Constitutional LawofHong Kong
[Adopted on April 4, 1990 and
took
effect on July 1, 1997]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.chanrobles virtualawlibrary
Upholding national
unity and territorial integrity, maintaining the prosperity and
stability
of Hong Kong, and taking account of its history and realities, the
People's
Republic of China has decided that upon China's resumption of the
exercise
of sovereignty over Hong Kong, a Hong Kong Special Administrative
Region
will be established in accordance with the provisions of Article 31 of
the Constitution of the People's Republic of China, and that under the
principle of "one country, two systems", the socialist system and
policies
will not be practised in Hong Kong. The basic policies of the People's
Republic of China regarding Hong Kong have been elaborated by the
Chinese
Government in the Sino-British Joint Declaration.
In accordance with the Constitution
of the People's Republic of China, the National People's Congress
hereby
enacts the Basic Law of the Hong Kong Special Administrative Region of
the People's Republic of China, prescribing the systems to be practised
in the Hong Kong Special Administrative Region, in order to ensure the
implementation of the basic policies of the People's Republic of China
regarding Hong Kong.
Chapter IGeneral PrinciplesArticle 1 The Hong Kong Special
Administrative
Region is an inalienable part of the People's Republic of China.cralaw:red.Article 2The 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 3The 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 4The 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 5The socialist system and
policies
shall not be practised in the Hong Kong Special Administrative Region,
and the previous capitalist system and way of life shall remain
unchanged
for 50 years. Article 6The 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 8The 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.cralaw:red.Article 9In 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.cralaw:red.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.cralaw:red.Chapter IIRelationship
Between
the Central Authoritiesand the Hong Kong
Special
Administrative RegionArticle 12The 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.cralaw:red.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.cralaw:red.Article 15The 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.cralaw:red.Article 16The 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.cralaw:red.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.cralaw:red.Article 20The 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.cralaw:red.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. Article 23 The Hong Kong Special
Administrative
Region shall enact laws on its own to prohibit any act of treason,
secession,
sedition, subversion against the Central People's Government, or theft
of state secrets, to prohibit foreign political organizations or bodies
from conducting political activities in the Region, and to prohibit
political
organizations or bodies of the Region from establishing ties with
foreign
political organizations or bodies.cralaw:red.Chapter IIIFundamental Rights
and
Duties of the ResidentsArticle 24Citizenship (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:chanroblesvirtuallawlibrary
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.chanrobles virtualawlibrary
(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 25EqualityAll Hong Kong residents
shall
be equal before the law.cralaw:red.Article 26Electoral 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.cralaw:red.Article 27Freedom 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.cralaw:red.Article 28Personal 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.cralaw:red.Article 29HomeThe 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 30Privacy 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.cralaw:red.Article 31Right to MoveHong 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.cralaw:red.Article 32Religion(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.cralaw:red.Article 33Work Hong Kong residents shall
have freedom of choice of occupation.cralaw:red.Article 34Research Hong Kong residents shall
have freedom to engage in academic research, literary and artistic
creation,
and other cultural activities.cralaw:red.Article 35Legal 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.cralaw:red.Article 36Welfare 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.cralaw:red.Article 37Marriage The freedom of marriage
of Hong Kong residents and their right to raise a family freely shall
be
protected by law.cralaw:red.Article 38Other Freedoms Hong Kong residents shall
enjoy the other rights and freedoms safeguarded by the laws of the Hong
Kong Special Administrative Region.cralaw:red.Article 39International
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).cralaw:red.Article 40Indigenous
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.cralaw:red.Article 41Rights 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 42Duty 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.cralaw:red.Chapter IVPolitical StructureSection 1The Chief ExecutiveArticle 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.cralaw:red.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.cralaw:red.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".cralaw:red.Article 46The 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.cralaw:red.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.cralaw:red.Article 48(1) The Chief Executive of
the
Hong Kong Special Administrative Region shall exercise the following
powers
and functions:chanroblesvirtuallawlibrary
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 49If 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.cralaw:red.Article 51If 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:chanroblesvirtuallawlibrary
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).cralaw:red.Article 54The 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.cralaw:red.Article 57A Commission Against
Corruption
shall be established in the Hong Kong Special Administrative Region. It
shall function independently and be accountable to the Chief Executive.cralaw:red.Article 58A 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 2The Executive
AuthoritiesArticle 59The Government of the Hong
Kong
Special Administrative Region shall be the executive authorities of the
Region.cralaw:red.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.cralaw:red.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.cralaw:red.Article 62 The Government of the Hong
Kong Special Administrative Region shall exercise the following powers
and functions:chanroblesvirtuallawlibrary
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.cralaw:red.Article 64The 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.cralaw:red.Article 65The previous system of
establishing
advisory bodies by the executive authorities shall be maintained.cralaw:red.Section 3The LegislatureArticle 66The Legislative Council of
the
Hong Kong Special Administrative Region shall be the legislature of the
Region.cralaw:red.Article 67The 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.cralaw:red.Article 68(1) The Legislative
Council
of the Hong Kong Special Administrative Region shall be constituted by
election.chanrobles virtualawlibrary
(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 69The 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 70If 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.cralaw:red.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.cralaw:red.Article 72The President of the
Legislative
Council of the Hong Kong Special Administrative Region shall exercise
the
following powers and functions:chanroblesvirtuallawlibrary
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 73The Legislative Council of
the
Hong Kong Special Administrative Region shall exercise the following
powers
and functions:chanroblesvirtuallawlibrary
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 74Members 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 76A 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 77Members 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 78Members of the Legislative
Council
of the Hong Kong Special Administrative Region shall not be subjected
to
arrest when attending or on their way to a meeting of the Council. Article 79The 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:chanroblesvirtuallawlibrary
1) When he or she loses
the ability to discharge his or her duties as a result of serious
illness
or other reasons;2) When he or she,
with no
valid reason, is absent from meetings for three consecutive months
without
the consent of the President of the Legislative Council;
3) When he or she
loses or
renounces his or her status as a permanent resident of the Region;
4) When he or she
accepts
a government appointment and becomes a public servant;
5) When he or she is
bankrupt
or fails to comply with a court order to repay debts;
6) When he or she is
convicted
and sentenced to imprisonment for one month or more for a criminal
offence
committed within or outside the Region and is relieved of his or her
duties
by a motion passed by two-thirds of the members of the Legislative
Council
present; and
7) When he or she is
censured
for misbehaviour or breach of oath by a vote of two-thirds of the
members
of the Legislative Council present.
Section 4The JudiciaryArticle 80The courts of the Hong
Kong
Special Administrative Region at all levels shall be the judiciary of
the
Region, exercising the judicial power of the Region. Article 81(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. Article 82The power of final
adjudication
of the Hong Kong Special Administrative Region shall be vested in the
Court
of Final Appeal of the Region, which may as required invite judges from
other common law jurisdictions to sit on the Court of Final Appeal. Article 83The structure, powers and
functions
of the courts of the Hong Kong Special Administrative Region at all
levels
shall be prescribed by law. Article 84The courts of the Hong
Kong
Special Administrative Region shall adjudicate cases in accordance with
the laws applicable in the Region as prescribed in Article 18 of this
Law
and may refer to precedents of other common law jurisdictions. Article 85The courts of the Hong
Kong
Special Administrative Region shall exercise judicial power
independently,
free from any interference. Members of the judiciary shall be immune
from
legal action in the performance of their judicial functions. Article 86The principle of trial by
jury
previously practised in Hong Kong shall be maintained. Article 87(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. Article 88Judges of the courts of
the
Hong Kong Special Administrative Region shall be appointed by the Chief
Executive on the recommendation of an independent commission composed
of
local judges, persons from the legal profession and eminent persons
from
other sectors. Article 89(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. Article 90(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. Article 91The Hong Kong Special
Administrative
Region shall maintain the previous system of appointment and removal of
members of the judiciary other than judges. Article 92Judges and other members
of
the judiciary of the Hong Kong Special Administrative Region shall be
chosen
on the basis of their judicial and professional qualities and may be
recruited
from other common law jurisdictions. Article 93(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. Article 94 On the basis of the system
previously operating in Hong Kong, the Government of the Hong Kong
Special
Administrative Region may make provisions for local lawyers and lawyers
from outside Hong Kong to work and practise in the Region. Article 95The Hong Kong Special
Administrative
Region may, through consultations and in accordance with law, maintain
juridical relations with the judicial organs of other parts of the
country,
and they may render assistance to each other. Article 96With 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 5District
OrganizationsArticle 97District organizations
which
are not organs of political power may be established in the Hong Kong
Special
Administrative Region, to be consulted by the government of the Region
on district administration and other affairs, or to be responsible for
providing services in such fields as culture, recreation and
environmental
sanitation. Article 98The powers and functions
of
the district organizations and the method for their formation shall be
prescribed by law. Section 6Public ServantsArticle 99(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. Article 100Public servants serving in
all
Hong Kong government departments, including the police department,
before
the establishment of the Hong Kong Special Administrative Region, may
all
remain in employment and retain their seniority with pay, allowances,
benefits
and conditions of service no less favourable than before. Article 101(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.chanrobles virtualawlibrary
(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.
Article 102The 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.cralaw:red.Article 103The 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 104When assuming office, the
Chief
Executive, principal officials, members of the Executive Council and of
the Legislative Council, judges of the courts at all levels and other
members
of the judiciary in the Hong Kong Special Administrative Region must,
in
accordance with law, swear to uphold the Basic Law of the Hong Kong
Special
Administrative Region of the People's Republic of China and swear
allegiance
to the Hong Kong Special Administrative Region of the People's Republic
of China. Chapter VEconomySection 1Public Finance,
Monetary
Affairs,Trade, Industry
and
CommerceArticle 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.cralaw:red.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 107The 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 109The 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.chanrobles virtualawlibrary
(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.cralaw:red.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 113The 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 114The 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 115The 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 117The Hong Kong Special
Administrative
Region may issue its own certificates of origin for products in
accordance
with prevailing rules of origin. Article 118The 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 119The Government of the Hong
Kong
Special Administrative Region shall formulate appropriate policies to
promote
and coordinate the development of various trades such as manufacturing,
commerce, tourism, real estate, transport, public utilities, services,
agriculture and fisheries, and pay regard to the protection of the
environment. Section 2Land LeasesArticle 120All 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 121As 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 122In 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 123Where leases of land
without
a right of renewal expire after the establishment of the Hong Kong
Special
Administrative Region, they shall be dealt with in accordance with laws
and policies formulated by the Region on its own. Section 3ShippingArticle 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 125The 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 126With 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 127Private shipping
businesses
and shipping-related businesses and private container terminals in the
Hong Kong Special Administrative Region may continue to operate freely. Section 4Civil AviationArticle 128The 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 130The 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 131The 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:chanroblesvirtuallawlibrary
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 134The Central People's
Government
shall give the Government of the Hong Kong Special Administrative
Region
the authority to:chanroblesvirtuallawlibrary
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 135Airlines 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 VIEducation,
Science,
Culture, Sports,Religion, Labour
and
Social ServiceArticle 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 138The 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 140The 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 143The 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 144The 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 145On 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 146Voluntary 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 147The Hong Kong Special
Administrative
Region shall on its own formulate laws and policies relating to labour. Article 148The 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 149Non-governmental
organizations
in fields such as education, science, technology, culture, art, sports,
the professions, medicine and health, labour, social welfare and social
work as well as religious organizations in the Hong Kong Special
Administrative
Region may maintain and develop relations with their counterparts in
foreign
countries and regions and with relevant international organizations.
They
may, as required, use the name "Hong Kong, China" in the relevant
activities. Chapter VIIExternal AffairsArticle 150Representatives 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 151The 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 155The 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 156The 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 VIIIInterpretation and
Amendment
of the Basic LawArticle 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 IXSupplementary
ProvisionsArticle 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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