Page:HKFactSheet BasicLaw 102008.pdf/1



BACKGROUND

The Sino-British Joint Declaration on the Question of Hong Kong (the Joint Declaration) was signed between the Chinese and British Governments on December 19, 1984. It sets out, among other things, the basic policies of the People's Republic of China (PRC) regarding Hong Kong. Under the principle of 'one country, two systems', the socialist system and policies shall not be practised in the Hong Kong Special Administrative Region (HKSAR) and Hong Kong's previous capitalist system and life-style shall remain unchanged for 50 years. The Joint Declaration provides that these basic policies will be stipulated in a Basic Law of the HKSAR. The Basic Law of the Hong Kong Special Administrative Region was adopted on April 4, 1990 by the Seventh National People's Congress (NPC) of the PRC. It was put into effect on July 1, 1997.

THE DOCUMENT

The Basic Law is a constitutional document for the HKSAR. It enshrines within a legal document the important concepts of 'one country, two systems', 'a high degree of autonomy' and 'Hong Kong People ruling Hong Kong'. It also prescribes the various systems to be practised in the HKSAR. The Basic Law consists of:

(a) the body of the Basic Law which comprises a total of nine chapters with 160 articles;

(b) Annex I, which sets out the method for the selection of the Chief Executive of the HKSAR;

(c) Annex II, which sets out the method for the formation of the Legislative Council of the HKSAR and its voting procedures;

(d) Annex III, which sets out the national laws to be applied in the HKSAR; and

(e) designs of the regional flag and emblem of the HKSAR.

DRAFTING PROCESS

The Basic Law was drafted by a committee composed of members from both Hong Kong and Mainland China. 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 adopted on April 4, 1990 by the NPC, together with the designs of the flag and emblem of the HKSAR.

BLUEPRINT FOR THE HKSAR

The Basic Law provides the blueprint for the development of the HKSAR. Major provisions which set out the basic policies of the PRC regarding the HKSAR are described below.

General Principles: The HKSAR has a high degree of autonomy and enjoys executive, legislative and independent judicial power, including that of final adjudication. (Basic Law Article 2)

The executive authorities and legislature of the HKSAR shall be composed of permanent residents of Hong Kong. (BL 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. (BL Article 5)

The laws previously in force in Hong Kong, that is, the common law, rules of equity, ordinances, subordinate legislation and customary law shall be maintained, except for any that contravene the Basic Law and subject to any amendment by the legislature of the HKSAR. (BL Article 8)

Relationship between the Central Authorities and the HKSAR: The Central People's Government (CPG) shall be responsible for defence and foreign affairs relating to the HKSAR. (BL Articles 13; 14)

The CPG authorizes the HKSAR to conduct relevant external affairs on its own. (BL Article 13)

The HKSAR Government (HKSARG) shall be responsible for the maintenance of public order in the Region. (BL Article 14)

National laws shall not be applied in the HKSAR except for those listed in Annex III to the Basic Law. Laws listed in Annex III shall be confined to those relating to defence and foreign affairs as well as other matters outside the limits of the autonomy of the HKSAR. The laws listed in Annex III shall be applied locally by way of promulgation or legislation by the HKSAR. (BL Article 18)

No department of the CPG and no province, autonomous region, or municipality directly under the Central Government may interfere in the affairs which the HKSAR administers on its own in accordance with the Basic Law. (BL Article 22)

Protection of Rights and Freedoms: The HKSAR shall protect the right of private ownership of property in accordance with law. (BL 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. (BL Articles 25; 26)

The freedom of the person of Hong Kong residents shall be inviolable. (BL Article 28)

Hong Kong residents shall have, among other things, freedom of speech, of the press and of publication; freedom of association, of assembly, 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. (BL 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