Page:HKFactSheet BasicLaw 102008.pdf/2

 labour conventions as applied to Hong Kong shall remain in force and shall be implemented through the laws of the HKSAR. (BL Article 39)

Political Structure:

♦The Executive Authorities: The Chief Executive of the HKSAR shall be a Chinese citizen of not less than 40 years of age who is a permanent resident of the HKSAR 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. (BL Article 44)

The Chief Executive shall be selected by election or through consultations held locally and be appointed by the CPG. The method for selecting the Chief Executive shall be specified in the light of the actual situation in the HKSAR 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. (BL Article 45)

The HKSARG must abide by the law and be accountable to the Legislative Council of the HKSAR: 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. (BL Article 64)

♦The Legislature: The Legislative Council of the HKSAR shall be constituted by election. The method for forming the Legislative Council shall be specified in the light of the actual situation in the HKSAR 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. (BL Article 68)

The powers and functions to be exercised by the Legislative Council of the HKSAR mainly include, to:

♦The Judiciary: The power of final adjudication of the HKSAR shall be vested in the Court of Final Appeal of the HKSAR, which may as required invite judges from other common law jurisdictions to sit on the Court of Final Appeal. (BL Article 82)

The courts of the HKSAR shall exercise judicial power independently, free from any interference. (BL Article 85)

The principle of trial by jury previously practised in Hong Kong shall be maintained. 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. (BL Articles 86; 87)

The HKSAR may, through consultations and in accordance with law, maintain juridical relations with the judicial organs of other parts of the PRC, and they may render assistance to each other. With the assistance or authorization of the CPG, the HKSARG may also make appropriate arrangements with foreign states for reciprocal juridical assistance. (BL Articles 95; 96)

Economy: The HKSAR remains a free port, a separate customs territory and an international financial centre. Its markets for foreign exchange, gold, securities and futures shall continue. There shall be free flow of capital. (BL Articles 109; 112; 114; 116)

The Hong Kong dollar, as the legal tender in the HKSAR, shall continue to circulate. The authority to issue the currency shall be vested in the HKSARG. (BL Article 111)

The HKSAR shall pursue the policy of free trade and safeguard the free movement of goods, intangible assets and capital. (BL Article 115)

The HKSAR shall be authorized by the CPG to continue to maintain a shipping register and issue related certificates under the name 'Hong Kong, China'. Private shipping businesses and shipping-related businesses and private container terminals in the HKSAR may continue to operate freely. (BL Articles 125; 127)

The HKSAR shall continue the previous system of civil aviation management in Hong Kong and keep its own aircraft register. The HKSAR may, under the authorization of the CPG, negotiate and conclude air services agreements with foreign states or regions. (BL Articles 129-134)

Education, Science, Culture, Sports, Religion, Labour and Social Services: The HKSARG shall on its own formulate policies on the development and improvement of education, science and technology, culture, sports, social welfare and labour. (BL Articles 136-147)

Non-government 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 HKSAR 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. (BL Article 149)

External Affairs: The HKSAR 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. (BL Article 151)

Representatives of the HKSARG may, as members of delegations of the PRC, participate in international organizations or conferences in appropriate fields limited to states and affecting the HKSAR, or may attend in such other capacity as may be permitted by the CPG and the international organization or conference concerned, and may express their views, using the name 'Hong Kong, China'. The HKSAR may also, using the name 'Hong Kong, China', participate in international organizations and conferences not limited to states. (BL Article 152)

The application to the HKSAR of international agreements to which the PRC is or becomes a party shall be decided by the CPG, in accordance with the circumstances and needs of the HKSAR, and after seeking the views of the HKSARG. International agreements to which the PRC is not a party but which are implemented in Hong Kong may continue to be implemented in the HKSAR. The CPG shall, as necessary, authorize or assist the HKSARG to make appropriate arrangements for the application to the HKSAR of other relevant international agreements. (BL Article 153)

INTERPRETATION AND AMENDMENT OF THE BASIC LAW

The power of interpretation of the Basic Law shall be vested in the Standing Committee of the National People's Congress (SCNPC). The SCNPC shall authorize the courts of the HKSAR to interpret on their own, in adjudicating cases, the provisions of the Basic Law which are within the limits of the autonomy of the HKSAR. The courts of the HKSAR may also interpret other provisions of the Basic Law in adjudicating cases. However, if the courts of the HKSAR, in adjudicating cases, need to interpret the provisions of the Basic Law concerning affairs which are the responsibility of the CPG, or concerning the relationship between the Central Authorities and the HKSAR, and if such interpretation will affect the judgments on the cases, the courts of the HKSAR shall, before