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THE BASIC LAW OF THE HONG KONG
SPECIAL ADMINISTRATIVE REGION
OF THE PEOPLE'S REPUBLIC OF CHINA
(Adopted on: 4 April 1990 by the National People's Congress)
SUBJECT: HONG KONG LAW: SPECIAL ADMINISTRATIVE REGIONS
ISSUING-DEPARTMENT: THE NATIONAL PEOPLE"S CONGRESS
ISSUE-DATE: 04/04/1990
IMPLEMENT-DATE:0 7/01/1997
LENGTH11756 words
TEXT:
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 practiced 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 practiced 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.
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 practiced 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
(1) 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.
(2) The regional flag of the Hong Kong Special Administrative Region
is a red flag with a bauhinia highlighted
by five star-tipped stamens.
(3) 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
(1) 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.
(2) No law enacted by the legislature of the Hong Kong Special Administrative
Region shall contravene this
Law.
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
(1) The Central People's Government shall be responsible for the foreign
affairs relating to the Hong Kong
Special Administrative Region.
(2) The Ministry of Foreign Affairs of the People's Republic of China
shall establish an office in Hong
Kong to deal with foreign affairs.
(3) 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
(1) The Central People's Government shall be responsible for the defence
of the Hong Kong Special Administrative
Region.
(2) The Government of the Hong Kong Special Administrative Region
shall be responsible for the maintenance
of public order in the Region.
(3) 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.
(4) In addition to abiding by national laws, members of the garrison
shall abide by the laws of the Hong
Kong Special Administrative Region.
(5) 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
(1) The Hong Kong Special Administrative Region shall be vested with
legislative power.
(2) 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.
(3) 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
(1) 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.
(2) 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.
(3) 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
(1) The Hong Kong Special Administrative Region shall be vested with
independent judicial power, including
that of final adjudication.
(2) 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.
(3) 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
(1) 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.
(2) 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
(1) 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.
(2) 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.
(3) 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.
(4) 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.
(5) The Hong Kong Special Administrative Region may establish an office
in Beijing.
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 [Citizenship]
(1) Residents of the Hong Kong Special Administrative Region ("Hong
Kong residents") shall include permanent
residents and non-permanent
residents.
(2) 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 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.
(3) 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.
(4) 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 [Equality]
All Hong Kong residents shall be equal before the law.
Article 26 [Electoral
Rights]
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 [Freedom
of Expression and Association]
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 [Personal
Freedom]
(1) The freedom of the person of Hong Kong residents shall be inviolable.
(2) 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 [Home]
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 [Privacy]
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 [Right to
Move]
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 [Religion]
(1) Hong Kong residents shall have freedom of conscience.
(2) 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 [Work]
Hong Kong residents shall have freedom of choice of occupation.
Article 34 [Research]
Hong Kong residents shall have freedom to engage in academic research,
literary and artistic creation, and
other cultural activities.
Article 35 [Legal Remedies]
(1) 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.
(2) 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 [Welfare]
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 [Marriage]
The freedom of marriage of Hong Kong residents and their right to
raise a family freely shall be protected
by law.
Article 38 [Other Freedoms]
Hong Kong residents shall enjoy the other rights and freedoms safeguarded
by the laws of the Hong Kong Special
Administrative Region.
Article 39 [International
Covenants]
(1) 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.
(2) 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 Paragraph (1).
Article 40 [Indigenous
Inhabitants]
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 [Rights of
Foreigners]
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 [Duty to
Obey the Laws]
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
Article 43
(1) 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.
(2) 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
(1) 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.
(2) 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.
(3) 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
(1) The Chief Executive of the Hong Kong Special Administrative Region
must be a person of integrity, dedicated
to his or her duties.
(2) 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
(1) 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
(1) 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.
(2) 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
(1) 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.
(2) 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 Paragraph (1).
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
(1) 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.
(2) 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.
(3) The Chief Executive may, as he or she deems necessary, invite
other persons concerned to sit in on meetings
of the Council.
Article 56
(1) The Executive Council of the Hong Kong Special Administrative
Region shall be presided over by the Chief
Executive.
(2) 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.
(3) 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
(1) The head of the Government of the Hong Kong Special Administrative
Region shall be the Chief Executive
of the Region.
(2) 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.
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
(1) The Legislative Council of the Hong Kong Special Administrative
Region shall be constituted by election.
(2) 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.
(3) 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
(1) 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.
(2) 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
(1) 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.
(2) 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.
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.
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.
(1) 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.
(2) 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.
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.
The structure, powers and functions of the courts of the Hong Kong
Special Administrative Region at all
levels shall be prescribed by
law.
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.
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.
The principle of trial by jury previously practised in Hong Kong shall
be maintained.
(1) 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.
(2) 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.
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.
(1) 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.
(2) 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.
(1) 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.
(2) 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.
The Hong Kong Special Administrative Region shall maintain the previous
system of appointment and removal
of members of the judiciary other
than judges.
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.
(1) 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.
(2) 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.
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.
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.
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
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.
The powers and functions of the district organizations and the method
for their formation shall be prescribed
by law.
(1) 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.
(2) Public servants must be dedicated to their duties and be responsible
to the Government of the Hong Kong
Special Administrative Region.
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.
(1) 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.
(2) 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.
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.
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.
Section 1 Public Finance,
Monetary Affairs, Trade, Industry and Commerce
Article 105
(1) 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.
(2) 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.
(3) The ownership of enterprises and the investments from outside
the Region shall be protected by law.
Article 106
(1) The Hong Kong Special Administrative Region shall have independent
finances.
(2) 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.
(3) 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
(1) The Hong Kong Special Administrative Region shall practise an
independent taxation system.
(2) 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
(1) The monetary and financial systems of the Hong Kong Special Administrative
Region shall be prescribed
by law.
(2) 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
(1) The Hong Kong dollar, as the legal tender in the Hong Kong Special
Administrative Region, shall continue
to circulate.
(2) 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.
(3) 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
(1) 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.
(2) 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
(1) The Hong Kong Special Administrative Region shall be a separate
customs territory.
(2) 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.
(3) 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.
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.
Article 124
(1) 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.
(2) 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.
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
(1) 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.
(2) 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
(1) 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.
(2) In concluding the air service agreements referred to in Paragraph
(1), 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.
(3) 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 Paragraph
(1).
Article 133
(1) 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.
(2) 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
(1) 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.
(2) Community organizations and individuals may, in accordance with
law, run educational undertakings of
various kinds in the Hong Kong
Special Administrative Region.
Article 137
(1) 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.
(2) 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
(1) 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.
(2) 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
(1) 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.
(2) 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.
(3) 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.
(4) 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
(1) 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.
(2) 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.
(3) 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.
(4) 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.
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
(1) 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".
(2) The Hong Kong Special Administrative Region may, using the name
"Hong Kong, China", participate in international
organizations and
conferences not limited to states.
(3) 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.
(4) 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
(1) 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.
(2) 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
(1) 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.
(2) 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
(1) 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.
(2) 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.
(3) 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
(1) The power of interpretation of this Law shall be vested in the
Standing Committee of the National People's
Congress.
(2) 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.
(3) 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.
(4) 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
(1) The power of amendment of this Law shall be vested in the National
People's Congress.
(2) 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.
(3) 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
(1) 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.
(2) 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.
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