Peoples congress on approving the amendment to annex i to the basic law of the hong kong special administrative region of the peoples republic of china concerning the method for the selection of the chief executive of the hong kong special administrative. Since hong kong s return to the motherland over 20 years ago, the basic law has provided a solid legal basis for the practice of one country, two systems in hong kong and played a key role in sustaining hong kong s social prosperity and stability, tam told xinhua ahead of the 30th anniversary of the promulgation of the basic law to be. One of hong kongs leading prodemocracy campaigners has fled the territory over fears that he would be under constant threat of arrest after china imposed its controversial national security law. Investors flee more established asian markets and boost china and india. Ultimately, it will depend on the chinese central authorities and the hong kong institutions if the hk basic law is to remain the centrepiece in the. Basic law of the hong kong special administrative region. China passes national security law for hong kong time. Full text of the constitution and the basic law pda index. Upholding national unity and territorial integrity, maintaining the prosperity and. Designs of the regional flag and regional emblem of the hong kong special administrative region. The sinobritish joint declaration, article 3 12 stipulates that the policies of the joint declaration be codified in the basic law. Hong kong officially the hong kong special administrative region of the peoples republic of. Laws in annex iii to the basic law of the hong kong special administrative region of the peoples republic of china adopted at the twentieth session of the standing committee of the thirteenth national peoples congress on 30 june 2020 125. Preamble hong kong has been part of the territory of china since ancient times.
Method for the selection of the chief executive of the hong kong special administrative region adopted at the third session of the seventh national peoples congress on 4 april 1990, amended, as approved at the sixteenth meeting of the standing committee of the eleventh national peoples congress on 28 august 2010, and amended at the twentyseventh meeting of the standing committee. Jul 01, 2020 article 23 of hong kong s basic law, the miniconstitution governing the territory, required the hong kong government to enact national security laws itself, but local lawmakers could not agree. Hong kong s political and judicial systems may be integrated with chinas at that time, or the territory may continue to be administered separately. The basic law was drafted by a committee composed of members from both hong kong and the mainland. Basic law the source of hong kongs progress and development on 23 august 2010, eight hong kong citizens were killed and seven injured when a gunman took them hostage in their tour bus in manila.
The basic law of the hong kong special administrative region. Hong kong has a long history of protestors fighting for autonomy and selfdetermination, but, under both the united kingdom and china, hong kong and its people have struggled to become a democracy. The basic law clearly states that hong kong has been part of the territory of china since ancient times and is an inalienable part of the prc. Hong kongs jimmy lai, 6 others, found guilty for roles in.
Joint declaration and hong kong s mini constitution, the basic law. English text of the basic law of the hong kong special administrative region of the peoples republic of china adopted on 28 june 1990 see instrument 14. The basic law of the hong kong special administrative. The basic law of the hong kong special administrative region of the people s republic of china adopted at the third session of the seventh national people s congress on april 4, 1990 16 instrument a101. 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. It shall, on its own, conduct the administrative affairs of the region in accordance with the relevant provisions of this law. Region, in martin lee and szeto wak, the basic law. Hong kong cops have made their first arrest under a controversial new nationalsecurity law imposed by beijing, arresting a protester wednesday for carrying a flag calling for hong kongs independence. Hong kong makes first arrest under hated new national security law.
Students know that the basic law and the local legal system protect hong kong residents so that they can have the freedom of speech, of publication and of communication. A candlelight vigil, attended by thousands of deeply grieved hong kong citizens, was held at chater garden in central on 27 august 2010. Method for the formation of the legislative council of the hong kong special administrative region and its voting procedures adopted at the third session of the seventh national peoples congress on 4 april 1990, amended, as recorded at the sixteenth meeting of the standing committee of the eleventh national peoples congress on 28 august 2010, and amended at the twentyseventh. One hundred sixteenth congress of the united states of america. The laws previously in force in hong kong, that is, the common law, rules of equity, ordinances, subordinate legislation and customary law shall. In addition, under article 106 of the hong kong basic law, hong kong has independent public finance, and no tax revenue is handed over to the central government in china. Those calls increased in intensity following the outbreak of largescale demonstrations in 2019 in response to the hksars. In 2020, in a period of largescale protests, the standing committee of the national peoples congress passed the controversial hong kong national security law. Beijings implementation of the national security law removed any semblance of hong kong s historical freedom of expression and rule of law, both of which have sustained the territorys position as one of the largest global financial centers.
Approach of hong kong courts ng ka ling v director of. After the passage of the national security law, the beijing authorities began to stress the importance of patriots governing hong kong. Hong kongs proposed extradition bill could extend beijing. Full text of the constitution and the basic law index. Article 23 of the basic law stipulates that the hong kong special administrative region hksar. Title restricting basic law rights in hong kong authors young, snm citation hong kong law journal, 2004, v. Although, coming directly under the central peoples government, it enjoys a high degree of autonomy, this in no way derogates from the duty of its citizens to honor the nation, and to. It is a special administrative region enjoying a high degree of autonomy under the central peoples government. Interpretative and amending power over the basic law and jurisdiction over acts of. Whether youre in the mood for clay pot, dim sum, streetside seafood, or. Section 1 public finance, monetary affairs, trade, industry and commerce. One hundred sixteenth congress of the united states of. Adopted at the fifth session of the fifth national peoples congress and promulgated by the announcement of the national peoples congress on december 4, 1982. Table of hong kong basic law provisions and related documents xix table of other legislation and international agreements, conventions and treaties xxv chapter 1 introduction 1 chapter 2 birth of the hong kong basic law 9 2.
The basic law was widely welcomed in hong kong society upon promulgation as it took into account the interests of both the nation and various sectors of hong kong, kan said, noting that most of hong kong residents agree that one country, two systems and the basic law are the best arrangement for hong kong. This impressive introduction to the hong kong basic law 1 by danny gittings consists of 9 chapters and several tables and an index. By proceeding, you agree to our privacy policy and terms of use. Full text of the constitution and the basic law annex 3. The document the basic law is a constitutional document for the hksar. Danny gittings, an introduction to the hong kong basic law hong kong university press, 2009 3. Approach of hong kong courts ng ka ling v director of immigration 1999 basic from laws 1100 at the chinese university of hong kong. The main text, spanning 314 pages, presents us with a rich introduction. Some chinese officials and hong kong politicians called for passage of article 23 legislation after the 2014 prodemocracy umbrella movement shut down portions of the city for nearly three months. Article 66 further clarifies that hong kong s legislative council is the key legislative body of the sar.
Hk residents responsibilities in implementing basic law. Universal suffrage, the amendment to annex i to the basic law of the hong kong special administrative region of the peoples republic of china concerning the method for the selection of the chief executive of the hong kong special administrative region proposed by the hong kong special administrative region is approved. The information contained in this booklet has no legal status, and is made available for information only and should not be relied on as an official. The first draft was published in april 1988, followed by a fivemonth public consultation exercise. Table of hong kong basic law provisions and related documents xvii table of other legislation and international agreements, conventions xxiii and treaties chapter 1 introduction 1 chapter 2 birth of the hong kong basic law 9 2. This act bypasses the hong kong legislative council legco, which is empowered by the basic law to formulate and pass laws for the hksar, and contravenes the basic law s provision that only national laws relating to defense and foreign affairs may be inserted into annex iii. Mar 05, 2021 the basic law stipulates that the hong kong sar is an inalienable part of the peoples republic of china art. In 1841, britain took control over the island of hong kong. The basic law provides for the continuity of the common law system of the hksar, and it follows that the implementation of article 23 should be effected through making use of existing legislation as far as possible. Updated 083019 andrew rowatgetty images edited by mike aquino. In the early stage of drafting the basic law, tung the chief executive of hong kong from 19972005 and his senior officials liked to point to their record of allowing public demonstrations after hong kong s return to chinese rule in 1997. 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.
Authorities and the hong kong special administrative. Be the first to discover secret destinations, travel hacks, and more. The hong kong special administrative region shall be vested with executive power. These promises were written into the basic law, the constitution of the hong kong special administrative region hksar. Beijings recent intrusions into the territorys autonomy. Instrument a101 the basic law of the hong kong special administrative region of the peoples republic of china. Hong kong markets in hong kong and japan fell on monday over heightened u. On 11 november 2020, the npcsc adopted a decision which bars legislative council members from supporting hong kong independence, refusing to recognise beijings sovereignty over hong kong, seeking help from foreign countries or foreign forces to interfere. Chinese national law does not generally apply in the region and hong kong is treated as a. For hong kong to retain its capitalist system and enjoy a high degree of from law 64 at hong kong polytechnic university. Constitutional and mainland affairs bureau, the basic law of the hong kong special administrative region, peoples republic of china pdf of law as.
The basic law is quite clear on legcos role as the legislative body for the sar. Spas in hong kong are rightly considered as some of the best in the world. These promises were written into the basic law, the constitution of the hong kong. The hong kong governments push for extradition legislation comes at the same time china is accelerating its encroachment on the territorys autonomy and freedoms guaranteed under the one country, two systems policy and the basic law, hong kong s mini constitution. The basic law of the hong kong special administrative region of the peoples republic of china published by the constitutional and mainland affairs bureau designed by the information services department printed by the government logistics department hong kong special administrative region government. Hong kong became a special administrative region sar of the peoples republic of china on july 1, 1997, after a century and a half of british administration. United kingdom, sinobritish joint declaration on the question of hong kong, 1984. Explanations on the basic law of the hong kong special administrative region of the peoples republic of china draft and its related documents addressing the third session of the seventh national peoples congress on march.
Basic law are exercised with restraint and in compliance with the fundamental principles governing the rule of law, as provided for in the covenant. Introduction to the hong kong basic law chinese journal. The basic law of the hong kong special administrative region the basic law was adopted on april 4, 1990 by the seventh national peoples congress npc of the prc. How hong kongs complicated history reverberates today. The legal system shall remain basically unchanged, and laws previously in force in hong kong are to be preserved. Title restricting basic law rights in hong kong authors. Full text of the constitution and the basic law pda. Basic law of the hong kong special administrative region of the peoples republic of china 1990, hereinafter basic law, art 2. Declaration19 and expanded upon in the basic law, which serves as hong kong s constitution. Hric annotated bilingual chart of the law of the peoples. General principles adopted at the third session of the seventh national peoples congress on april 4, 1990. Pdf introduction to the hong kong basic law 2nd edition.
The one country, two systems principle is enshrined in a document called the basic law hong kongs mini constitution. The basic law best safeguard for hks prosperity and. Heres a list of which will leave you refreshed and revitalized. 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. Hong kong s core values, rule of law, and rights and freedoms guaranteed by the iccpr, hong kong s basic law, and bill of rights ordinance. The basic policies of the peoples republic of china regarding hong kong have been elaborated by the chinese government in the sinobritish joint declaration. Full text of the constitution and the basic law chapter 5. A basic law consultative committee formed purely by hong kong people was established in 1985 to canvass views in hong kong on the drafts. Hong kong chief secretary of the hong kong special administrative region matthew cheung kinchung said the city has been enjoying a high degree of autonomy under one country, two systems and that fundamental rights and freedoms all guaranteed by the basic law, according to a government press release issued on wednesday. Apr 01, 2021 the hong kong protests were sparked by a proposed extradition law that would have allowed some offenses committed in hong kong to be tried by mainland chinese courts. While the city of victoria used to house the capital, it now rests in a central location of hong kong. China the basic law of the hong kong special administrative. Introduction to the hong kong basic law 2nd edition roy l sturgeon. For hong kong to retain its capitalist system and enjoy a.
Under hong kong s constitutional document, the basic law, the existing economic, legal and social systems will be. We have also taken into account the following guiding principles s a the need to meet fully the requirements of the basic. China moves to impose national security law on hong kong. Fundamental rights and freedoms are to be protected. Under article 108 of the basic law of hong kong, the taxation system in hong kong is independent of, and different from, the taxation system in mainland china. Make your own conclusions about the citys raging wonton noodle soup rivalry, ride the peak tram for an unbelievable skyline view, or shop some of the worlds best street markets and shopping malls. I hereby promulgate the basic law of the hong kong special administrative region of the peoples republic of china, including annex i, method for the. Prodemocracy advocates said the law was an usurpation of hong kong freedoms and autonomy guaranteed under the basic law.
For hong kong to propose amendments, the amendments first need the support of twothirds of the hong kong legislative council, twothirds of the deputies representing hong kong in the national peoples congress, and the approval of hong kong s chief executive. Protest leader nathan law flees hong kong as calls for revolution are outlawed. Basic law full text pda chapter 3 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 nonpermanent residents. Whether youre in the mood for clay pot, dim sum, streetside seafood, or chineseamerican fusion dishes at a cha chaan tengweve got you covered. May 16, 2019 hong kong the extradition law amendments proposed by the hong kong special administrative region government are in line with the basic law, the central governments liaison office in the city stressed on tuesday.
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