| Hong Kong Basic Law | |
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| The Cover of Index to the Basic Law | |
| Traditional Chinese: | 香港基本法 |
| Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China | |
| Traditional Chinese: | 中華人民共和國香港特別行政區基本法 |
The Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China, or simply Hong Kong Basic Law, serves as the constitutional document of the Hong Kong Special Administrative Region (HKSAR) of the People's Republic of China (PRC). A constitution is a system for government often Codified as a written document that establishes the rules and principles of an autonomous political entity Hong Kong ( officially the Hong Kong Special Administrative Region, is a territory located on China 's south coast on the Pearl River Delta, and borders A special administrative region or SAR may be;People's Republic of China Special Administrative Region of the People's Republic of China, present-day Talk People's Republic of China) PEOPLE'S REPUBLIC OF CHINA ARTICLE GUIDELINES It was adopted on April 4, 1990 by the Seventh National People's Congress (NPC) of the People's Republic of China, and went into effect on July 1, 1997 replacing the Letters Patent and the Royal Instructions, when this former colony of United Kingdom was handed over to the PRC. Events 1581 - Francis Drake completes a circumnavigation of the world and is knighted by Elizabeth I. Year 1990 ( MCMXC) was a Common year starting on Monday (link displays the 1990 Gregorian calendar) A similar term is "National Congress" which is a less common translation of People's Political Consultative Conference. "July 1st" redirects here For the Ayumi Hamasaki song see H (song. Year 1997 ( MCMXCVII) was a Common year starting on Wednesday (link will display full 1997 Gregorian calendar Letters patent are a type of Legal instrument in the form of an Open letter issued by a Monarch or Government, granting an office right The granting of Royal Assent is the formal method by which a constitutional monarch completes the legislative process of Lawmaking by formally assenting to an The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom, the UK or Britain,is a Sovereign state located Handover, in the political-historical sense often refers to the transfer of power of former colonies (particularly those of former British colonies) to the local
The Basic Law was drafted in accordance with the Sino-British Joint Declaration on the Question of Hong Kong (The Joint Declaration), signed between the Chinese and British governments on December 19, 1984. The Sino-British Joint Declaration, formally known as the Joint Declaration of the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Events 324 - Licinius abdicates his position as Roman Emperor. Year 1984 ( MCMLXXXIV) was a Leap year starting on Sunday (link displays the 1984 Gregorian calendar) The Basic Law stipulates the basic policies of the PRC towards the Hong Kong Special Administrative Region. As agreed between the PRC and the United Kingdom in the Joint Declaration, in accordance with the "One Country, Two Systems" principle, socialism as practised in the PRC would not be extended to Hong Kong. The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom, the UK or Britain,is a Sovereign state located " One country two systems " is an idea originally proposed by Deng Xiaoping during the early 1980s then Paramount Leader of the People's Republic Socialism refers to a broad set of economic theories of social organization advocating state or collective ownership and administration of the Means of production and distribution Instead, Hong Kong would continue its previous capitalist system and its way of life for a period of 50 years after 1997. Capitalism is the Economic system in which the Means of production are owned by private Persons and operated for Profit and where A number of freedoms and rights of the Hong Kong residents are also protected under the Basic Law.
The source of authority for the Basic Law is somewhat controversial, with most Chinese legal scholars arguing that the Basic Law is a purely domestic legislation deriving its authority from the Constitution of the People's Republic of China, and with some legal scholars arguing that the Basic Law derives its authority directly from the Sino-British Joint Declaration. The Constitution of the People's Republic of China ( is the highest law within the People's Republic of China. The Sino-British Joint Declaration, formally known as the Joint Declaration of the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of The argument is relevant in that it affects the amount of authority that the PRC has to change the Basic Law, and the ability of the Hong Kong courts to challenge PRC domestic legislation.
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Drafting process of the Basic Law
- The Basic Law was drafted by a Committee composed of members from both Hong Kong and the Mainland. A Basic Law Consultative Committee formed purely by Hong Kong people was established in 1985 to canvass views in Hong Kong on the drafts.
- The first draft was published in April 1988, followed by a five-month public consultation exercise. The second draft was published in February 1989, and the subsequent consultation period ended in October 1989. The Basic Law was formally promulgated on 4 April 1990 by the NPC, together with the designs for the flag and emblem of the HKSAR. Events 1581 - Francis Drake completes a circumnavigation of the world and is knighted by Elizabeth I. Year 1990 ( MCMXC) was a Common year starting on Monday (link displays the 1990 Gregorian calendar)
- Some members of the Basic Law drafting committee were ousted by Beijing following the 4 June 1989 Tiananmen Square incident, after voicing their views supporting the students. Events 781 BC - The first historic Solar eclipse is recorded in China. Year 1989 ( MCMLXXXIX) was a Common year starting on Sunday (link displays 1989 Gregorian calendar) The Tiananmen Square protests of 1989 culminating in the Tiananmen Square Massacre (referred to in Chinese as the June Fourth Incident, to avoid confusion with two
General principles enshrined under the Basic Law
- The HKSAR has a high degree of autonomy and enjoys executive, legislative and independent judicial power, including that of final adjudication (Article 2). Politics of Hong Kong takes place in a framework of a political system dominated by People's Republic of China, its own legislature the Chief Executive The Government of the Hong Kong Special Administrative Region of the People's Republic of China ( see pronunciation; conventional short The Government of the Hong Kong Special Administrative Region of the People's Republic of China ( see pronunciation; conventional short The Chief Executive of Hong Kong ( is the head of Hong Kong Government and the principal representative of the Hong Kong. Sir Donald Tsang Yam-Kuen, GBM, KBE, JP (born 7 October 1944 is the current Chief Executive and Head of Government of Hong The Chief Secretary for Administration ( commonly known as Chief Secretary and abbreviated as CS, is the second highest position of the Hong Kong Government Biography The former textile tycoon was promoted from Secretary for Commerce Industry and Technology to Finance Secretary on 4 August 2003 replacing Antony Financial Secretary ( often abbreviated as FS, is a position of the Hong Kong Government. John Tsang Chun-wah ( Traditional Chinese: 曾俊華 born 1951) JP is the current Financial Secretary The Secretary for Justice ( is a member of the Hong Kong Government responsible for Prosecutions and legal matters The Executive Council of Hong Kong ( ExCo,) is an organ in the Executive branch of the political structure of Hong Kong. Leung Chun Ying GBS JP BSc ( (born 12 August, 1954 in Hong Kong with family roots in Weihai Government departments and agencies in Hong Kong are controlled by the Hong Kong Government. The Legislative Council ( LegCo) is the Unicameral Legislature of Hong Kong. Rita Fan Hsu Lai-tai GBM GBS CBE JP ( was born on 20 September 1945 in Shanghai. Elections are held in Hong Kong' when certain offices in the government need to be filled A Political party is a political organization subscribing to a certain Ideology or formed around very special issues with the aim to participate in power usually The Democratic Alliance for the Betterment and Progress of Hong Kong (DAB ( or 民建聯 in short formerly known as The Democratic Alliance for the Betterment of Hong Kong Liberal Party ( is a liberal conservative Political party in the Hong Kong Special Administrative Region of the People's Republic of China James Tien Pei Chun GBS OBE JP ( (born 8 January 1947 in Shanghai) is the former Chairman of the Liberal Party (LP The Democratic Party ( Jyutping: man4 zyu2 dong2 is a pro- Democracy and liberal Political party in the Hong Kong. Albert Ho Chun-yan ( born 1 December 1951 in Hong Kong with family roots in Zhongshan, Guangdong) Civic Party ( is a liberal democratic Political party in Hong Kong. Kuan Hsin Chi ( is the current chairman of the Hong Kong Civic Party, as well as the chairman of the Department of Government and Public Administration at the Audrey Eu ( LLB ( HKU) LLM ( London) SC, JP was born on 11 September 1953 in Hong Kong The League of Social Democrats ( Chinese:社會民主連線 is a radical pro-democratic political organization in Hong Kong. Raymond Wong ( Wong Yuk-Man;) is the member of the Legislative Council of Hong Kong ( Geographical constituency, Kowloon West) The Judiciary of Hong Kong is responsible for the administration of justice in Hong Kong The Court of Final Appeal ( is the court with the final adjudication power on the laws of Hong Kong Special Administrative Region of the People's Republic The District Councils, formerly District Boards until 1999 are the local councils for the 18 Districts of Hong Kong. Human rights in Hong Kong occasionally comes under the spotlight by the international community because of its world city status Hong Kong is a Special administrative region (SAR of the People's Republic of China (PRC Democratic development in Hong Kong has been a major topic since the 1997 handover. The Culture of Hong Kong can best be described as a foundation that began with China, and then leaned West for much of the 20th century under constructive Hong Kong's highly favorable geographical position and Entrepot trading opportunities are wealth-generating assets Education in Hong Kong has a similar system to that of the United Kingdom, in particular the English education system of Hong Kong was modernized by the The Geography of Hong Kong primarily consists of three main territories Hong Kong Island, Kowloon Peninsula, and the New Territories Hong Kong began as a coastal Island geographically located in southern China. An implication is that the former judicial recourse by appealing to the United Kingdom's Privy Council would no longer be available. Her Majesty's Most Honourable Privy Council is a body of advisors to the British Sovereign. Instead, the Court of Final Appeal was established within the HKSAR to take up the role.
- The executive authorities and legislature of the HKSAR shall be composed of permanent residents of Hong Kong in accordance with the relevant provisions of the Basic Law. (Article 3)
- The socialist system and policies shall not be practised in the HKSAR, and the previous capitalist system and way of life shall remain unchanged for 50 years. Socialism refers to a broad set of economic theories of social organization advocating state or collective ownership and administration of the Means of production and distribution (Article 5)
- The laws previously in force in Hong Kong, that is, the common law, rules of equity, ordinances, subordinate legislation and customary law (such as Chinese clan law) shall be maintained, except for any that contravene the Basic Law and subject to any amendment by the legislature of the HKSAR. Common law refers to law and the corresponding legal system developed through decisions of courts and similar tribunals rather than through legislative statutes or executive Equity is the name given to the set of legal principles in jurisdictions following the English common law tradition which supplement strict rules of law where Legislation (or " Statutory law " is law which has been promulgated (or " Enacted quot by a Legislature or other Governing In Law, custom can be described as the established patterns of behavior that can be objectively verified within a particular social setting (Article 8)
- The HKSAR shall protect the right of ownership of private property in accordance with law. Property is any physical or virtual entity that is owned by an individual (Article 6)
- All Hong Kong residents shall be equal before the law. Permanent residents of the HKSAR shall have the right to vote and the right to stand for election in accordance with law. An election is a Decision-making process by which a population chooses an individual to hold formal office (Articles 25-26)
- The freedom of the person of Hong Kong residents shall be inviolable. No Hong Kong resident shall be subjected to arbitrary or unlawful arrest, detention or imprisonment. An arrest is the act of depriving a person of his or her liberty usually in relation to the investigation and prevention of crime Detention generally refers to a State or Government holding a person in a particular area (generally called a Detention centre) either for Interrogation 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 28)
- Hong Kong residents shall have, among other things, freedom of speech, freedom of the press and of publication; freedom of association, freedom of assembly, freedom of procession, of demonstration, of communication, of movement, of conscience, of religious belief, and of marriage; and the right and freedom to form and join trade unions, and to strike. Freedom of speech is the freedom to speak freely without Censorship or Limitation. Freedom Constitutional or statutory protections pertaining to freedom of the press Freedom of association is the Individual right to come together with other individuals and collectively express promote pursue and defend common interests Freedom of assembly, sometimes used interchangeably with the Freedom of association, is the Individual right to come together with other individuals and collectively A trade union or labour union is an organization of workers who have banded together to achieve common goals in key areas such as wages hours and working conditions forming Strike action, often simply called a strike, is a work stoppage caused by the mass refusal by Employees to perform work. (Articles 27-38).
- 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 HKSAR. The International Covenant on Civil and Political Rights is a United Nations Treaty based on the Universal Declaration of Human Rights, created in The International Covenant on Economic Social and Cultural Rights (ICESCR is a multilateral Treaty adopted by the United Nations General Assembly on December (Article 39)
- The selection of Chief Executive is to be ultimately by means of Universal Suffrage. (Article 45)
- Although the PRC has responsibility for Hong Kong's foreign affairs and defence, Hong Kong is permitted to participate in international organizations or conferences in certain fields limited to states and affecting the HKSAR. It may attend in such other capacity as may be permitted by the PRC government and the international organization or conference concerned, and may express their views, using the name "Hong Kong, China". The HKSAR may also, also using the name "Hong Kong, China", participate in international organizations and conferences not limited to states. (Articles 13-14, 150-157)
Interpretation of the Basic Law
- Under Article 158, the power of final interpretation of the Basic Law lies on Standing Committee of the National People's Congress (NPCSC) which is a power also derived from the Constitution of the People's Republic of China. The Standing Committee of the National People's Congress (NPCSC) is a committee of about 150 members of the National People's Congress (NPC of the People's The Constitution of the People's Republic of China ( is the highest law within the People's Republic of China.
- Up this date, the Hong Kong SAR government has sought the NPCSC to interpret the Basic Law twice
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- 1999: The Right of Abode issue
- 2005: The term of the new Chief Executive after the original Chief Executive resigned. The Standing Committee of the National People's Congress (NPCSC) is a committee of about 150 members of the National People's Congress (NPC of the People's Year 1999 ( MCMXCIX) was a Common year starting on Friday (link will display full 1999 Gregorian calendar) Year 2005 ( MMV) was a Common year starting on Saturday (link displays full calendar of the Gregorian calendar.
- In one other occasion the NPCSC interpreted the Basic Law on its own initiative
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- 2004: Universal Suffrage in 2007 and 2008
Controversial issues in relation to the Basic Law
After the reunification of Hong Kong in 1997, the Basic Law came under the spotlight for the following controversial issues:
- The Right of Abode issue in 1999, during which the Government sought an interpretation of Articles 22 and 24 from the Standing Committee of the National People's Congress to avoid a potential influx of over a million Mainland residents (according to Government estimates) into Hong Kong. The Standing Committee of the National People's Congress (NPCSC) is a committee of about 150 members of the National People's Congress (NPC of the People's "MMIV" redirects here For the Modest Mouse album see " Baron von Bullshit Rides Again " The issue of who has the right of abode in Hong Kong prompted a fierce debate at the end of the 20th century and tested the One Country Two Systems policy in China Year 1999 ( MCMXCIX) was a Common year starting on Friday (link will display full 1999 Gregorian calendar) The Standing Committee of the National People's Congress (NPCSC) is a committee of about 150 members of the National People's Congress (NPC of the People's This has triggered a debate on judicial independence in Hong Kong. Judicial independence is the doctrine that decisions of the Judiciary should be impartial and not subject to influence from the other branches of government or from private or
- Article 23 of the Basic Law requires Hong Kong to enact laws on its own to prohibit acts including treason, secession, sedition, subversion against the Central People's Government, and theft of state secrets. Hong Kong Basic Law Article 23 is the basis (parent statute of a Security Law proposed by the Government of Hong Kong. This became a subject of considerable controversy when the Government of the HKSAR attempted to introduce legislation to implement the Article in 2002 to 2003. See also 2002 (disambiguation Year 2002 ( MMII) was a Common year starting on Tuesday of the Gregorian calendar. Year 2003 ( MMIII) was a Common year starting on Wednesday of the Gregorian calendar. The proposed legislation gave much power to the police, such as not requiring a search warrant to search a home of a "suspected terrorist". This has led to public outcry, and resulted in massive demonstrations (July 1 marches), where it is estimated that over five hundred thousand people took to the streets, in July 1, 2003. The Hong Kong July 1 march ( is an annual protest rally led by the Civil Human Rights Front since the 1997 handover on the HKSAR establishment day. "July 1st" redirects here For the Ayumi Hamasaki song see H (song. Year 2003 ( MMIII) was a Common year starting on Wednesday of the Gregorian calendar. After the demonstrations, the government indefinitely shelved its drafted law.
- The possibility of universal suffrage in 2007 and 2008. Following the Article 23 controversy, a sector of the population, led by the democratic camp, has begun to call for universal suffrage for the election of the Chief Executive in 2007, and for all seats of the Legislative Council in 2008. Universal suffrage (also universal adult suffrage, general suffrage or common suffrage) consists of the extension of the right to vote to While this is not ruled out under Articles 45 and 68 of the Basic Law, the conservative camp and legal experts in Mainland China have claimed that this would violate the "Principle of gradual and orderly progress" and "in the light of the actual situation" set forth in Articles 45 and 68. Hong Kong Basic Law Article 45 ( is a controversial article in the Basic Law (constitution of Hong Kong. Hong Kong Basic Law Article 45 ( is a controversial article in the Basic Law (constitution of Hong Kong. The controversy was finally settled through interpretation of Basic Law by the Standing Committee of the National People's Congress, which ruled out the possibility of universal suffrage in 2007 and 2008 on April 26, 2004. The Standing Committee of the National People's Congress (NPCSC) is a committee of about 150 members of the National People's Congress (NPC of the People's Events 1467 - The miraculous image in Our Lady of Good Counsel appear in Genazzano, Italy. "MMIV" redirects here For the Modest Mouse album see " Baron von Bullshit Rides Again "
- The question of whether pay-cuts for civil servants and having a deficit budget are allowed under the Basic Law. According to the Article 100 of the Basic Law, the civil servants may remain in employment with pay, allowances, benefits and conditions of service no less favourable than before the handover. Article 107 stated the SAR Government should follow the principle of keeping the expenditure within the limits of revenues in drawing up its budget. During the economic downturn after 1997, there was a growing fiscal deficit (and, in 2007/08 a record surplus). The government imposed a pay-cut on the Civil Service during the economic downturn, and then sharply increased salaries during the recovery.
- The term of the new Chief Executive after the original Chief Executive resigned. This question arose after the original Chief Executive Tung Chi-hwa resigned in March 10, 2005. Events 241 BC - First Punic War: Battle of the Aegates Islands - The Romans sink the Carthaginian fleet bringing Year 2005 ( MMV) was a Common year starting on Saturday (link displays full calendar of the Gregorian calendar. The legal community and the pro-democracy camp claim that the term of the new Chief Executive should follow Article 46, that is, a 5 year term. However, the Hong Kong government, some Beijing figures and the pro-Beijing camp claim that it should be the remaining term of the original Chief Executive, based on some insignificant Chinese words in the Chinese version of the Basic Law, introducing the remaining term concept. The HKSAR government has sought interpretation from the Standing Committee of the National People's Congress on April 6, 2005, and the standing committee ruled on April 27, 2005, that the Annex I of the Basic Law requires that if any Chief Executive should resign on or before 2007, the new Chief Executive should serve the previous's remaining term. The Standing Committee of the National People's Congress (NPCSC) is a committee of about 150 members of the National People's Congress (NPC of the People's Events 46 BC - Julius Caesar defeats Caecilius Metellus Scipio and Marcus Porcius Cato in the Battle of Thapsus Year 2005 ( MMV) was a Common year starting on Saturday (link displays full calendar of the Gregorian calendar. Events 1124 - David I becomes King of Scotland. 1296 - Battle of Dunbar: The Scots are defeated Year 2005 ( MMV) was a Common year starting on Saturday (link displays full calendar of the Gregorian calendar. Hong Kong residents that favor autonomy view the "interpretation" from the Standing Committee as an intrusion into Hong Kong legal system by the central government in violation of the spirit of the One Country, Two Systems policy, and breaking the rule of law.
- No formal terms for extradition of criminals exist. Extradition is the official process by which one nation or state requests and obtains from another nation or state the surrender of a suspected or convicted criminal Article 95 provides for mutual judicial assistance between Hong Kong and the PRC; however, serious stumbling blocks, such as capital punishment stand in the way of a formal understanding of extradition. Capital punishment, the death penalty or execution, is the Killing of a person by judicial process as Punishment. Extradition is the official process by which one nation or state requests and obtains from another nation or state the surrender of a suspected or convicted criminal Additionally, HKSAR authorities have ruled that Articles 6 and 7 of the PRC Criminal Code does not give Hong Kong sole jurisdiction in criminal matters, particularly when a crime is committed across provincial or SAR borders. The current status quo is that Hong Kong will ask for the return of Hong Kong residents who have committed crimes in Hong Kong and are arrested in the mainland. A mainlander who commits a crime in Hong Kong and flees back to the mainland, however, will be tried in the mainland. In cases of concurrent jurisdiction, the Central Government has demanded that the trial be held in the mainland. Prominent authorities, such as Albert Chen, a professor, and Gladys Li, chairman of justice of the Hong Kong section of the International Commission of Jurists, feel that this situation has serious ramifications for judicial independence in Hong Kong. Albert Hung Yee Chen ( Chinese: 陳弘毅 Pinyin: Chén Hóngyì is a legal scholar in Hong Kong. Gladys Veronica Li is a founding member of the Hong Kong Civic Party. The International Commission of Jurists (ICJ is an international Human rights Non-governmental organisation. Judicial independence is the doctrine that decisions of the Judiciary should be impartial and not subject to influence from the other branches of government or from private or
Drafting history research
The interpretation and application of the Basic Law has evoked considerable interest since its promulgation. It is increasingly relied upon in litigation and has found application in a wide range of cases including criminal, civil, property, and administrative law cases. While the Hong Kong courts have demonstrated a generous and purposive approach to interpretation of the Basic Law, PRC interpretations have shown a greater affinity for the original meaning of the words. Different views on interpretation highlight the inherent tensions within the Basic Law, which exists as both PRC law and constitution in Hong Kong’s common law system of justice.
Research on the drafting history of the Basic Law invariably requires having access to its documents: minutes, reports and other papers prepared or used by the Basic Law Consultative Committee and its various sub-groups as well as other official bodies during the period. Such documents, however, are by far scattered and held primarily by individual members of the drafting committee.
Notable collections can also be found in various organizations and research libraries in Hong Kong such as the University of Hong Kong Libraries (Hong Kong Collection in the Main Library; Basic Law Collection in Law Library), Chinese University Library, Polytechnic University Library, City University Library, Lingnan University Library, Baptist University Library, Hong Kong University of Science and Technology and Legislative Council Library. The Basic Law Library, a special library within Hong Kong’s public libraries system, is devoted to the collecting of materials relating to Hong Kong’s Basic Law. Many of the Basic Law preparatory documents held in this library are unique and of value to Basic Law researchers.
Another invaluable research tool is the online database Basic Law Drafting History Online (BLDHO) by the Centre for Comparative Public Law of the University of Hong Kong and the University of Hong Kong Libraries. It provides free public access to a collection of almost 900 documents prepared or used by the various official bodies from 1990 to 1997, when preparations were made for the resumption of sovereignty. This collection is scanned from documents publicly available in Hong Kong.
External links
- Hong Kong Government website on the Basic Law
- Full text of the Basic Law
- Basic Law Drafting History Online -University of Hong Kong Libraries, Digital Initiatives
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