrative Region shall be
vested with executive power. It shall, on its own, conduct the administrative
affairs of the Region in accordance with the relevant provisions
of this Law.
Article 17 The Hong Kong Special Administrative Region shall be
vested with legislative power.
Laws enacted by the legislature of the Hong Kong Special Administrative
Region must be reported to the Standing Committee of the National
People's Congress for the record. The reporting for record shall
not affect the entry into force of such laws.
If the Standing Committee of the National People's Congress, after
consulting the Committee for the Basic Law of the Hong Kong Special
Administrative Region under it, considers that any law enacted by
the legislature of the Region is not in conformity with the provisions
of this Law regarding affairs within the responsibility of the Central
Authorities or regarding the relationship between the Central Authorities
and the Region, the Standing Committee may return the law in question
but shall not amend it. Any law returned by the Standing Committee
of the National People's Congress shall immediately be invalidated.
This invalidation shall not have retroactive effect, unless otherwise
provided for in the laws of the Region.
Article 18 The laws in force in the Hong Kong Special Administrative
Region shall be this Law, the laws previously in force in Hong Kong
as provided for in Article 8 of this Law, and the laws enacted by
the legislature of the Region.
National laws shall not be applied in the Hong Kong Special Administrative
Region except for those listed in Annex III to this Law. The laws
listed therein shall be applied locally by way of promulgation or
legislation by the Region.
The Standing Committee of the National People's Congress may add
to or delete from the list of laws in Annex III after consulting
its Committee for the Basic Law of the Hong Kong Special Administrative
Region and the government of the Region. Laws listed in Annex III
to this Law shall be confined to those relating to defence and foreign
affairs as well as other matters outside the limits of the autonomy
of the Region as specified by this Law.
In the event that the Standing Committee of the National People's
Congress decides to declare a state of war or, by reason of turmoil
within the Hong Kong Special Administrative Region which endangers
national unity or security and is beyond the control of the government
of the Region, decides that the Region is in a state of emergency,
the Central People's Government may issue an order applying the
relevant national laws in the Region.
Article 19 The Hong Kong Special Administrative Region shall be
vested with independent judicial power, including that of final
adjudication.
The courts of the Hong Kong Special Administrative Region shall
have jurisdiction over all cases in the Region, except that the
restrictions on their jurisdiction imposed by the legal system and
principles previously in force in Hong Kong shall be maintained.
The courts of the Hong Kong Special Administrative Region shall
have no jurisdiction over acts of state such as defence and foreign
affairs. The courts of the Region shall obtain a certificate from
the Chief Executive on questions of fact concerning acts of state
such as defence and foreign affairs whenever such questions arise
in the adjudication of cases. This certificate shall be binding
on the courts. Before issuing such a certificate, the Chief Executive
shall obtain a certifying document from the Central People's Government.
Article 20 The Hong Kong Special Administrative Region may enjoy
other powers granted to it by the National People's Congress, the
Standing Committee of the National People's Congress or the Central
People's Government.
Article 21 Chinese citizens who are residents of the Hong Kong
Special Administrative Region shall be entitled to participate in
the management of state affairs according to law.
In accordance with the assigned number of seats and the selection
method specified by the National People's Congress, the Chinese
citizens among the residents of the Hong Kong Special Administrative
Region shall locally elect deputies of the Region to the National
People's Congress to participate in the work of the highest organ
of state power.
Article 22 No department of the Central People's Government and
no province, autonomous region, or municipality directly under the
Central Government may interfere in the affairs which the Hong Kong
Special Administrative Region administers on its own in accordance
with this Law.
If there is a need for departments of the Central Government,
or for provinces, autonomous regions, or municipalities directly
under the Central Government to set up offices in the Hong Kong
Special Administrative Region, they must obtain the consent of the
government of the Region and the approval of the Central People's
Government.
All offices set up in the Hong Kong Special Administrative Region
by departments of the Central Government, or by provinces, autonomous
regions, or municipalities directly under the Central Government,
and the personnel of these offices shall abide by the laws of the
Region.
For entry into the Hong Kong Special Administrative Region, people
from other parts of China must apply for approval. Among them, the
number of persons who enter the Region for the purpose of settlement
shall be determined by the competent authorities of the Central
People's Government after consulting the government of the Region.
The Hong Kong Special Administrative Region may establish an office
in Beijing.
Article 23 The Hong Kong Special Administrative Region shall enact
laws on its own to prohibit any act of treason, secession, sedition,
subversion against the Central People's Government, or theft of
state secrets, to prohibit foreign political organizations or bodies
from conducting political activities in the Region, and to prohibit
political organizations or bodies of the Region from establishing
ties with foreign political organizations or bodies.
Chapter III Fundamental Rights and Duties of the Residents
Article 24 Residents of the Hong Kong Special Administrative Region
("Hong Kong residents") shall include permanent residents
and non-permanent residents.
The permanent residents of the Hong Kong Special Administrative
Region shall be :
(1) Chinese citizens born in Hong Kong before or after the establishment
of the Hong Kong Special Administrative Region;
(2) Chinese citizens who have ordinarily resided in Hong Kong for
a continuous period of not less than seven years before or after
the establishment of the Hong Kong Special Administrative Region;
(3) Persons of Chinese nationality born outside Hong Kong of those
residents listed in categories (1) and (2);
(4) Persons not of Chinese nationality who have entered Hong Kong
with valid travel documents, have ordinarily resided in Hong Kong
for a continuous period of not less than seven years and have taken
Hong Kong as their place of permanent residence before or after
the establishment of the Hong Kong Special Administrative Region;
(5) Persons under 21 years of age born in Hong Kong of those residents
listed in category (4) before or after the establishment of the
Hong Kong Special Administrative Region; and
(6) Persons other than those residents listed in categories (1)
to (5), who, before the establishment of the Hong Kong Special Administrative
Region, had the right of abode in Hong Kong only.
The above-mentioned residents shall have the right of abode in
the Hong Kong Special Administrative Region and shall be qualified
to obtain, in accordance with the laws of the Region, permanent
identity cards which state their right of abode.
The non-permanent residents of the Hong Kong Special Administrative
Region shall be persons who are qualified to obtain Hong Kong identity
cards in accordance with the laws of the Region but have no right
of abode.
Article 25 All Hong Kong residents shall be equal before the law.
Article 26 Permanent residents of the Hong Kong Special Administrative
Region shall have the right to vote and the right to stand for election
in accordance with law.
Article 27 Hong Kong residents shall have freedom of speech, of
the press and of publication; freedom of association, of assembly,
of procession and of demonstration; and the right and freedom to
form and join trade unions, and to strike.
Article 28 The freedom of the person of Hong Kong residents shall
be inviolable.
No Hong Kong resident shall be subjected to arbitrary or unlawful
arrest, detention or imprisonment. Arbitrary or unlawful search
of the body of any resident or deprivation or restriction of the
freedom of the person shall be prohibited. Torture of any resident
or arbitrary or unlawful deprivation of the life of any resident
shall be prohibited.
Article 29 The homes and other premises of Hong Kong residents
shall be inviolable. Arbitrary or unlawful search of, or intrusion
into, a resident's home or other premises shall be prohibited.
Article 30 The freedom and privacy of communication of Hong Kong
residents shall be protected by law. No department or individual
may, on any grounds, infringe upon the freedom and privacy of communication
of residents except that the relevant authorities may inspect communication
in accordance with legal procedures to meet the needs of public
security or of investigation into criminal offences.
Article 31 Hong Kong residents shall have freedom of movement within
the Hong Kong Special Administrative Region and freedom of emigration
to other countries and regions. They shall have freedom to travel
and to enter or leave the Region. Unless restrained by law, holders
of valid travel documents shall be free to leave the Region without
special authorization.
Article 32 Hong Kong residents shall have freedom of conscience.
Hong Kong residents shall have freedom of religious belief and
freedom to preach and to conduct and participate in religious activities
in public.
Article 33 Hong Kong residents shall have freedom of choice of
occupation.
Article 34 Hong Kong residents shall have freedom to engage in
academic research, literary and artistic creation, and other cultural
activities.
Article 35 Hong Kong residents shall have the right to confidential
legal advice, access to the courts, choice of lawyers for timely
protection of their lawful rights and interests or for representation
in the courts, and to judicial remedies.
Hong Kong residents shall have the right to institute legal proceedings
in the courts against the acts of the executive authorities and
their personnel.
Article 36 Hong Kong residents shall have the right to social welfare
in accordance with law. The welfare benefits and retirement security
of the labour force shall be protected by law.
Article 37 The freedom of marriage of Hong Kong residents and their
right to raise a family freely shall be protected by law.
Article 38 Hong Kong residents shall enjoy the other rights and
freedoms safeguarded by the laws of the Hong Kong Special Administrative
Region.
Article 39 The provisions of the International Covenant on Civil
and Political Rights, the International Covenant on Economic, Social
and Cultural Rights, and international labour conventions as applied
to Hong Kong shall remain in force and shall be implemented through
the laws of the Hong Kong Special Administrative Region.
The rights and freedoms enjoyed by Hong Kong residents shall not
be restricted unless as prescribed by law. Such restrictions shall
not contravene the provisions of the preceding paragraph of this
Article.
Article 40 The lawful traditional rights and interests of the indigenous
inhabitants of the "New Territories" shall be protected
by the Hong Kong Special Administrative Region.
Article 41 Persons in the Hong Kong Special Administrative Region
other than Hong Kong residents shall, in accordance with law, enjoy
the rights and freedoms of Hong Kong residents prescribed in this
Chapter.
Article 42 Hong Kong residents and other persons in Hong Kong shall
have the obligation to abide by the laws in force in the Hong Kong
Special Administrative Region.
Chapter IV Political Structure
Section 1 The Chief Executive
Article 43 The Chief Executive of the Hong Kong Special Administrative
Region shall be the head of the Hong Kong Special Administrative
Region and shall represent the Region.
The Chief Executive of the Hong Kong Special Administrative Region
shall be accountable to the Central People's Government and the
Hong Kong Special Administrative Region in accordance with the provisions
of this Law.
Article 44 The Chief Executive of the Hong Kong Special Administrative
Region shall be a Chinese citizen of not less than 40 years of age
who is a permanent resident of the Region with no right of abode
in any foreign country and has ordinarily resided in Hong Kong for
a continuous period of not less than 20 years.
Article 45 The Chief Executive of the Hong Kong Special Administrative
Region shall be selected by election or through consultations held
locally and be appointed by the Central People's Government.
The method for selecting the Chief Executive shall be specified
in the light of the actual situation in the Hong Kong Special Administrative
Region and in accordance with the principle of gradual and orderly
progress. The ultimate aim is the selection of the Chief Executive
by universal suffrage upon nomination by a broadly representative
nominating committee in accordance with democratic procedures.
The specific method for selecting the Chief Executive is prescribed
in Annex I "Method for the Selection of the Chief Executive
of the Hong Kong Special Administrative Region".
Article 46 The term of office of the Chief Executive of the Hong
Kong Special Administrative Region shall be five years. He or she
may serve for not more than two consecutive terms.
Article 47 The Chief Executive of the Hong Kong Special Administrative
Region must be a person of integrity, dedicated to his or her duties.
The Chief Executive, on assuming office, shall declare his or
her assets to the Chief Justice of the Court of Final Appeal of
the Hong Kong Special Administrative Region. This declaration shall
be put on record.
Article 48 The Chief Executive of the Hong Kong Special Administrative
Region shall exercise the following powers and functions :
(1) To lead the government of the Region;
(2) To be responsible for the implementation of this Law and other
laws which, in accordance with this Law, apply in the Hong Kong
Special Administrative Region;
(3) To sign bills passed by the Legislative Council and to promulgate
laws;
To sign budgets passed by the Legislative Council and report the
budgets and final accounts to the Central People's Government for
the record;
(4) To decide on government policies and to issue executive orders;
(5) To nominate and to report to the Central People's Government
for appointment the following principal officials: Secretaries and
Deputy Secretaries of Departments, Directors of Bureaux, Commissioner
Against Corruption, Director of Audit, Commissioner of Police, Director
of Immigration and Commissioner of Customs and Excise; and to recommend
to the Central People's Government the removal of the above-mentioned
officials;
(6) To appoint or remove judges of the courts at all levels in
accordance with legal procedures;
(7) To appoint or remove holders of public office in accordance
with legal procedures;
(8) To implement the directives issued by the Central People's
Government in respect of the relevant matters provided for in this
Law;
(9) To conduct, on behalf of the Government of the Hong Kong Special
Administrative Region, external affairs and other affairs as authorized
by the Central Authorities;
(10) To approve the introduction of motions regarding revenues
or expenditure to the Legislative Council;
(11) To decide, in the light of security and vital public interests,
whether government officials or other personnel in charge of government
affairs should testify or give evidence before the Legislative Council
or its committees;
(12) To pardon persons convicted of criminal offences or commute
their penalties; and
(13) To handle petitions and complaints.
Article 49 If the Chief Executive of the Hong Kong Special Administrative
Region considers that a bill passed by the Legislative Council is
not compatible with the overall interests of the Region, he or she
may return it to the Legislative Council within three months for
reconsideration. If the Legislative Council passes the original
bill again by not less than a two-thirds majority of all the members,
the Chief Executive must sign and promulgate it within one month,
or act in accordance with the provisions of Article 50 of this Law.
Article 50 If the Chief Executive of the Hong Kong Special Administrative
Region refuses to sign a bill passed the second time by the Legislative
Council, or the Legislative Council refuses to pass a budget or
any other important bill introduced by the government, and if consensus
still cannot be reached after consultations, the Chief Executive
may dissolve the Legislative Council.
The Chief Executive must consult the Executive Council before
dissolving the Legislative Council. The Chief Executive may dissolve
the Legislative Council only once in each term of his or her office.
Article 51 If the Legislative Council of the Hong Kong Special
Administrative Region refuses to pass the budget introduced by the
government, the Chief Executive may apply to the Legislative Council
for provisional appropriations. If appropriation of public funds
cannot be approved because the Legislative Council has already been
dissolved, the Chief Executive may, prior to the election of the
new Legislative Council, approve provisional short-term appropriations
according to the level of expenditure of the previous fiscal year.
Article 52 The Chief Executive of the Hong Kong Special Administrative
Region must resign under any of the following circumstances :
(1) When he or she loses the ability to discharge his or her duties
as a result of serious illness or other reasons;
(2) When, after the Legislative Council is dissolved because he
or she twice refuses to sign a bill passed by it, the new Legislative
Council again passes by a two-thirds majority of all the members
the original bill in dispute, but he or she still refuses to sign
it; and
(3) When, after the Legislative Council is dissolved because it
refuses to pass a budget or any other important bill, the new Legislative
Council still refuses to pass the original bill in dispute.
Article 53 If the Chief Executive of the Hong Kong Special Administrative
Region is not able to discharge his or her duties for a short period,
such duties shall temporarily be assumed by the Administrative Secretary,
Financial Secretary or Secretary of Justice in this order of precedence.
In the event that the office of Chief Executive becomes vacant,
a new Chief Executive shall be selected within six months in accordance
with the provisions of Article 45 of this Law. During the period
of vacancy, his or her duties shall be assumed according to the
provisions of the preceding paragraph.
Article 54 The Executive Council of the Hong Kong Special Administrative
Region shall be an organ for assisting the Chief Executive in policy-making.
Article 55 Members of the Executive Council of the Hong Kong Special
Administrative Region shall be appointed by the Chief Executive
from among the principal officials of the executive authorities,
members of the Legislative Council and public figures. Their appointment
or removal shall be decided by the Chief Executive. The term of
office of members of the Executive Council shall not extend beyond
the expiry of the term of office of the Chief Executive who appoints
them.
Members of the Executive Council of the Hong Kong Special Administrative
Region shall be Chinese citizens who are permanent residents of
the Region with no right of abode in any foreign country.
The Chief Executive may, as he or she deems necessary, invite
other persons concerned to sit in on meetings of the Council.
Article 56 The Executive Council of the Hong Kong Special Administrative
Region shall be presided over by the Chief Executive.
Except for the appointment, removal and disciplining of officials
and the adoption of measures in emergencies, the Chief Executive
shall consult the Executive Council before making important policy
decisions, introducing bills to the Legislative Council, making
subordinate legislation, or dissolving the Legislative Council.
If the Chief Executive does not accept a majority opinion of the
Executive Council, he or she shall put the specific reasons on record.
Article 57 A Commission Against Corruption shall be established
in the Hong Kong Special Administrative Region. It shall function
independently and be accountable to the Chief Executive.
Article 58 A Commission of Audit shall be established in the Hong
Kong Special Administrative Region. It shall function independently
and be accountable to the Chief Executive.
Section 2 The Executive Authorities
Article 59 The Government of the Hong Kong Special Administrative
Region shall be the executive authorities of the Region.
Article 60 The head of the Government of the Hong Kong Special
Administrative Region shall be the Chief Executive of the Region.
A Department of Administration, a Department of Finance, a Department
of Justice, and various bureaux, divisions and commissions shall
be established in the Government of the Hong Kong Special Administrative
Region.
Article 61 The principal officials of the Hong Kong Special Administrative
Region shall be Chinese citizens who are permanent residents of
the Region with no right of abode in any foreign country and have
ordinarily resided in Hong Kong for a continuous period of not less
than 15 years.
Article 62 The Government of the Hong Kong Special Administrative
Region shall exercise the following powers and functions :
(1) To formulate and implement policies;
(2) To conduct administrative affairs;
(3) To conduct external affairs as authorized by the Central People's
Government under this Law;
(4) To draw up and introduce budgets and final accounts;
(5) To draft and introduce bills, motions and subordinate legislation;
and
(6) To designate officials to sit in on the meetings of the Legislative
Council and to speak on behalf of the government.
Article 63 The Department of Justice of the Hong Kong Special Administrative
Region shall control criminal prosecutions, free from any interference.
Article 64 The Government of the Hong Kong Special Administrative
Region must abide by the law and be accountable to the Legislative
Council of the Region: it shall implement laws passed by the Council
and already in force; it shall present regular policy addresses
to the Council; it shall answer questions raised by members of the
Council; and it shall obtain approval from the Council for taxation
and public expenditure.
Article 65 The previous system of establishing advisory bodies
by the executive authorities shall be maintained.
Section 3 The Legislature
Article 66 The Legislative Council of the Hong Kong Special Administrative
Region shall be the legislature of the Region.
Article 67 The Legislative Council of the Hong Kong Special Administrative
Region shall be composed of Chinese citizens who are permanent residents
of the Region with no right of abode in any foreign country. However,
permanent residents of the Region who are not of Chinese nationality
or who have the right of abode in foreign countries may also be
elected members of the Legislative Council of the Region, provided
that the proportion of such members does not exceed 20 percent of
the total membership of the Council.
Article 68 The Legislative Council of the Hong Kong Special Administrative
Region shall be constituted by election.
The method for forming the Legislative Council shall be specified
in the light of the actual situation in the Hong Kong Special Administrative
Region and in accordance with the principle of gradual and orderly
progress. The ultimate aim is the election of all the members of
the Legislative Council by universal suffrage.
The specific method for forming the Legislative Council and its
procedures for voting on bills and motions are prescribed in Annex
II: "Method for the Formation of the Legislative Council of
the Hong Kong Special Administrative Region and Its Voting Procedures".
Article 69 The term of office of the Legislative Council of the
Hong Kong Special Administrative Region shall be four years, except
the first term which shall be two years.
Article 70 If the Legislative Council of the Hong Kong Special
Administrative Region is dissolved by the Chief Executive in accordance
with the provisions of this Law, it must, within three months, be
reconstituted by election in accordance with Article 68 of this
Law.
Article 71 The President of the Legislative Council of the Hong
Kong Special Administrative Region shall be elected by and from
among the members of the Legislative Council.
The President of the Legislative Council of the Hong Kong Special
Administrative Region shall be a Chinese citizen of not less than
40 years of age, who is a permanent resident of the Region with
no right of abode in any foreign country and has ordinarily resided
in Hong Kong for a continuous period of not less than 20 years.
Article 72 The President of the Legislative Council of the Hong
Kong Special Administrative Region shall exercise the following
powers and functions :
(1) To preside over meetings;
(2) To decide on the agenda, giving priority to government bills
for inclusion in the agenda;
(3) To decide on the time of meetings;
(4) To call special sessions during the recess;
(5) To call emergency sessions on the request of the Chief Executive;
and
(6) To exercise other powers and functions as prescribed in the
rules of procedure of the Legislative Council.
Article 73 The Legislative Council of the Hong Kong Special Administrative
Region shall exercise the following powers and functions :
(1) To enact, amend or repeal laws in accordance with the provisions
of this Law and legal procedures;
(2) To examine and approve budgets introduced by the government;
(3) To approve taxation and public expenditure;
(4) To receive and debate the policy addresses of the Chief Executive;
(5) To raise questions on the work of the government;
(6) To debate any issue concerning public interests;
(7) To endorse the appointment and removal of the judges of the
Court of Final Appeal and the Chief Judge of the High Court;
(8) To receive and handle complaints from Hong Kong residents;
(9) If a motion initiated jointly by one-fourth of all the members
of the Legislative Council charges the Chief Executive with serious
breach of law or dereliction of duty and if he or she refuses to
resign, the Council may, after passing a motion for investigation,
give a mandate to the Chief Justice of the Court of Final Appeal
to form and chair an independent investigation committee. The committee
shall be responsible for carrying out the investigation and reporting
its findings to the Council. If the committee considers the evidence
sufficient to substantiate such charges, the Council may pass a
motion of impeachment by a two-thirds majority of all its members
and report it to the Central People's Government for decision; and
(10) To summon, as required when exercising the above-mentioned
powers and functions, persons concerned to testify or give evidence.
Article 74 Members of the Legislative Council of the Hong Kong
Special Administrative Region may introduce bills in accordance
with the provisions of this Law and legal procedures. Bills which
do not relate to public expenditure or political structure or the
operation of the government may be introduced individually or jointly
by members of the Council. The written consent of the Chief Executive
shall be required before bills relating to government policies are
introduced.
Article 75 The quorum for the meeting of the Legislative Council
of the Hong Kong Special Administrative Region shall be not less
than one half of all its members.
The rules of procedure of the Legislative Council shall be made
by the Council on its own, provided that they do not contravene
this Law.
Article 76 A bill passed by the Legislative Council of the Hong
Kong Special Administrative Region may take effect only after it
is signed and promulgated by the Chief Executive.
Article 77 Members of the Legislative Council of the Hong Kong
Special Administrative Region shall be immune from legal action
in respect of their statements at meetings of the Council.
Article 78 Members of the Legislative Council of the Hong Kong
Special Administrative Region shall not be subjected to arrest when
attending or on their way to a meeting of the Council.
Article 79 The President of the Legislative Council of the Hong
Kong Special Administrative Region shall declare that a member of
the Council is no longer qualified for the office under any of the
following circumstances :
(1) When he or she loses the ability to discharge his or her duties
as a result of serious illness or other reasons;
(2) When he or she, with no valid reason, is absent from meetings
for three consecutive months without the consent of the President
of the Legislative Council;
(3) When he or she loses or renounces his or her status as a permanent
resident of the Region;
(4) When he or she accepts a government appointment and becomes
a public servant;
(5) When he or she is bankrupt or fails to comply with a court
order to repay debts;
(6) When he or she is convicted and sentenced to imprisonment
for one month or more for a criminal offence committed within or
outside the Region and is relieved of his or her duties by a motion
passed by two-thirds of the members of the Legislative Council present;
and
(7) When he or she is censured for misbehaviour or breach of oath
by a vote of two-thirds of the members of the Legislative Council
present.
Section 4 The Judiciary
Article 80 The courts of the Hong Kong Special Administrative Region
at all levels shall be the judiciary of the Region, exercising the
judicial power of the Region.
Article 81 The Court of Final Appeal, the High Court, district
courts, magistrates' courts and other special courts shall be established
in the Hong Kong Special Administrative Region. The High Court shall
comprise the Court of Appeal and the Court of First Instance.
The judicial system previously practised in Hong Kong shall be
maintained except for those changes consequent upon the establishment
of the Court of Final Appeal of the Hong Kong Special Administrative
Region.
Article 82 The power of final adjudication of the Hong Kong Special
Administrative Region shall be vested in the Court of Final Appeal
of the Region, which may as required invite judges from other common
law jurisdictions to sit on the Court of Final Appeal.
Article 83 The structure, powers and functions of the courts of
the Hong Kong Special Administrative Region at all levels shall
be prescribed by law.
Article 84 The courts of the Hong Kong Special Administrative Region
shall adjudicate cases in accordance with the laws applicable in
the Region as prescribed in Article 18 of this Law and may refer
to precedents of other common law jurisdictions.
Article 85 The courts of the Hong Kong Special Administrative Region
shall exercise judicial power independently, free from any interference.
Members of the judiciary shall be immune from legal action in the
performance of their judicial functions.
Article 86 The principle of trial by jury previously practised
in Hong Kong shall be maintained.
Article 87 In criminal or civil proceedings in the Hong Kong Special
Administrative Region, the principles previously applied in Hong
Kong and the rights previously enjoyed by parties to proceedings
shall be maintained.
Anyone who is lawfully arrested shall have the right to a fair
trial by the judicial organs without delay and shall be presumed
innocent until convicted by the judicial organs.
Article 88 Judges of the courts of the Hong Kong Special Administrative
Region shall be appointed by the Chief Executive on the recommendation
of an independent commission composed of local judges, persons from
the legal profession and eminent persons from other sectors.
Article 89 A judge of a court of the Hong Kong Special Administrative
Region may only be removed for inability to discharge his or her
duties, or for misbehaviour, by the Chief Executive on the recommendation
of a tribunal appointed by the Chief Justice of the Court of Final
Appeal and consisting of not fewer than three local judges.
The Chief Justice of the Court of Final Appeal of the Hong Kong
Special Administrative Region may be investigated only for inability
to discharge his or her duties, or for misbehaviour, by a tribunal
appointed by the Chief Executive and consisting of not fewer than
five local judges and may be removed by the Chief Executive on the
recommendation of the tribunal and in accordance with the procedures
prescribed in this Law.
Article 90 The Chief Justice of the Court of Final Appeal and the
Chief Judge of the High Court of the Hong Kong Special Administrative
Region shall be Chinese citizens who are permanent residents of
the Region with no right of abode in any foreign country.
In the case of the appointment or removal of judges of the Court
of Final Appeal and the Chief Judge of the High Court of the Hong
Kong Special Administrative Region, the Chief Executive shall, in
addition to following the procedures prescribed in Articles 88 and
89 of this Law, obtain the endorsement of the Legislative Council
and report such appointment or removal to the Standing Committee
of the National People's Congress for the record.
Article 91 The Hong Kong Special Administrative Region shall maintain
the previous system of appointment and removal of members of the
judiciary other than judges.
Article 92 Judges and other members of the judiciary of the Hong
Kong Special Administrative Region shall be chosen on the basis
of their judicial and professional qualities and may be recruited
from other common law jurisdictions.
Article 93 Judges and other members of the judiciary serving in
Hong Kong before the establishment of the Hong Kong Special Administrative
Region may all remain in employment and retain their seniority with
pay, allowances, benefits and conditions of service no less favourable
than before.
The Government of the Hong Kong Special Administrative Region
shall pay to judges and other members of the judiciary who retire
or leave the service in compliance with regulations, including those
who have retired or left the service before the establishment of
the Hong Kong Special Administrative Region, or to their dependants,
all pensions, gratuities, allowances and benefits due to them on
terms no less favourable than before, irrespective of their nationality
or place of residence.
Article 94 On the basis of the system previously operating in Hong
Kong, the Government of the Hong Kong Special Administrative Region
may make provisions for local lawyers and lawyers from outside Hong
Kong to work and practise in the Region.
Article 95 The Hong Kong Special Administrative Region may, through
consultations and in accordance with law, maintain juridical relations
with the judicial organs of other parts of the country, and they
may render assistance to each other.
Article 96 With the assistance or authorization of the Central
People's Government, the Government of the Hong Kong Special Administrative
Region may make appropriate arrangements with foreign states for
reciprocal juridical assistance.
Section 5 District Organizations
Article 97 District organizations which are not organs of political
power may be established in the Hong Kong Special Administrative
Region, to be consulted by the government of the Region on district
administration and other affairs, or to be responsible for providing
services in such fields as culture, recreation and environmental
sanitation.
Article 98 The powers and functions of the district organizations
and the method for their formation shall be prescribed by law.
Section 6 Public Servants
Article 99 Public servants serving in all government departments
of the Hong Kong Special Administrative Region must be permanent
residents of the Region, except where otherwise provided for in
Article 101 of this Law regarding public servants of foreign nationalities
and except for those below a certain rank as prescribed by law.
Public servants must be dedicated to their duties and be responsible
to the Government of the Hong Kong Special Administrative Region.
Article 100 Public servants serving in all Hong Kong government
departments, including the police department, before the establishment
of the Hong Kong Special Administrative Region, may all remain in
employment and retain their seniority with pay, allowances, benefits
and conditions of service no less favourable than before.
Article 101 The Government of the Hong Kong Special Administrative
Region may employ British and other foreign nationals previously
serving in the public service in Hong Kong, or those holding permanent
identity cards of the Region, to serve as public servants in government
departments at all levels, but only Chinese citizens among permanent
residents of the Region with no right of abode in any foreign country
may fill the following posts: the Secretaries and Deputy Secretaries
of Departments, Directors of Bureaux, Commissioner Against Corruption,
Director of Audit, Commissioner of Police, Director of Immigration
and Commissioner of Customs and Excise.
The Government of the Hong Kong Special Administrative Region
may also employ British and other foreign nationals as advisers
to government departments and, when required, may recruit qualified
candidates from outside the Region to fill professional and technical
posts in government departments. These foreign nationals shall be
employed only in their individual capacities and shall be responsible
to the government of the Region.
Article 102 The Government of the Hong Kong Special Administrative
Region shall pay to public servants who retire or who leave the
service in compliance with regulations, including those who have
retired or who have left the service in compliance with regulations
before the establishment of the Hong Kong Special Administrative
Region, or to their dependants, all pensions, gratuities, allowances
and benefits due to them on terms no less favourable than before,
irrespective of their nationality or place of residence.
Article 103 The appointment and promotion of public servants shall
be on the basis of their qualifications, experience and ability.
Hong Kong's previous system of recruitment, employment, assessment,
discipline, training and management for the public service, including
special bodies for their appointment, pay and conditions of service,
shall be maintained, except for any provisions for privileged treatment
of foreign nationals.
Article 104 When assuming office, the Chief Executive, principal
officials, members of the Executive Council and of the Legislative
Council, judges of the courts at all levels and other members of
the judiciary in the Hong Kong Special Administrative Region must,
in accordance with law, swear to uphold the Basic Law of the Hong
Kong Special Administrative Region of the People's Republic of China
and swear allegiance to the Hong Kong Special Administrative Region
of the People's Republic of China.
Chapter V Economy
Section 1 Public Finance, Monetary Affairs,
Trade, Industry and Commerce
Article 105 The Hong Kong Special Administrative Region shall,
in accordance with law, protect the right of individuals and legal
persons to the acquisition, use, disposal and inheritance of property
and their right to compensation for lawful deprivation of their
property.
Such compensation shall correspond to the real value of the property
concerned at the time and shall be freely convertible and paid without
undue delay.
The ownership of enterprises and the investments from outside
the Region shall be protected by law.
Article 106 The Hong Kong Special Administrative Region shall have
independent finances.
The Hong Kong Special Administrative Region shall use its financial
revenues exclusively for its own purposes, and they shall not be
handed over to the Central People's Government.
The Central People's Government shall not levy taxes in the Hong
Kong Special Administrative Region.
Article 107 The Hong Kong Special Administrative Region shall follow
the principle of keeping expenditure within the limits of revenues
in drawing up its budget, and strive to achieve a fiscal balance,
avoid deficits and keep the budget commensurate with the growth
rate of its gross domestic product.
Article 108 The Hong Kong Special Administrative Region shall practise
an independent taxation system.
The Hong Kong Special Administrative Region shall, taking the
low tax policy previously pursued in Hong Kong as reference, enact
laws on its own concerning types of taxes, tax rates, tax reductions,
allowances and exemptions, and other matters of taxation.
Article 109 The Government of the Hong Kong Special Administrative
Region shall provide an appropriate economic and legal environment
for the maintenance of the status of Hong Kong as an international
financial centre.
Article 110 The monetary and financial systems of the Hong Kong
Special Administrative Region shall be prescribed by law.
The Government of the Hong Kong Special Administrative Region
shall, on its own, formulate monetary and financial policies, safeguard
the free operation of financial business and financial markets,
and regulate and supervise them in accordance with law.
Article 111 The Hong Kong dollar, as the legal tender in the Hong
Kong Special Administrative Region, shall continue to circulate.
The authority to issue Hong Kong currency shall be vested in the
Government of the Hong Kong Special Administrative Region. The issue
of Hong Kong currency must be backed by a 100 percent reserve fund.
The system regarding the issue of Hong Kong currency and the reserve
fund system shall be prescribed by law.
The Government of the Hong Kong Special Administrative Region
may authorize designated banks to issue or continue to issue Hong
Kong currency under statutory authority, after satisfying itself
that any issue of currency will be soundly based and that the arrangements
for such issue are consistent with the object of maintaining the
stability of the currency.
Article 112 No foreign exchange control policies shall be applied
in the Hong Kong Special Administrative Region. The Hong Kong dollar
shall be freely convertible. Markets for foreign exchange, gold,
securities, futures and the like shall continue.
The Government of the Hong Kong Special Administrative Region
shall safeguard the free flow of capital within, into and out of
the Region.
Article 113 The Exchange Fund of the Hong Kong Special Administrative
Region shall be managed and controlled by the government of the
Region, primarily for regulating the exchange value of the Hong
Kong dollar.
Article 114 The Hong Kong Special Administrative Region shall maintain
the status of a free port and shall not impose any tariff unless
otherwise prescribed by law.
Article 115 The Hong Kong Special Administrative Region shall pursue
the policy of free trade and safeguard the free movement of goods,
intangible assets and capital.
Article 116 The Hong Kong Special Administrative Region shall be
a separate customs territory.
The Hong Kong Special Administrative Region may, using the name
"Hong Kong, China", participate in relevant international
organizations and international trade agreements (including preferential
trade arrangements), such as the General Agreement on Tariffs and
Trade and arrangements regarding international trade in textiles.
Export quotas, tariff preferences and other similar arrangements,
which are obtained or made by the Hong Kong Special Administrative
Region or which were obtained or made and remain valid, shall be
enjoyed exclusively by the Region.
Article 117 The Hong Kong Special Administrative Region may issue
its own certificates of origin for products in accordance with prevailing
rules of origin.
Article 118 The Government of the Hong Kong Special Administrative
Region shall provide an economic and legal environment for encouraging
investments, technological progress and the development of new industries.
Article 119 The Government of the Hong Kong Special Administrative
Region shall formulate appropriate policies to promote and co-ordinate
the development of various trades such as manufacturing, commerce,
tourism, real estate, transport, public utilities, services, agriculture
and fisheries, and pay regard to the protection of the environment.
Section 2 Land Leases
Article 120 All leases of land granted, decided upon or renewed
before the establishment of the Hong Kong Special Administrative
Region which extend beyond 30 June 1997, and all rights in relation
to such leases, shall continue to be recognized and protected under
the law of the Region.
Article 121 As regards all leases of land granted or renewed where
the original leases contain no right of renewal, during the period
from 27 May 1985 to 30 June 1997, which extend beyond 30 June 1997
and expire not later than 30 June 2047, the lessee is not required
to pay an additional premium as from 1 July 1997, but an annual
rent equivalent to 3 per cent of the rateable value of the property
at that date, adjusted in step with any changes in the rateable
value thereafter, shall be charged.
Article 122 In the case of old schedule lots, village lots, small
houses and similar rural holdings, where the property was on 30
June 1984 held by, or, in the case of small houses granted after
that date, where the property is granted to, a lessee descended
through the male line from a person who was in 1898 a resident of
an established village in Hong Kong, the previous rent shall remain
unchanged so long as the property is held by that lessee or by one
of his lawful successors in the male line.
Article 123 Where leases of land without a right of renewal expire
after the establishment of the Hong Kong Special Administrative
Region, they shall be dealt with in accordance with laws and policies
formulated by the Region on its own.
Section 3 Shipping
Article 124 The Hong Kong Special Administrative Region shall maintain
Hong Kong's previous systems of shipping management and shipping
regulation, including the system for regulating conditions of seamen.
The Government of the Hong Kong Special Administrative Region
shall, on its own, define its specific functions and responsibilities
in respect of shipping.
Article 125 The Hong Kong Special Administrative Region shall be
authorized by the Central People's Government to continue to maintain
a shipping register and issue related certificates under its legislation,
using the name "Hong Kong, China".
Article 126 With the exception of foreign warships, access for
which requires the special permission of the Central People's Government,
ships shall enjoy access to the ports of the Hong Kong Special Administrative
Region in accordance with the laws of the Region.
Article 127 Private shipping businesses and shipping-related businesses
and private container terminals in the Hong Kong Special Administrative
Region may continue to operate freely.
Section 4 Civil Aviation
Article 128 The Government of the Hong Kong Special Administrative
Region shall provide conditions and take measures for the maintenance
of the status of Hong Kong as a centre of international and regional
aviation.
Article 129 The Hong Kong Special Administrative Region shall continue
the previous system of civil aviation management in Hong Kong and
keep its own aircraft register in accordance with provisions laid
down by the Central People's Government concerning nationality marks
and registration marks of aircraft.
Access of foreign state aircraft to the Hong Kong Special Administrative
Region shall require the special permission of the Central People's
Government.
Article 130 The Hong Kong Special Administrative Region shall be
responsible on its own for matters of routine business and technical
management of civil aviation, including the management of airports,
the provision of air traffic services within the flight information
region of the Hong Kong Special Administrative Region, and the discharge
of other responsibilities allocated to it under the regional air
navigation procedures of the International Civil Aviation Organization.
Article 131 The Central People's Government shall, in consultation
with the Government of the Hong Kong Special Administrative Region,
make arrangements providing air services between the Region and
other parts of the People's Republic of China for airlines incorporated
in the Hong Kong Special Administrative Region and having their
principal place of business in Hong Kong and other airlines of the
People's Republic of China.
Article 132 All air service agreements providing air services between
other parts of the People's Republic of China and other states and
regions with stops at the Hong Kong Special Administrative Region
and air services between the Hong Kong Special Administrative Region
and other states and regions with stops at other parts of the People's
Republic of China shall be concluded by the Central People's Government.
In concluding the air service agreements referred to in the first
paragraph of this Article, the Central People's Government shall
take account of the special conditions and economic interests of
the Hong Kong Special Administrative Region and consult the government
of the Region.
Representatives of the Government of the Hong Kong Special Administrative
Region may, as members of the delegations of the Government of the
People's Republic of China, participate in air service consultations
conducted by the Central People's Government with foreign governments
concerning arrangements for such services referred to in the first
paragraph of this Article.
Article 133 Acting under specific authorizations from the Central
People's Government, the Government of the Hong Kong Special Administrative
Region may:
(1) renew or amend air service agreements and arrangements previously
in force;
(2) negotiate and conclude new air service agreements providing
routes for airlines incorporated in the Hong Kong Special Administrative
Region and having their principal place of business in Hong Kong
and providing rights for over-flights and technical stops; and
(3) negotiate and conclude provisional arrangements with foreign
states or regions with which no air service agreements have been
concluded.
All scheduled air services to, from or through Hong Kong, which
do not operate to, from or through the mainland of China shall be
regulated by the air service agreements or provisional arrangements
referred to in this Article.
Article 134 The Central People's Government shall give the Government
of the Hong Kong Special Administrative Region the authority to
:
(1) negotiate and conclude with other authorities all arrangements
concerning the implementation of the air service agreements and
provisional arrangements referred to in Article 133 of this Law;
(2) issue licences to airlines incorporated in the Hong Kong Special
Administrative Region and having their principal place of business
in Hong Kong;
(3) designate such airlines under the air service agreements and
provisional arrangements referred to in Article 133 of this Law;
and
(4) issue permits to foreign airlines for services other than those
to, from or through the mainland of China.
Article 135 Airlines incorporated and having their principal place
of business in Hong Kong and businesses related to civil aviation
functioning there prior to the establishment of the Hong Kong Special
Administrative Region may continue to operate.
Chapter VI Education, Science, Culture, Sports, Religion,
Labour and Social Services
Article 136 On the basis of the previous educational system, the
Government of the Hong Kong Special Administrative Region shall,
on its own, formulate policies on the development and improvement
of education, including policies regarding the educational system
and its administration, the language of instruction, the allocation
of funds, the examination system, the system of academic awards
and the recognition of educational qualifications.
Community organizations and individuals may, in accordance with
law, run educational undertakings of various kinds in the Hong Kong
Special Administrative Region.
Article 137 Educational institutions of all kinds may retain their
autonomy and enjoy academic freedom. They may continue to recruit
staff and use teaching materials from outside the Hong Kong Special
Administrative Region. Schools run by religious organizations may
continue to provide religious education, including courses in religion.
Students shall enjoy freedom of choice of educational institutions
and freedom to pursue their education outside the Hong Kong Special
Administrative Region.
Article 138 The Government of the Hong Kong Special Administrative
Region shall, on its own, formulate policies to develop Western
and traditional Chinese medicine and to improve medical and health
services. Community organizations and individuals may provide various
medical and health services in accordance with law.
Article 139 The Government of the Hong Kong Special Administrative
Region shall, on its own, formulate policies on science and technology
and protect by law achievements in scientific and technological
research, patents, discoveries and inventions.
The Government of the Hong Kong Special Administrative Region
shall, on its own, decide on the scientific and technological standards
and specifications applicable in Hong Kong.
Article 140 The Government of the Hong Kong Special Administrative
Region shall, on its own, formulate policies on culture and protect
by law the achievements and the lawful rights and interests of authors
in their literary and artistic creation.
Article 141 The Government of the Hong Kong Special Administrative
Region shall not restrict the freedom of religious belief, interfere
in the internal affairs of religious organizations or restrict religious
activities which do not contravene the laws of the Region.
Religious organizations shall, in accordance with law, enjoy the
rights to acquire, use, dispose of and inherit property and the
right to receive financial assistance. Their previous property rights
and interests shall be maintained and protected.
Religious organizations may, according to their previous practice,
continue to run seminaries and other schools, hospitals and welfare
institutions and to provide other social services.
Religious organizations and believers in the Hong Kong Special
Administrative Region may maintain and develop their relations with
religious organizations and believers elsewhere.
Article 142 The Government of the Hong Kong Special Administrative
Region shall, on the basis of maintaining the previous systems concerning
the professions, formulate provisions on its own for assessing the
qualifications for practice in the various professions.
Persons with professional qualifications or qualifications for
professional practice obtained prior to the establishment of the
Hong Kong Special Administrative Region may retain their previous
qualifications in accordance with the relevant regulations and codes
of practice.
The Government of the Hong Kong Special Administrative Region
shall continue to recognize the professions and the professional
organizations recognized prior to the establishment of the Region,
and these organizations may, on their own, assess and confer professional
qualifications.
The Government of the Hong Kong Special Administrative Region
may, as required by developments in society and in consultation
with the parties concerned, recognize new professions and professional
organizations.
Article 143 The Government of the Hong Kong Special Administrative
Region shall, on its own, formulate policies on sports. Non-governmental
sports organizations may continue to exist and develop in accordance
with law.
Article 144 The Government of the Hong Kong Special Administrative
Region shall maintain the policy previously practised in Hong Kong
in respect of subventions for non-governmental organizations in
fields such as education, medicine and health, culture, art, recreation,
sports, social welfare and social work. Staff members previously
serving in subvented organizations in Hong Kong may remain in their
employment in accordance with the previous system.
Article 145 On the basis of the previous social welfare system,
the Government of the Hong Kong Special Administrative Region shall,
on its own, formulate policies on the development and improvement
of this system in the light of the economic conditions and social
needs.
Article 146 Voluntary organizations providing social services in
the Hong Kong Special Administrative Region may, on their own, decide
their forms of service, provided that the law is not contravened.
Article 147 The Hong Kong Special Administrative Region shall on
its own formulate laws and policies relating to labour.
Article 148 The relationship between non-governmental organizations
in fields such as education, science, technology, culture, art,
sports, the professions, medicine and health, labour, social welfare
and social work as well as religious organizations in the Hong Kong
Special Administrative Region and their counterparts on the mainland
shall be based on the principles of non-subordination, non-interference
and mutual respect.
Article 149 Non-governmental organizations in fields such as education,
science, technology, culture, art, sports, the professions, medicine
and health, labour, social welfare and social work as well as religious
organizations in the Hong Kong Special Administrative Region may
maintain and develop relations with their counterparts in foreign
countries and regions and with relevant international organizations.
They may, as required, use the name "Hong Kong, China"
in the relevant activities.
Chapter VII External Affairs
Article 150 Representatives of the Government of the Hong Kong
Special Administrative Region may, as members of delegations of
the Government of the People's Republic of China, participate in
negotiations at the diplomatic level directly affecting the Region
conducted by the Central People's Government.
Article 151 The Hong Kong Special Administrative Region may on
its own, using the name "Hong Kong, China", maintain and
develop relations and conclude and implement agreements with foreign
states and regions and relevant international organizations in the
appropriate fields, including the economic, trade, financial and
monetary, shipping, communications, tourism, cultural and sports
fields.
Article 152 Representatives of the Government of the Hong Kong
Special Administrative Region may, as members of delegations of
the People's Republic of China, participate in international organizations
or conferences in appropriate fields limited to states and affecting
the Region, or may attend in such other capacity as may be permitted
by the Central People's Government and the international organization
or conference concerned, and may express their views, using the
name "Hong Kong, China".
The Hong Kong Special Administrative Region may, using the name
"Hong Kong, China", participate in international organizations
and conferences not limited to states.
The Central People's Government shall take the necessary steps
to ensure that the Hong Kong Special Administrative Region shall
continue to retain its status in an appropriate capacity in those
international organizations of which the People's Republic of China
is a member and in which Hong Kong participates in one capacity
or another.
The Central People's Government shall, where necessary, facilitate
the continued participation of the Hong Kong Special Administrative
Region in an appropriate capacity in those international organizations
in which Hong Kong is a participant in one capacity or another,
but of which the People's Republic of China is not a member.
Article 153 The application to the Hong Kong Special Administrative
Region of international agreements to which the People's Republic
of China is or becomes a party shall be decided by the Central People's
Government, in accordance with the circumstances and needs of the
Region, and after seeking the views of the government of the Region.
International agreements to which the People's Republic of China
is not a party but which are implemented in Hong Kong may continue
to be implemented in the Hong Kong Special Administrative Region.
The Central People's Government shall, as necessary, authorize or
assist the government of the Region to make appropriate arrangements
for the application to the Region of other relevant international
agreements.
Article 154 The Central People's Government shall authorize the
Government of the Hong Kong Special Administrative Region to issue,
in accordance with law, passports of the Hong Kong Special Administrative
Region of the People's Republic of China to all Chinese citizens
who hold permanent identity cards of the Region, and travel documents
of the Hong Kong Special Administrative Region of the People's Republic
of China to all other persons lawfully residing in the Region. The
above passports and documents shall be valid for all states and
regions and shall record the holder's right to return to the Region.
The Government of the Hong Kong Special Administrative Region
may apply immigration controls on entry into, stay in and departure
from the Region by persons from foreign states and regions.
Article 155 The Central People's Government shall assist or authorize
the Government of the Hong Kong Special Administrative Region to
conclude visa abolition agreements with foreign states or regions.
Article 156 The Hong Kong Special Administrative Region may, as
necessary, establish official or semi-official economic and trade
missions in foreign countries and shall report the establishment
of such missions to the Central People's Government for the record.
Article 157 The establishment of foreign consular and other official
or semi-official missions in the Hong Kong Special Administrative
Region shall require the approval of the Central People's Government.
Consular and other official missions established in Hong Kong
by states which have formal diplomatic relations with the People's
Republic of China may be maintained.
According to the circumstances of each case, consular and other
official missions established in Hong Kong by states which have
no formal diplomatic relations with the People's Republic of China
may be permitted either to remain or be changed to semi-official
missions.
States not recognized by the People's Republic of China may only
establish non-governmental institutions in the Region.
Chapter VIII Interpretation and Amendment of the Basic Law
Article 158 The power of interpretation of this Law shall be vested
in the Standing Committee of the National People's Congress.
The Standing Committee of the National People's Congress shall
authorize the courts of the Hong Kong Special Administrative Region
to interpret on their own, in adjudicating cases, the provisions
of this Law which are within the limits of the autonomy of the Region.
The courts of the Hong Kong Special Administrative Region may
also interpret other provisions of this Law in adjudicating cases.
However, if the courts of the Region, in adjudicating cases, need
to interpret the provisions of this Law concerning affairs which
are the responsibility of the Central People's Government, or concerning
the relationship between the Central Authorities and the Region,
and if such interpretation will affect the judgments on the cases,
the courts of the Region shall, before making their final judgments
which are not appealable, seek an interpretation of the relevant
provisions from the Standing Committee of the National People's
Congress through the Court of Final Appeal of the Region. When the
Standing Committee makes an interpretation of the provisions concerned,
the courts of the Region, in applying those provisions, shall follow
the interpretation of the Standing Committee. However, judgments
previously rendered shall not be affected.
The Standing Committee of the National People's Congress shall
consult its Committee for the Basic Law of the Hong Kong Special
Administrative Region before giving an interpretation of this Law.
Article 159 The power of amendment of this Law shall be vested
in the National People's Congress.
The power to propose bills for amendments to this Law shall be
vested in the Standing Committee of the National People's Congress,
the State Council and the Hong Kong Special Administrative Region.
Amendment bills from the Hong Kong Special Administrative Region
shall be submitted to the National People's Congress by the delegation
of the Region to the National People's Congress after obtaining
the consent of two-thirds of the deputies of the Region to the National
People's Congress, two-thirds of all the members of the Legislative
Council of the Region, and the Chief Executive of the Region.
Before a bill for amendment to this Law is put on the agenda of
the National People's Congress, the Committee for the Basic Law
of the Hong Kong Special Administrative Region shall study it and
submit its views.
No amendment to this Law shall contravene the established basic
policies of the People's Republic of China regarding Hong Kong.
Chapter IX Supplementary Provisions
Article 160 Upon the establishment of the Hong Kong Special Administrative
Region, the laws previously in force in Hong Kong shall be adopted
as laws of the Region except for those which the Standing Committee
of the National People's Congress declares to be in contravention
of this Law. If any laws are later discovered to be in contravention
of this Law, they shall be amended or cease to have force in accordance
with the procedure as prescribed by this Law.
Documents, certificates, contracts, and rights and obligations
valid under the laws previously in force in Hong Kong shall continue
to be valid and be recognized and protected by the Hong Kong Special
Administrative Region, provided that they do not contravene this
Law.
Annex I
Method for the Selection of the Chief
Executive of the Hong Kong Special
Administrative Region
1. The Chief Executive shall be elected by a broadly representative
Election Committee in accordance with this Law and appointed by
the Central People's Government.
2. The Election Committee shall be composed of 800 members from
the following sectors :
Industrial, commercial and financial sectors 200
The professions 200
Labour, social services, religious and other sectors 200
Members of the Legislative Council, representatives of
district-based organizations, Hong Kong deputies to
the National People's Congress, and representatives
of Hong Kong members of the National Committee
of the Chinese People's Political Consultative
Conference 200
The term of office of the Election Committee shall be five years.
3. The delimitation of the various sectors, the organizations in
each sector eligible to return Election Committee members and the
number of such members returned by each of these organizations shall
be prescribed by an electoral law enacted by the Hong Kong Special
Administrative Region in accordance with the principles of democracy
and openness.
Corporate bodies in various sectors shall, on their own, elect
members to the Election Committee, in accordance with the number
of seats allocated and the election method as prescribed by the
electoral law.
Members of the Election Committee shall vote in their individual
capacities.
4. Candidates for the office of Chief Executive may be nominated
jointly by not less than 100 members of the Election Committee.
Each member may nominate only one candidate.
5. The Election Committee shall, on the basis of the list of nominees,
elect the Chief Executive designate by secret ballot on a one-person-one-vote
basis. The specific election method shall be prescribed by the electoral
law.
6. The first Chief Executive shall be selected in accordance with
the “Decision of the National People's Congress on the Method
for the Formation of the First Government and the First Legislative
Council of the Hong Kong Special Administrative Region”.
7. If there is a need to amend the method for selecting the Chief
Executives for the terms subsequent to the year 2007, such amendments
must be made with the endorsement of a two-thirds majority of all
the members of the Legislative Council and the consent of the Chief
Executive, and they shall be reported to the Standing Committee
of the National People's Congress for approval.
Annex II
Method for the Formation of the Legislative
Council of the Hong Kong Special Administrative
Region and Its Voting Procedures
I. Method for the formation of the Legislative Council
1. The Legislative Council of the Hong Kong Special Administrative
Region shall be composed of 60 members in each term. In the first
term, the Legislative Council shall be formed in accordance with
the “Decision of the National People's Congress on the Method
for the Formation of the First Government and the First Legislative
Council of the Hong Kong Special Administrative Region”. The
composition of the Legislative Council in the second and third terms
shall be as follows :
Second term
Members returned by functional constituencies 30
Members returned by the Election Committee 6
Members returned by geographical constituencies
through direct elections 24
Third term
Members returned by functional constituencies 30
Members returned by geographical constituencies
through direct elections 30
2. Except in the case of the first Legislative Council, the above-mentioned
Election Committee refers to the one provided for in Annex I of
this Law. The division of geographical constituencies and the voting
method for direct elections therein; the delimitation of functional
sectors and corporate bodies, their seat allocation and election
methods; and the method for electing members of the Legislative
Council by the Election Committee shall be specified by an electoral
law introduced by the Government of the Hong Kong Special Administrative
Region and passed by the Legislative Council.
II. Procedures for voting on bills and motions in the Legislative
Council
Unless otherwise provided for in this Law, the Legislative Council
shall adopt the following procedures for voting on bills and motions
:
The passage of bills introduced by the government shall require
at least a simple majority vote of the members of the Legislative
Council present.
The passage of motions, bills or amendments to government bills
introduced by individual members of the Legislative Council shall
require a simple majority vote of each of the two groups of members
present: members returned by functional constituencies and those
returned by geographical constituencies through direct elections
and by the Election Committee.
III. Method for the formation of the Legislative Council and its
voting procedures subsequent to the year 2007
With regard to the method for forming the Legislative Council of
the Hong Kong Special Administrative Region and its procedures for
voting on bills and motions after 2007, if there is a need to amend
the provisions of this Annex, such amendments must be made with
the endorsement of a two-thirds majority of all the members of the
Council and the consent of the Chief Executive, and they shall be
reported to the Standing Committee of the National People's Congress
for the record.
Annex III
National Laws to be Applied in the Hong Kong
Special Administrative Region
The following national laws shall be applied locally with effect
from 1 July 1997 by way of promulgation or legislation by the Hong
Kong Special Administrative Region :
1. Resolution on the Capital, Calendar, National Anthem and National
Flag of the People's Republic of China.
2. Resolution on the National Day of the People's Republic of China.
3. Declaration of the Government of the People's Republic of China
on the Territorial Sea.
4. Nationality Law of the People's Republic of China.
5. Regulations of the People's Republic of China Concerning Diplomatic
Privileges and Immunities.
6. Law of the People's Republic of China on the National Flag.
7. Regulations of the People's Republic of China concerning Consular
Privileges and Immunities. (Added L.N. 386 of 1997).
8. Law of the People's Republic of China on the National Emblem.
9. Law of the People's Republic of China on the Territorial Sea
and the Contiguous Zone.
10. Law of the People's Republic of China on the Garrisoning of
the Hong Kong Special Administrative Region.
11. Law of the People’s Republic of China on the Exclusive
Economic Zone and the Continental shelf.
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IN-DEPHT STUDY - Documents 2004