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| Category | LAWS AND REGULATIONS ON AFFAIRS CONCERNING OVERSEAS CHINESE AND HONG KONG, MACAO AND TAIWAN | Organ of Promulgation | The Standing Committee of the National People's Congress | Status of Effect | In Force |
| Date of Promulgation | 1996-12-30 | Effective Date | 1997-07-01 |
|
Garrison Law of the Hong Kong Special Administrative Region of the |
|---|
Chapter I General Provisions
Chapter II Duties of the Hong Kong Garrison
Chapter III Relationship between the Hong Kong Garrison and the
Government of the Hong Kong Special Administrative Region
Chapter IV Obligations and Disciplines of Members of the Hong Kong
Garrison
Chapter V Judicial Jurisdiction over Members of the Hong Kong Garrison
Chapter VI Supplementary Provisions Article 1 This Law is enacted in accordance with the Constitution and the Article 2 The military forces stationed by the Central People's Article 3 The Hong Kong Garrison is under the leadership of the Central The Hong Kong Garrison adopts the system of personnel rotation. Article 4 Expenditure for the Hong Kong Garrison shall be borne by the Article 5 The Hong Kong Garrison performs the following duties: (1) To guard against and to resist aggression, and to guarantee the (2) To shoulder the responsibility of defence and patrol duty; (3) To take charge of military installations; and (4) To undertake relevant foreign military affairs. Article 6 In the event that the Standing Committee of the National Article 7 The Hong Kong Garrison's aircraft, ships and other military The Hong Kong Garrison and its members equally enjoy other rights and Article 8 Members of the Hong Kong Garrison are entitled to take measures Article 9 The Hong Kong Garrison shall not interfere in the local affairs Article 10 The Government of the Hong Kong Special Administrative Region The Government of the Hong Kong Special Administrative Region shall Article 11 The Hong Kong Garrison shall inform the Government of the Hong Article 12 The Hong Kong Garrison and the Government of the Hong Kong The Hong Kong Garrison defines military forbidden zones jointly with the The Government of the Hong Kong Special Administrative Region shall assist Persons, vehicles, ships and aircraft outside the Hong Kong Garrison shall The Hong Kong Garrison shall protect the natural resources, the cultural Article 13 The Hong Kong Garrison's military land, if it will not be used If it needs part of the Hong Kong Garrison's military land to be used for Article 14 In accordance with the provisions of the Basic Law of the Hong In the event that the application of the Government of the Hong Kong When it conducts assistance in maintenance of public order and in disaster Members of the Hong Kong Garrison exercise the powers as prescribed in the Article 15 The Hong Kong Garrison and the Government of the Hong Kong Article 16 Members of the Hong Kong Garrison should fulfil the following (1) To be loyal to the motherland, to perform duties, to safeguard the (2) To abide by the national laws and the laws of the Hong Kong Special (3) To respect the authorities of the Hong Kong Special Administrative (4) To protect the public property owned by the Hong Kong Special (5) To observe social ethics and to pay attention to civilized and polite Article 17 Members of the Hong Kong Garrison shall not join any political Article 18 The Hong Kong Garrison and its members shall not engage in any Article 19 Members of the Hong Kong Garrison who violate the national Members of the Hong Kong Garrison who violate the military disciplines Article 20 Cases involving crimes committed by members of the Hong Kong The military judicial organ and the court or relevant law enforcement Residents of Hong Kong or other persons other than members of the Hong Article 21 If the personnel suspected to have committed a crime is Article 22 The members of the Hong Kong Garrison sentenced to criminal Article 23 If a member of the Hong Kong Garrison violates the laws of the Article 24 Where an organ or a unit of the Hong Kong Garrison has a Article 25 During the period of legal action in a court of the Hong Kong Article 26 Acts of state by the Hong Kong Garrison such as defence shall Article 27 If a judgment or an order in writing made by a court of the Article 28 Through consultations, a military judicial organ may maintain Article 29 The power of interpretation of this Law shall be vested in the Article 30 This Law shall come into effect on July 1, 1997.
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Chapter I General Provisions
Basic Law of the Hong Kong Administrative Region with a view to ensuring that
the military forces stationed by the Central People's Government in the Hong
Kong Special Administrative Region for defence shall perform its duties in
accordance with law, and to upholding national sovereignty, unification,
territorial integrity and Hong Kong's security.
Government in the Hong Kong Special Administrative Region for defence,
composed of ground force, navy and air force of the People's Liberation Army
of China, is called the military forces stationed in Hong Kong of the People's
Liberation Army of China (hereinafter referred to as the Hong Kong Garrison).
Military Commission of the People's Republic of China, and the members of its
staff are set in accordance with the demand of defence of the Hong Kong
Special Administrative Region.
Central People's Government.
Chapter II Duties of the Hong Kong Garrison
security of the Hong Kong Special Administrative Region;
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 Hong
Kong Special Administrative Region, decides that the Region is in a state of
emergency, the Hong Kong Garrison shall perform its duties in accordance with
the provisions of national laws decided to be applied in the Hong Kong
Special Administrative Region by the Central People's Government.
equipment, goods and materials, and its members and vehicles on duty holding
certificates or certifying papers issued by the Hong Kong Garrison, are free
from any examinations, searches or detentions by executants of the Hong Kong
Special Administrative Region.
immunity as prescribed in the laws applied in the Hong Kong Special
Administrative Region.
to stop any activities that hinder them from performing their duties in
accordance with the provisions of laws applied in the Hong Kong Special
Administrative Region.
Chapter III Relationship between the Hong Kong Garrison and the
Government of the Hong Kong Special Administrative Region
of the Hong Kong Special Administrative Region.
shall support the Hong Kong Garrison to perform its duties of defence, and
protect the legitimate rights and interests of the Hong Kong Garrison or of
its members.
solicit the Hong Kong Garrison's opinions when it makes policies or drafts
bills involving the Hong Kong Garrison.
Kong Special Administrative Region in advance if it will conduct military
activities such as training or manoeuvres involving public interests of the
Hong Kong Special Administrative Region.
Special Administrative Region shall jointly protect the military installations
within the Hong Kong Special Administrative Region.
Government of the Hong Kong Special Administrative Region. The location and
scope of military forbidden zones shall be announced by the Government of the
Hong Kong Special Administrative Region.
the Hong Kong Garrison in safeguarding the security of the military forbidden
zones.
not enter into military forbidden zones without approval by the highest
commander of the Hong Kong Garrison or by the officer authorized by the
commander. The guards of the military forbidden zones have the power to stop
the unauthorized entries into the military forbidden zones and destruction or
endangerment of the military installations.
relics, the historic sites and non-military rights and interests within the
military forbidden zones in accordance with the laws of the Hong Kong Special
Administrative Region.
any longer for military purpose with approval by the Central People's
Government, shall be transferred gratis to the Government of the Hong Kong
Special Administrative Region.
public purpose, the Government of the Hong Kong Special Administrative Region
shall apply to the Central People's Government for approval; and if it gets
such approval, the Government of the Hong Kong Special Administrative Region
shall anew provide land and military installations for the Hong Kong Garrison
in the place consented by the Central People's Government, and all the
expenses shall be borne by the Government of the Hong Kong Special
Administrative Region.
Kong Special Administrative Region, the Government of the Hong Kong Special
Administrative Region may, when necessary, ask the Central People's Government
for assistance from the Hong Kong Garrison in the maintenance of public order
and in disaster relief.
Special Administrative Region has been approved by the Central People's
Government, the Hong Kong Garrison shall send out troops to carry out the task
of assistance in maintenance of public order and in disaster relief according
to the order from the Central Military Commission, and the troops shall
immediately return to their station after the task has been accomplished.
relief, the Hong Kong Garrison shall be under the command of the Garrison's
highest commander or the officer authorized by the commander with the
arrangements made by the Government of the Hong Kong Special Administrative
Region.
laws of the Hong Kong Special Administrative Region when they conduct
assistance in maintenance of public order and in disaster relief.
Special Administrative Region shall establish necessary contact to consult
about and to deal with matters relating to the Garrison.
Chapter IV Obligations and Disciplines of Members of the Hong Kong
Garrison
obligations:
security, honour and interests of the motherland, and to safeguard the
security of Hong Kong;
Administrative Region and to abide by the military disciplines;
Region and to respect the social system and life style of the Hong Kong
Special Administrative Region;
Administrative Region, and the private property owned by residents or other
persons in Hong Kong; and
manners.
organizations, religious organizations and public organizations of Hong Kong.
profit-seeking management activities in any forms. And members of the Hong
Kong Garrison shall not engage in any other activities unconformable to a
soldier's duties.
laws and the laws of the Hong Kong Special Administrative Region shall be
investigated for legal responsibility in accordance with law.
shall be subjected to disciplinary sanctions.
Chapter V Judicial Jurisdiction over Members of the Hong Kong Garrison
Garrison shall be under the jurisdiction of a military judicial organ.
However, cases involving crimes caused by the activities outside the
performance of functions of members of the Hong Kong Garrison which have
infringed upon personal rights and property rights of residents of Hong Kong
or of other persons other than members of the Hong Kong Garrison or, which
have violated the laws of the Hong Kong Administrative Region, shall be under
the jurisdiction of a court or a relevant law enforcement agency of the Hong
Kong Special Administrative Region.
agency of the Hong Kong Special Administrative Region may, if they think it
more appropriate for the other side to have jurisdiction over the case
involving a crime committed by members of the Hong Kong Garrison over which
they respectively have jurisdiction, transfer the case to the other side after
an agreement has been achieved through consultations.
Kong Garrison among accused persons of the cases involving crimes committed by
members of the Hong Kong Garrison which are under the jurisdiction of the
military judicial organ shall be tried by a court of the Hong Kong Special
Administrative Region.
arrested by law enforcement officials of the Hong Kong Special Administrative
Region, and if he is found out to be a member of the Hong Kong Garrison, the
personnel shall be transferred to the Hong Kong Garrison for custody. The case
relating to the personnel in custody shall be under jurisdiction determined in
accordance with the provisions in Article 20 of this Law.
penalty of deprivation or restriction of freedom by a court of the Hong Kong
Special Administrative Region, shall be submitted for execution in accordance
with the provisions of the laws of the Hong Kong Special Administrative
Region, except in circumstances where the relevant law enforcement agency of
the Hong Kong Special Administrative Region and the military judicial organ
have achieved an agreement on the place of execution through consultations.
Hong Kong Special Administrative Region, and infringes upon civil right of a
resident of Hong Kong or another person other than members of the Hong Kong
Garrison, the parties concerned may settle the dispute through consultation or
by mediation; if they do not wish to or fail to settle the dispute through
consultation or by mediation, the party whose right is infringed upon may file
a suit in a court. Civil cases involving infringement arising from activities
outside the performance of functions of members of the Hong Kong Garrison
shall be under the jurisdiction of a court of the Hong Kong Special
Administrative Region; civil cases involving infringement arising from the
performance of functions shall be under the jurisdiction of the Supreme
People's Court of the People's Republic of China, and the laws of the Hong
Kong Special Administrative Region shall apply to the claim for damages of
infringement of right.
contract dispute with a resident of Hong Kong or another person other than
members of the Hong Kong Garrison in the Hong Kong Special Administrative
Region, the parties concerned may settle the dispute through consultation or
by mediation. If the parties concerned do not wish to or fail to settle their
dispute through consultation or by mediation, they may apply for arbitration
in an arbitration agency in accordance with the arbitration clause in the
contract concerned or with the written arbitration agreement reached
subsequently. If the parties have not had an arbitration clause in the
contract concerned or have not subsequently reached a written arbitration
agreement, they may bring an action in a court of the Hong Kong Special
Administrative Region, except the parties have an agreement on another court
in which they shall bring an action.
Special Administrative Region, certifying paper from the Hong Kong Garrison on
questions of fact such as status of a member of the Hong Kong Garrison or
performance of duties is valid evidence, except contrary evidence is tenable.
not be under the jurisdiction of the courts of the Hong Kong Special
Administrative Region.
Hong Kong Special Administrative Region involves execution of property of an
organ or a unit of the Hong Kong Garrison, the organ or unit shall carry out
the judgment or order in writing. However, any court of the Hong Kong Special
Administrative Region shall not take any enforcement measures towards the
weapons and equipment, goods and materials, and other property owned by the
Hong Kong Garrison.
judicial relations with the courts of the Hong Kong Special Administrative
Region and relevant law enforcement agencies, and they may render assistance
to each other.
Chapter VI Supplementary Provisions
Standing Committee of the National People's Congress.
URL: http://www.asianlii.org/cn/legis/cen/laws/glothksarotproc785