Date: Mon, 4 Jun 90 14:34:00 GMT
From: kin%obdient.uucp@eecs.nwu.edu
Subject: Basic Law of Hong Kong
To: nucsrl!ahkcus@cs.umn.edu
Sequence-Id: <330>
Contents
Decree of the President of the People's Republic of China
The Basic Law of the Hong Kong Special Administrative Region of
the People's Republic of China
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, Labor
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 11 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...............................
Decision of the National People's Congress on the Basic Law of the
Hong Kong Special Administrative Region of the People's Republic of
China ..........................................................
Decision of the National People's Congress on the Establishment of the
Hong Kong Special Administrative Region ........................
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 ....................
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 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 ...........
Appendix: 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 ......
Decree of the President of
the People's Republic of China
No. 26
I hereby promulgate the Basic Law of the Hong Kong Special
Administrative Region of the People's Republic of China, including 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, and designs of the regional
flag and regional emblem of the Hong Kong Special Administrative Region,
which was adopted at the Third Session of the Seventh National People's
Congress of the People's Republic of China on 4 April 1990 and shall be
put into effect as of 1 July 1997.
(Signed)
Yang Shangkun
President of
the People's Republic of China
4 April 1990
THE BASIC LAW
OF THE HONG KONG SPECIAL
ADMINISTRATIVE REGION OF
THE PEOPLE'S REPUBLIC OF CHINA
Adopted on 4 April 1990 by the Seventh
National People's Congress of the People's Republic
of China at its Third Session
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 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, 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 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 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 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 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 Service
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. 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
Decision of the National People's Congress
on 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 4 April 1990
The Third Session of the Seventh National People's Congress has
adopted the Basic Law of the Hong Kong Special Administrative Region of
the People's Republic of China, which includes 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, and designs of the regional flag and regional
emblem of the Hong Kong Special Administrative Region. Article 31 of
the Constitution of the People's Republic of China provides: "The state
may establish special administrative regions when necessary. The systems
to be instituted in special administrative regions shall be prescribed
by law enacted by the National People's Congress in the light of the
specific conditions." The Basic Law of the Hong Kong Special
Administrative Region is constitutional as it is enacted in accordance
with the Constitution of the People's Republic of China and in the light
of the specific conditions of Hong Kong. The systems, policies and laws
to be instituted after the establishment of the Hong Kong Special
Administrative Region shall be based on the Basic Law of the Hong Kong
Special Administrative Region.
The Basic Law of the Hong Kong Special Administrative Region of the
People's Republic of China shall be put into effect as of 1 July 1997.
Decision of the National People's Congress
on the Establishment of the
Hong Kong Special Administrative Region
Adopted at the Third Session of the
Seventh National People's Congress on 4 April 1990
In accordance with the provisions of Article 31 and sub-paragraph
13 of Article 62 of the Constitution of the People's Republic of China,
the Third Session of the Seventh National People's Congress has hereby
decided
1. that the Hong Kong Special Administrative Region is to be
established as of 1 July 1997; and
2. that the area of the Hong Kong Special Administrative Region
covers the Hong Kong Island, the Kowloon Peninsula, and the islands and
adjacent waters under its jurisdiction. The map of the administrative
division of the Hong Kong Special Administrative Region will be
published by the State Council separately.
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
Adopted at the Third Session of the
Seventh National People's Congress on 4 April 1990
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 Consultative 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 as 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 Preparatory
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 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
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 BasicLaw 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; 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.
Appendix
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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