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- 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 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; 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.
-
- - END -
-