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THE BASIC LAW OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION
OF THE PEOPLE'S REPUBLIC OF CHINA
(Effective Date:1997.07.01--Ineffective Date:)
THE BASIC LAW OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION
OF THE PEOPLE'S REPUBLIC OF CHINA
(Adopted at the Third Session of the Seventh National People's
Congress on April 4, 1990)
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
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
of 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 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 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
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 previous 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 ask 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 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 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 in 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 meeds of public security
or of investigation into criminal offences.
Article 31. Hong Kong residents shall have freedom of movement
with in 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 fro 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 restriced 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 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 Bureau,
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 abovementioned 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 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 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 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 or 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 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 bureaus, 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 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 per
cent 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 deputies
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 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 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 dependents, 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 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,
of Bureaus, 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 per cent 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, 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 of 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 businessed 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 and organizations 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 it own, formulate polices 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 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 subverted organizations in Hong
Kong may remain 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 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 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 Republic of China may only
establish non-governmental institutions in the Region.
CHAPTER VII 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
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.
Article 160. Upon the establishment of the Hong Kong Special
Administrative 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
of the People's Republic of China 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
of the People's Republic of China 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 Consituencies
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
constiuencies 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 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. Order on the National Emblem of the People's Republic
of China Proclaimed by the Central People's Government
Attached: Design of the national emblem, notes of explanation
and instructions for use
4. declaration of the Government of the People's Republic
of China on the Territorial Sea
5. nationality Law of the People's Republic of China
6. Regulations of the People's Republic of China concerning
Diplomatic Privileges and Immunities
APPENDIXES
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
1. The first Government and the first Legislative Council
of the Hong Kong Special Administrative Region shall be formed
in accordance with the principles of state sovereignty and
smooth transition.
2. Within the year 1996, the National People's Congress
shall establish a Preparatory Committee for the Hong Kong
Special Administrative Region, which shall be responsible
for preparing the establishment of the Region and shall prescribe
the specific method for forming the first Government and the
first Legislative Council in accordance with this Decision.
The Preparatory Committee shall be composed of mainland members
and of Hong Kong members who shall constitute not less than
50 per cent of its membership. Its chairman and members shall
be appointed by the Standing Committee of the National People's
Congress.
3. The preparatory Committee for the Hong Kong Special Administrative
Region shall be responsible for preparing the establishment
of the Selection Committee for the First Government of the
Hong Kong Special Administrative Region (the"Selection
Committee").
The Selection committee shall be composed entirely of permanent
residents of Hong Kong and must be broadly representative.
It shall include Hong Kong deputies to the National People's
Congress, representatives of Hong Kong members of the National
Committee of the Chinese People's Political Consultative Conference,
persons with practical experience who have served in Hong
Kong's executive, legislative and advisory organs prior to
the establishment of the Hong Kong Special Administrative
Region, and persons representative of various strata and sectors
of society.
The Selection Committee shall be composed of 400 members
in the following proportions:
Industrial, commercial and financial sectors 25 per cent
The professions 25 per cent
Labour, grass-roots, religious and other sectors 25 per cent
Former political figures, 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
Consulative Conference 25 per cent
4. The selection Committee shall recommend the candidate
for the first Chief Executive through local consultations
or through nomination and election after consultations, and
report the recommended candidate to the Central People's Government
for appointment. The term of office of the first Chief Executive
shall be the same ad the regular term.
5. The Chief Executive of the Hong Kong Special Administrative
Region shall be responsible for preparing the formation of
the first Government of the Region in accordance with this
Law.
6. The first Legislative Council of the Hong Kong Special
Administrative Region shall be composed of 60 members, with
20 members returned by geographical constituencies through
direct elections, 10 members returned by an election committee,
and 30 members returned by functional constituencies. If the
composition of the last Hong Kong Legislative Council before
the establishment of the Hong Kong Special Administrative
Region is in conformity with the relevant provisions of this
Decision and the Basic Law of the Hong Kong Special Administrative
Region, those of its members who uphold the Basic Law of the
Hong Kong Special Administrative Region of the People's Republic
of China and pledge allegiance to the Hong Kong Special Administrative
Region of the People's Republic of China, and who meet the
requirements set forth in the Basic Law of the Region may,
upon confirmation by the Prepara-tory Committee, become members
of the first Legislative Council of the Region. The term of
office of members of the first Legislative Council of the
Hong Kong Special Administrative Region shall be two years.
Decision of the National People's Congress to Approve the
Proposal by the Drafting committee for the Basic Law of the
Hong Kong Special Administrative Region for the Establishment
of the Committee for the Basic Law of the Hong Kong Special
Administrative Region Under the Standing Committee of the
National People's Congress
Adopted at the Third Session of the Seventh national People's
Congress on 4 April 1990
The third Session of the Seventh National People's Congress
has decided
1. to approve the proposal by the Drafting Committee for
the Basic Law of the Hong Kong Special Administrative Region
for the establishment of the Committee for the Basic Law of
the Hong Kong Special Administrative Region Under the Standing
Committee of the National People's Congress; and
2. to establish the committee for the Basic Law of the Hong
Kong Special Administrative Region Under the Standing Committee
of the National People's Congress upon the implementation
of the Basic Law of the Hong Kong Special Administrative Region
of the People's Republic of China.
Proposal by the Drafting Committee for the Basic Law of
the Hong Kong Special Administrative Region on the Establishment
of the Committee for the Basic Law of the Hong Kong Special
Administrative Region under the Standing Committee of the
National People's Congress
1. Name: The Committee for the Basic law of the Hong Kong
Special Administrative Region under the Standing Committee
of the National People's Congress.
2. Affiliation: To be a working committee under the Standing
Committee of the National People's Congress.
3. Function: To study questions arising from the implementation
of Articles 17, 18, 158 and 159 of the Basic Law of the Hong
Kong Special Administrative Region and submit its views thereon
to the Standing Committee of the National People's Congress.
4. Composition: Twelve members, six from the mainland and
six from Hong Kong, including persons from the legal profession,
appointed by the Standing committee of the National People's
Congress for a term of office of five years. Hong Kong members
shall be Chinese citizens who are permanent residents of the
Hong Kong Special Administrative Region with no right of abode
in any foreign country and shall be nominated jointly by the
Chief Executive, President of the Legislative Council and
Chief Justice of the Court of Final Appeal of the Region for
appointment by the Standing Committee of the National People's
Congress.
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