{ Adopted: 4 April 1990 / Effective: 1 July 1997 / Status: 4 April 1990 }
Preamble
Hong Kong has been part of the territory of China since ancient
times; it was occupied by Britain after the Opium War in 1840. On
19 December 1984, the Chinese and British Governments signed the
Joint Declaration on the Question of Hong Kong, affirming that the
Government of the People's Republic of China will resume the
exercise of sovereignty over Hong Kong with effect from 1 July
1997, thus fulfilling the long-cherished common aspiration of the
Chinese people for the recovery of Hong Kong.
Upholding national unity and territorial integrity, maintaining the prosperity and stability of Hong Kong, and taking account of its history and realities, the People's Republic of China has decided that upon China's resumption of the exercise of sovereignty over Hong Kong, a Hong Kong Special Administrative Region will be established in accordance with the provisions of Article 31 of the Constitution of the People's Republic of China, and that under the principle of "one country, two systems", the socialist system and policies will not be 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.
Article 1
The Hong Kong Special Administrative Region is an inalienable part
of the People's Republic of China.
Article 2
The National People's Congress authorizes the Hong Kong Special
Administrative Region to exercise a high degree of autonomy and
enjoy executive, legislative and independent judicial power,
including that of final adjudication, in accordance with the
provisions of this Law.
Article 3
The executive authorities and legislature of the Hong Kong Special
Administrative Region shall be composed of permanent residents of
Hong Kong in accordance with the relevant provisions of this Law.
Article 4
The Hong Kong Special Administrative Region shall safeguard the
rights and freedoms
Article 5
The 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 6
The Hong Kong Special Administrative Region shall protect the
right of private ownership of property in accordance with law.
Article 7
The land and natural resources within the Hong Kong Special
Administrative Region shall be State property. The Government of
the Hong Kong Special Administrative Region shall be responsible
for their management, use and development and for their lease or
grant to individuals, legal persons or organizations for use or
development. The revenues derived therefrom shall be exclusively
at the disposal of the government of the Region.
Article 8
The laws previously in force in Hong Kong, that is, the common
law, rules of equity, ordinances, subordinate legislation and
customary law shall be maintained, except for any that contravene
this Law, and subject to any amendment by the legislature of the
Hong Kong Special Administrative Region.
Article 9
In addition to the Chinese language, English may also be used as
an official language by the executive authorities, legislature and
judiciary of the Hong Kong Special Administrative Region.
Article 10
(1) Apart from displaying the national flag and national emblem of
the People's Republic of China, the Hong Kong Special
Administrative Region may also use a regional flag and regional
emblem.
(2) The regional flag of the Hong Kong Special Administrative
Region is a red flag with a bauhinia highlighted by five
star-tipped stamens.
(3) The regional emblem of the Hong Kong Special Administrative
Region is a bauhinia in the centre highlighted by five star-tipped
stamens and encircled by the words "Hong Kong Special
Administrative Region of the People's Republic of China" in
Chinese and "HONG KONG" in English.
Article 11
(1) In accordance with Article 31 of the Constitution of the
People's Republic of China, the systems and policies practised
in the Hong Kong Special Administrative Region, including the
social and economic systems, the system for safeguarding the
fundamental rights and freedoms of its residents, the executive,
legislative and judicial systems, and the relevant policies, shall
be based on the provisions of this Law.
(2) No law enacted by the legislature of the Hong Kong Special
Administrative Region shall contravene this Law.
Article 12
The Hong Kong Special Administrative Region shall be a local
administrative region of the People's Republic of China, which
shall enjoy a high degree of autonomy and come directly under the
Central People's Government.
Article 13
(1) The Central People's Government shall be responsible for the
foreign affairs relating to the Hong Kong Special Administrative
Region.
(2) The Ministry of Foreign Affairs of the People's Republic of
China shall establish an office in Hong Kong to deal with foreign
affairs.
(3) The Central People's Government authorizes the Hong Kong
Special Administrative Region to conduct relevant external affairs
on its own in accordance with this Law.
Article 14
(1) The Central People's Government shall be responsible for the
defence of the Hong Kong Special Administrative Region.
(2) The Government of the Hong Kong Special Administrative Region
shall be responsible for the maintenance of public order in the
Region.
(3) Military forces
(4) In addition to abiding by national laws, members of the
garrison shall abide by the laws of the Hong Kong Special
Administrative Region.
(5) Expenditure for the garrison shall be borne by the Central
People's Government.
Article 15
The Central People's Government shall appoint the Chief Executive
and the principal officials of the executive authorities of the
Hong Kong Special Administrative Region in accordance with the
provisions of Chapter IV of this Law.
Article 16
The Hong Kong Special Administrative Region shall be vested with
executive power. It shall, on its own, conduct the administrative
affairs of the Region in accordance with the relevant provisions
of this Law.
Article 17
(1) The Hong Kong Special Administrative Region shall be vested
with legislative power.
(2) Laws enacted by the legislature of the Hong Kong Special
Administrative Region must be reported to the Standing Committee
of the National People's Congress for the record. The reporting
for record shall not affect the entry into force of such laws.
(3) If the Standing Committee of the National People's Congress,
after consulting the Committee for the Basic Law of the Hong Kong
Special Administrative Region under it, considers that any law
enacted by the legislature of the Region is not in conformity with
the provisions of this Law regarding affairs within the
responsibility of the Central Authorities or regarding the
relationship between the Central Authorities and the Region, the
Standing Committee may return the law in question but shall not
amend it. Any law returned by the Standing Committee of the
National People's Congress shall immediately be invalidated. This
invalidation shall not have retroactive effect, unless otherwise
provided for in the laws of the Region.
Article 18
(1) The laws in force in the Hong Kong Special Administrative
Region shall be this Law, the laws previously in force in Hong
Kong as provided for in Article 8 of this Law, and the laws
enacted by the legislature of the Region. National laws shall not
be applied in the Hong Kong Special Administrative Region except
for those listed in Annex III to this Law. The laws listed
therein shall be applied locally by way of promulgation or
legislation by the Region.
(2) The Standing Committee of the National People's Congress may
add to or delete from the list of laws in Annex III after
consulting its Committee for the Basic Law of the Hong Kong
Special Administrative Region and the government of the Region.
Laws listed in Annex III to this Law shall be confined to those
relating to defence and foreign affairs as well as other matters
outside the limits of the autonomy of the Region as specified by
this Law.
(3) In the event that the Standing Committee of the National
People's Congress decides to declare a state of war or, by reason
of turmoil within the Hong Kong Special Administrative Region
which endangers national unity or security and is beyond the
control of the government of the Region, decides that the Region
is in a state of emergency, the Central People's Government may
issue an order applying the relevant national laws in the Region.
Article 19
(1) The Hong Kong Special Administrative Region shall be vested
with independent judicial power, including that of final
adjudication.
(2) The courts of the Hong Kong Special Administrative Region
shall have jurisdiction over all cases in the Region, except that
the restrictions on their jurisdiction imposed by the legal system
and principles previously in force in Hong Kong shall be
maintained.
(3) The courts of the Hong Kong Special Administrative Region
shall have no jurisdiction over acts of state such as defence and
foreign affairs. The courts of the Region shall obtain a
certificate from the Chief Executive on questions of fact
concerning acts of state such as defence and foreign affairs
whenever such questions arise in the adjudication of cases. This
certificate shall be binding on the courts. Before issuing such a
certificate, the Chief Executive shall obtain a certifying
document from the Central People's Government.
Article 20
The Hong Kong Special Administrative Region may enjoy other powers
granted to it by the National People's Congress, the Standing
Committee of the National People's Congress or the Central
People's Government.
Article 21
(1) Chinese citizens who are residents of the Hong Kong Special
Administrative Region shall be entitled to participate in the
management of state affairs according to law.
(2) In accordance with the assigned number of seats and the
selection method specified by the National People's Congress, the
Chinese citizens among the residents of the Hong Kong Special
Administrative Region shall locally elect deputies of the Region
to the National People's Congress to participate in the work of
the highest organ of state power.
Article 22
(1) No department of the Central People's Government and no
province, autonomous region, or municipality directly under the
Central Government may interfere in the affairs which the Hong
Kong Special Administrative Region administers on its own in
accordance with this Law.
(2) If there is a need for departments of the Central Government,
or for provinces, autonomous regions, or municipalities directly
under the Central Government to set up offices in the Hong Kong
Special Administrative Region, they must obtain the consent of the
government of the Region and the approval of the Central People's
Government.
(3) All offices set up in the Hong Kong Special Administrative
Region by departments of the Central Government, or by provinces,
autonomous regions, or municipalities directly under the Central
Government, and the personnel of these offices shall abide by the
laws of the Region.
(4) For entry into the Hong Kong Special Administrative Region,
people from other parts of China must apply for approval. Among
them, the number of persons who enter the Region for the purpose
of settlement shall be determined by the competent authorities of
the Central People's Government after consulting the government of
the Region.
(5) The Hong Kong Special Administrative Region may establish an
office in Beijing.
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.
Article 24 [Citizenship]
(1) Residents of the Hong Kong Special Administrative Region
("Hong Kong residents") shall include permanent residents and
non-permanent residents.
(2) The permanent residents of the Hong Kong Special
Administrative Region shall be:
1) Chinese citizens born in Hong Kong before or after the
establishment of the Hong Kong Special Administrative Region;
2) Chinese citizens who have ordinarily resided in Hong Kong for
continuous period of not less than seven years before or after the
establishment of the Hong Kong Special Administrative Region;
3) Persons of Chinese nationality born outside Hong Kong of those
residents listed in categories 1) and 2);
4) Persons not of Chinese nationality who have entered Hong Kong
with valid travel documents, have ordinarily resided in Hong Kong
for a continuous period of not less than seven years and have
taken Hong Kong as their place of permanent residence before or
after the establishment of the Hong Kong Special Administrative
Region;
5) Persons under 21 years of age born in Hong Kong of those
residents listed in category 4) before or after the establishment
of the Hong Kong Special Administrative Region; and
6) Persons other than those residents listed in categories 1)
to 5), who, before the establishment of the Hong Kong Special
Administrative Region, had the right of abode in Hong Kong only.
(3) The above-mentioned residents shall have the right of abode in
the Hong Kong Special Administrative Region and shall be qualified
to obtain, in accordance with the laws of the Region, permanent
identity cards which state their right of abode.
(4) The non-permanent residents of the Hong Kong Special
Administrative Region shall be persons who are qualified to obtain
Hong Kong identity cards in accordance with the laws of the Region
but have no right of abode.
Article 25 [Equality]
All Hong Kong residents shall be equal before the law.
Article 26 [Electoral Rights]
Permanent residents of the Hong Kong Special Administrative Region
shall have the right to vote and the right to stand for election
in accordance with law.
Article 27 [Freedom of Expression and Association]
Hong Kong residents shall have freedom of speech, of the press,
and of publication
Article 28 [Personal Freedom]
(1) The freedom of the person of Hong Kong residents shall be
inviolable.
(2) No Hong Kong resident shall be subjected to arbitrary or
unlawful arrest, detention or imprisonment. Arbitrary or unlawful
search of the body of any resident or deprivation or restriction
of the freedom of the person shall be prohibited. Torture of any
resident or arbitrary or unlawful deprivation of the life of any
resident shall be prohibited.
Article 29 [Home]
The homes and other premises of Hong Kong residents shall be
inviolable. Arbitrary or unlawful search of, or intrusion into, a
resident's home or other premises shall be prohibited.
Article 30 [Privacy]
The freedom and privacy of communication of Hong Kong residents
shall be protected by law. No department or individual may, on
any grounds, infringe upon the freedom and privacy of
communication of residents except that the relevant authorities
may inspect communication in accordance with legal procedures to
meet the needs of public security or of investigation into
criminal offences.
Article 31 [Right to Move]
Hong Kong residents shall have freedom of movement within the Hong
Kong Special Administrative Region and freedom of emigration to
other countries and regions. They shall have freedom to travel
and to enter or leave the Region. Unless restrained by law,
holders of valid travel documents shall be free to leave the
Region without special authorization.
Article 32 [Religion]
(1) Hong Kong residents shall have freedom of conscience.
(2) Hong Kong residents shall have freedom of religious belief and
freedom to preach and to conduct and participate in religious
activities in public.
Article 33 [Work]
Hong Kong residents shall have freedom of choice of occupation.
Article 34 [Research]
Hong Kong residents shall have freedom to engage in academic
research, literary and artistic creation, and other cultural
activities.
Article 35 [Legal Remedies]
(1) Hong Kong residents shall have the right to confidential legal
advice, access to the courts, choice of lawyers for timely
protection of their lawful rights and interests or for
representation in the courts, and to judicial remedies.
(2) Hong Kong residents shall have the right to institute legal
proceedings in the courts against the acts of the executive
authorities and their personnel.
Article 36 [Welfare]
Hong Kong residents shall have the right to social welfare in
accordance with law. The welfare benefits and retirement security
of the labour force shall be protected by law.
Article 37 [Marriage]
The freedom of marriage of Hong Kong residents and their right to
raise a family freely shall be protected by law.
Article 38 [Other Freedoms]
Hong Kong residents shall enjoy the other rights and freedoms
safeguarded by the laws of the Hong Kong Special Administrative
Region.
Article 39 [International Covenants]
(1) The provisions of the International Covenant on Civil and
Political Rights, the International Covenant on Economic, Social
and Cultural Rights, and international labour conventions as
applied to Hong Kong shall remain in force and shall be
implemented through the laws of the Hong Kong Special
Administrative Region.
(2) The rights and freedoms enjoyed by Hong Kong residents shall
not be restricted unless as prescribed by law. Such restrictions
shall not contravene the provisions of Paragraph (1).
Article 40 [Indigenous Inhabitants]
The lawful traditional rights and interests of the indigenous
inhabitants of the "New Territories" shall be protected by the
Hong Kong Special Administrative Region.
Article 41 [Rights of Foreigners]
Persons in the Hong Kong Special Administrative Region other than
Hong Kong residents shall, in accordance with law, enjoy the
rights and freedoms of Hong Kong residents prescribed in this
Chapter.
Article 42 [Duty to Obey the Laws]
Hong Kong residents and other persons in Hong Kong shall have the
obligation to abide by the laws in force in the Hong Kong Special
Administrative Region.
Article 43
(1) The Chief Executive of the Hong Kong Special Administrative
Region shall be the head of the Hong Kong Special Administrative
Region
(2) The Chief Executive of the Hong Kong Special Administrative
Region shall be accountable to the Central People's Government and
the Hong Kong Special Administrative Region in accordance with the
provisions of this Law.
Article 44
The Chief Executive of the Hong Kong Special Administrative Region
shall be a Chinese citizen of not less than 40 years of age who is
a permanent resident of the Region with no right of abode in any
foreign country and has ordinarily resided in Hong Kong for a
continuous period of not less than 20 years.
Article 45
(1) The Chief Executive of the Hong Kong Special Administrative
Region shall be selected by election or through consultations held
locally and be appointed by the Central People's Government.
(2) The method for selecting the Chief Executive shall be
specified in the light of the actual situation in the Hong Kong
Special Administrative Region and in accordance with the principle
of gradual and orderly progress. The ultimate aim is the
selection of the Chief Executive by universal suffrage upon
nomination by a broadly representative nominating committee in
accordance with democratic procedures.
(3) The specific method for selecting the Chief Executive is
prescribed in Annex I: "Method for the Selection of the Chief
Executive of the Hong Kong Special Administrative Region".
Article 46
The term of office of the Chief Executive of the Hong Kong Special
Administrative Region shall be five years. He or she may serve
for not more than two consecutive terms.
Article 47
(1) The Chief Executive of the Hong Kong Special Administrative
Region must be a person of integrity, dedicated to his or her
duties.
(2) The Chief Executive, on assuming office, shall declare his or
her assets to the Chief Justice of the Court of Final Appeal of
the Hong Kong Special Administrative Region. This declaration
shall be put on record.
Article 48
(1) The Chief Executive of the Hong Kong Special Administrative
Region shall exercise the following powers and functions:
1) To lead the government of the Region;
2) To be responsible for the implementation of this Law and other
laws which, in accordance with this Law, apply in the Hong Kong
Special Administrative Region;
3) To sign bills passed by the Legislative Council and to
promulgate laws; to sign budgets passed by the Legislative Council
and report the budgets and final accounts to the Central People's
Government for the record;
4) To decide on government policies and to issue executive
orders;
5) To nominate and to report to the Central People's Government
for appointment the following principal officials: Secretaries and
Deputy Secretaries of Departments, Directors of Bureaux,
Commissioner Against Corruption, Director of Audit, Commissioner
of Police, Director of Immigration and Commissioner of Customs and
Excise; and to recommend to the Central People's Government the
removal of the above-mentioned officials;
6) To appoint or remove judges of the courts at all levels in
accordance with legal procedures;
7) To appoint or remove holders of public office in accordance
with legal procedures;
8) To implement the directives issued by the Central People's
Government in respect of the relevant matters provided for in this
Law;
9) To conduct, on behalf of the Government of the Hong Kong
Special Administrative Region, external affairs and other affairs
as authorized by the Central Authorities;
10) To approve the introduction of motions regarding revenues or
expenditure to the Legislative Council;
11) To decide, in the light of security and vital public
interests, whether government officials or other personnel in
charge of government affairs should testify or give evidence
before the Legislative Council or its committees;
12) To pardon persons convicted of criminal offences or commute
their penalties; and
13) To handle petitions and complaints.
Article 49
If the Chief Executive of the Hong Kong Special Administrative
Region considers that a bill passed by the Legislative Council is
not compatible with the overall interests of the Region, he or she
may return it to the Legislative Council within three months for
reconsideration. If the Legislative Council passes the original
bill again by not less than a two-thirds majority of all the
members, the Chief Executive must sign and promulgate it within
one month, or act in accordance with the provisions of Article 50
of this Law.
Article 50
(1) If the Chief Executive of the Hong Kong Special Administrative
Region refuses to sign a bill passed the second time by the
Legislative Council, or the Legislative Council refuses to pass a
budget or any other important bill introduced by the government,
and if consensus still cannot be reached after consultations, the
Chief Executive may dissolve the Legislative Council.
(2) The Chief Executive must consult the Executive Council before
dissolving the Legislative Council. The Chief Executive may
dissolve the Legislative Council only once in each term of his or
her office.
Article 51
If the Legislative Council of the Hong Kong Special Administrative
Region refuses to pass the budget introduced by the government,
the Chief Executive may apply to the Legislative Council for
provisional appropriations. If appropriation of public funds
cannot be approved because the Legislative Council has already
been dissolved, the Chief Executive may, prior to the election of
the new Legislative Council approve provisional short-term
appropriations according to the level of expenditure of the
previous fiscal year.
Article 52
The Chief Executive of the Hong Kong Special Administrative Region
must resign under any of the following circumstances:
1) When he or she loses the ability to discharge his or her duties
as a result of serious illness or other reasons;
2) When, after the Legislative Council is dissolved because he or
she twice refuses to sign a bill passed by it, the new Legislative
Council again passes by a two-thirds majority of all the members
the original bill in dispute, but he or she still refuses to sign
it; and
3) When, after the Legislative Council is dissolved because it
refuses to pass a budget or any other important bill, the new
Legislative Council still refuses to pass the original bill in
dispute.
Article 53
(1) If the Chief Executive of the Hong Kong Special Administrative
Region is not able to discharge his or her duties for a short
period, such duties shall temporarily be assumed by the
Administrative Secretary, Financial Secretary or Secretary of
Justice in this order of precedence.
(2) In the event that the office of Chief Executive becomes
vacant, a new Chief Executive shall be selected within six months
in accordance with the provisions of Article 45 of this Law.
During the period of vacancy, his or her duties shall be assumed
according to the provisions of Paragraph (1).
Article 54
The Executive Council of the Hong Kong Special Administrative
Region shall be an organ for assisting the Chief Executive in
policy- making.
Article 55
(1) Members of the Executive Council of the Hong Kong Special
Administrative Region shall be appointed by the Chief Executive
from among the principal officials of the executive authorities,
members of the Legislative Council and public figures. Their
appointment or removal shall be decided by the Chief Executive.
The term of office of members of the Executive Council shall not
extend beyond the expiry of the term of office of the Chief
Executive who appoints them.
(2) Members of the Executive Council of the Hong Kong Special
Administrative Region shall be Chinese citizens who are permanent
residents of the Region with no right of abode in any foreign
country.
(3) The Chief Executive may, as he or she deems necessary, invite
other persons concerned to sit in on meetings of the Council.
Article 56
(1) The Executive Council of the Hong Kong Special Administrative
Region shall be presided over by the Chief Executive.
(2) Except for the appointment, removal and disciplining of
officials and the adoption of measures in emergencies, the Chief
Executive shall consult the Executive Council before making
important policy decisions, introducing bills to the Legislative
Council, making subordinate legislation, or dissolving the
Legislative Council.
(3) If the Chief Executive does not accept a majority opinion of
the Executive Council, he or she shall put the specific reasons on
record.
Article 57
A Commission Against Corruption shall be established in the Hong
Kong Special Administrative Region. It shall function
independently and be accountable to the Chief Executive.
Article 58
A Commission of Audit shall be established in the Hong Kong
Special Administrative Region. It shall function independently
and be accountable to the Chief Executive.
Article 59
The Government
Article 60
(1) The head of the Government of the Hong Kong Special
Administrative Region shall be the Chief Executive of the Region.
(2) A Department of Administration, a Department of Finance,
Department of Justice, and various bureaux, divisions and
commissions shall be established in the Government of the Hong
Kong Special Administrative Region.
Article 61
The principal officials of the Hong Kong Special Administrative
Region shall be Chinese citizens who are permanent residents of
the Region with no right of abode in any foreign country and have
ordinarily resided in Hong Kong for a continuous period of not
less than 15 years.
Article 62
The Government of the Hong Kong Special Administrative Region
shall exercise the following powers and functions:
1) To formulate and implement policies;
2) To conduct administrative affairs;
3) To conduct external affairs as authorized by the Central
People's Government under this Law;
4) To draw up and introduce budgets and final accounts;
5) To draft and introduce bills, motions and subordinate
legislation; and
6) To designate officials to sit in on the meetings of the
Legislative Council and to speak on behalf of the government.
Article 63
The Department of Justice of the Hong Kong Special Administrative
Region shall control criminal prosecutions, free from any
interference.
Article 64
The Government of the Hong Kong Special Administrative Region must
abide by the law and be accountable to the Legislative Council of
the Region: it shall implement laws passed by the Council and
already in force; it shall present regular policy addresses to the
Council; it shall answer questions raised by members of the
Council; and it shall obtain approval from the Council for
taxation and public expenditure.
Article 65
The previous system of establishing advisory bodies by the
executive authorities shall be maintained.
Article 66
The Legislative Council of the Hong Kong Special Administrative
Region shall be the legislature of the Region.
Article 67
The Legislative Council of the Hong Kong Special Administrative
Region shall be composed of Chinese citizens who are permanent
residents of the Region with no right of abode in any foreign
country. However, permanent residents of the Region who are not
of Chinese nationality or who have the right of abode in foreign
countries may also be elected members of the Legislative Council
of the Region, provided that the proportion of such members does
not exceed 20 per cent of the total membership of the Council.
Article 68
(1) The Legislative Council of the Hong Kong Special
Administrative Region shall be constituted by election.
(2) The method for forming the Legislative Council shall be
specified in the light of the actual situation in the Hong Kong
Special Administrative Region and in accordance with the principle
of gradual and orderly progress. The ultimate aim is the election
of all the members of the Legislative Council by universal
suffrage.
(3) The specific method for forming the Legislative Council and
its procedures for voting on bills and motions are prescribed in
Annex II: "Method for the Formation of the Legislative Council of
the Hong Kong Special Administrative Region and Its Voting
Procedures".
Article 69
The term of office of the Legislative Council of the Hong Kong
Special Administrative Region shall be four years, except the
first term which shall be two years.
Article 70
If the Legislative Council of the Hong Kong Special Administrative
Region is dissolved by the Chief Executive in accordance with the
provisions of this Law, it must, within three months, be
reconstituted by election in accordance with Article 68 of this
Law.
Article 71
(1) The President of the Legislative Council of the Hong Kong
Special Administrative Region shall be elected by and from among
the members of the Legislative Council.
(2) The President of the Legislative Council of the Hong Kong
Special Administrative Region shall be a Chinese citizen of not
less than 40 years of age, who is a permanent resident of the
Region with no right of abode in any foreign country and has
ordinarily resided in Hong Kong for a continuous period of not
less than 20 years.
Article 72
The President of the Legislative Council of the Hong Kong Special
Administrative Region shall exercise the following powers and
functions:
1) To preside over meetings;
2) To decide on the agenda, giving priority to government bills
for inclusion in the agenda;
3) To decide on the time of meetings;
4) To call special sessions during the recess;
5) To call emergency sessions on the request of the Chief
Executive; and
6) To exercise other powers and functions as prescribed in the
rules of procedure of the Legislative Council.
Article 73
The Legislative Council of the Hong Kong Special Administrative
Region shall exercise the following powers and functions:
1) To enact, amend or repeal laws in accordance with the
provisions of this Law and legal procedures;
2) To examine and approve budgets introduced by the
government;
3) To approve taxation and public expenditure;
4) To receive and debate the policy addresses of the Chief
Executive;
5) To raise questions on the work of the government;
6) To debate any issue concerning public interests;
7) To endorse the appointment and removal of the judges of the
Court of Final Appeal and the Chief Judge of the High Court;
8) To receive and handle complaints from Hong Kong residents;
9) If a motion initiated jointly by one-fourth of all the members
of the Legislative Council charges the Chief Executive with
serious breach of law or dereliction of duty and if he or she
refuses to resign, the Council may, after passing a motion for
investigation, give a mandate to the Chief Justice of the Court of
Final Appeal to form and chair an independent investigation
committee. The committee shall be responsible for carrying out
the investigation and reporting its findings to the Council. If
the committee considers the evidence sufficient to substantiate
such charges, the Council may pass a motion of impeachment by a
two-thirds majority of all its members and report it to the
Central People's Government for decision; and
10) To summon, as required when exercising the above-mentioned
powers and functions, persons concerned to testify or give
evidence.
Article 74
Members of the Legislative Council of the Hong Kong Special
Administrative Region may introduce bills in accordance with the
provisions of this Law and legal procedures. Bills which do not
relate to public expenditure or political structure or the
operation of the government may be introduced individually or
jointly by members of the Council. The written consent of the
Chief Executive shall be required before bills relating to
government policies are introduced.
Article 75
(1) The quorum for the meeting of the Legislative Council of the
Hong Kong Special Administrative Region shall be not less than one
half of all its members.
(2) The rules of procedure of the Legislative Council shall be
made by the Council on its own, provided that they do not
contravene this Law.
Article 76
A bill passed by the Legislative Council of the Hong Kong Special
Administrative Region may take effect only after it is signed and
promulgated by the Chief Executive.
Article 77
Members of the Legislative Council of the Hong Kong Special
Administrative Region shall be immune from legal action in respect
of their statements at meetings of the Council.
Article 78
Members of the Legislative Council of the Hong Kong Special
Administrative Region shall not be subjected to arrest when
attending or on their way to a meeting of the Council.
Article 79
The President of the Legislative Council of the Hong Kong Special
Administrative Region shall declare that a member of the Council
is no longer qualified for the office under any of the following
circumstances:
1) When he or she loses the ability to discharge his or her duties
as a result of serious illness or other reasons;
2) When he or she, with no valid reason, is absent from meetings
for three consecutive months without the consent of the President
of the Legislative Council;
3) When he or she loses or renounces his or her status as a
permanent resident of the Region;
4) When he or she accepts a government appointment and becomes a
public servant;
5) When he or she is bankrupt or fails to comply with a court
order to repay debts;
6) When he or she is convicted and sentenced to imprisonment for
one month or more for a criminal offence committed within or
outside the Region and is relieved of his or her duties by a
motion passed by two-thirds of the members of the Legislative
Council present; and
7) When he or she is censured for misbehaviour or breach of oath
by a vote of two-thirds of the members of the Legislative Council
present.
Article 80
The courts of the Hong Kong Special Administrative Region at all
levels shall be the judiciary of the Region, exercising the
judicial power of the Region.
Article 81
(1) The Court of Final Appeal
(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 82
The power of final adjudication of the Hong Kong Special
Administrative Region shall be vested in the Court of Final Appeal
of the Region, which may as required invite judges from other
common law jurisdictions to sit on the Court of Final Appeal.
Article 83
The structure, powers and functions of the courts of the Hong Kong
Special Administrative Region at all levels shall be prescribed by
law.
Article 84
The courts of the Hong Kong Special Administrative Region shall
adjudicate cases in accordance with the laws applicable in the
Region as prescribed in Article 18 of this Law and may refer to
precedents of other common law jurisdictions.
Article 85
The courts of the Hong Kong Special Administrative Region shall
exercise judicial power independently, free from any interference.
Members of the judiciary shall be immune from legal action in the
performance of their judicial functions.
Article 86
The 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 88
Judges of the courts of the Hong Kong Special Administrative
Region shall be appointed by the Chief Executive on the
recommendation of an independent commission composed of local
judges, persons from the legal profession and eminent persons from
other sectors.
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 91
The Hong Kong Special Administrative Region shall maintain the
previous system of appointment and removal of members of the
judiciary other than judges.
Article 92
Judges and other members of the judiciary of the Hong Kong Special
Administrative Region shall be chosen on the basis of their
judicial and professional qualities and may be recruited from
other common law jurisdictions.
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 95
The Hong Kong Special Administrative Region may, through
consultations and in accordance with law, maintain juridical
relations with the judicial organs of other parts of the country,
and they may render assistance to each other.
Article 96
With the assistance or authorization of the Central People's
Government, the Government of the Hong Kong Special Administrative
Region may make appropriate arrangements with foreign states for
reciprocal juridical assistance.
Article 97
District organizations which are not organs of political power may
be established in the Hong Kong Special Administrative Region, to
be consulted by the government of the Region
Article 98
The powers and functions of the district organizations and the
method for their formation shall be prescribed by law.
Article 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 100
Public servants serving in all Hong Kong government departments,
including the police department, before the establishment of the
Hong Kong Special Administrative Region, may all remain in
employment and retain their seniority with pay, allowances,
benefits and conditions of service no less favourable than before.
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.
(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 102
The Government of the Hong Kong Special Administrative Region
shall pay to public servants who retire or who leave the service
in compliance with regulations, including those who have retired
or who have left the service in compliance with regulations before
the establishment of the Hong Kong Special Administrative Region,
or to their dependants, all pensions, gratuities, allowances and
benefits due to them on terms no less favourable than before,
irrespective of their nationality or place of residence.
Article 103
The appointment and promotion of public servants shall be on the
basis of their qualifications, experience and ability. Hong
Kong's previous system of recruitment, employment, assessment,
discipline, training and management for the public service,
including special bodies for their appointment, pay and conditions
of service, shall be maintained, except for any provisions for
privileged treatment of foreign nationals.
Article 104
When assuming office, the Chief Executive, principal officials,
members of the Executive Council and of the Legislative Council,
judges of the courts at all levels and other members of the
judiciary in the Hong Kong Special Administrative Region must, in
accordance with law, swear to uphold the Basic Law of the Hong
Kong Special Administrative Region of the People's Republic of
China and swear allegiance to the Hong Kong Special Administrative
Region of the People's Republic of China.
Section 1 Public Finance, Monetary Affairs, Trade, Industry and Commerce
Article 105
(1) The Hong Kong Special Administrative Region shall, in
accordance with law, protect the right of individuals and legal
persons to the acquisition, use, disposal, and inheritance of
property
(2) Such compensation shall correspond to the real value of the
property concerned at the time and shall be freely convertible and
paid without undue delay.
(3) The ownership of enterprises and the investments from outside
the Region shall be protected by law.
Article 106
(1) The Hong Kong Special Administrative Region shall have
independent finances.
(2) The Hong Kong Special Administrative Region shall use its
financial revenues exclusively for its own purposes, and they
shall not be handed over to the Central People's Government.
(3) The Central People's Government shall not levy taxes in the
Hong Kong Special Administrative Region.
Article 107
The Hong Kong Special Administrative Region shall follow the
principle of keeping expenditure within the limits of revenues in
drawing up its budget, and strive to achieve a fiscal balance,
avoid deficits and keep the budget commensurate with the growth
rate of its gross domestic product.
Article 108
(1) The Hong Kong Special Administrative Region shall practise an
independent taxation system.
(2) The Hong Kong Special Administrative Region shall, taking the
low tax policy previously pursued in Hong Kong as reference, enact
laws on its own concerning types of taxes, tax rates, tax
reductions, allowances and exemptions, and other matters of
taxation.
Article 109
The Government of the Hong Kong Special Administrative Region
shall provide an appropriate economic and legal environment for
the maintenance of the status of Hong Kong as an international
financial centre.
Article 110
(1) The monetary and financial systems of the Hong Kong Special
Administrative Region shall be prescribed by law.
(2) The Government of the Hong Kong Special Administrative Region
shall, on its own, formulate monetary and financial policies,
safeguard the free operation of financial business and financial
markets, and regulate and supervise them in accordance with law.
Article 111
(1) The Hong Kong dollar, as the legal tender in the Hong Kong
Special Administrative Region, shall continue to circulate.
(2) The authority to issue Hong Kong currency shall be vested in
the Government of the Hong Kong Special Administrative Region.
The issue of Hong Kong currency must be backed by a 100 per cent
reserve fund. The system regarding the issue of Hong Kong
currency and the reserve fund system shall be prescribed by law.
(3) The Government of the Hong Kong Special Administrative Region
may authorize designated banks to issue or continue to issue Hong
Kong currency under statutory authority, after satisfying itself
that any issue of currency will be soundly based and that the
arrangements for such issue are consistent with the object of
maintaining the stability of the currency.
Article 112
(1) No foreign exchange control policies shall be applied in the
Hong Kong Special Administrative Region. The Hong Kong dollar
shall be freely convertible. Markets for foreign exchange, gold,
securities, futures and the like shall continue.
(2) The Government of the Hong Kong Special Administrative Region
shall safeguard the free flow of capital within, into and out of
the Region.
Article 113
The Exchange Fund of the Hong Kong Special Administrative Region
shall be managed and controlled by the government of the Region,
primarily for regulating the exchange value of the Hong Kong
dollar.
Article 114
The Hong Kong Special Administrative Region shall maintain the
status of a free port and shall not impose any tariff unless
otherwise prescribed by law.
Article 115
The Hong Kong Special Administrative Region shall pursue the
policy of free trade and safeguard the free movement of goods,
intangible assets and capital.
Article 116
(1) The Hong Kong Special Administrative Region shall be a
separate customs territory.
(2) The Hong Kong Special Administrative Region may, using the
name "Hong Kong, China", participate in relevant international
organizations and international trade agreements (including
preferential trade arrangements), such as the General Agreement on
Tariffs and Trade and arrangements regarding international trade
in textiles.
(3) Export quotas, tariff preferences and other similar
arrangements, which are obtained or made by the Hong Kong Special
Administrative Region or which were obtained or made and remain
valid, shall be enjoyed exclusively by the Region.
Article 117
The Hong Kong Special Administrative Region may issue its own
certificates of origin for products in accordance with prevailing
rules of origin.
Article 118
The Government of the Hong Kong Special Administrative Region
shall provide an economic and legal environment for encouraging
investments, technological progress and the development of new
industries.
Article 119
The Government of the Hong Kong Special Administrative Region
shall formulate appropriate policies to promote and co-ordinate
the development of various trades such as manufacturing, commerce,
tourism, real estate, transport, public utilities, services,
agriculture and fisheries, and pay regard to the protection of the
environment.
Article 120
All leases of land granted, decided upon or renewed before the
establishment of the Hong Kong Special Administrative Region which
extend beyond 30 June 1997, and all rights in relation to such
leases, shall continue to be recognized and protected under the
law of the Region.
Article 121
As regards all leases of land granted or renewed where the
original leases contain no right of renewal, during the period
from 27 May 1985 to 30 June 1997, which extend beyond 30 June 1997
and expire not later than 30 June 2047, the lessee is not required
to pay an additional premium as from 1 July 1997, but an annual
rent equivalent to 3 per cent of the rateable value of the
property at that date, adjusted in step with any changes in the
rateable value thereafter, shall be charged.
Article 122
In the case of old schedule lots, village lots, small houses and
similar rural holdings, where the property was on 30 June 1984
held by, or, in the case of small houses granted after that date,
where the property is granted to, a lessee descended through the
male line from a person who was in 1898 a resident of an
established village in Hong Kong, the previous rent shall remain
unchanged so long as the property is held by that lessee or by one
of his lawful successors in the male line.
Article 123
Where leases of land without a right of renewal expire after the
establishment of the Hong Kong Special Administrative Region, they
shall be dealt with in accordance with laws and policies
formulated by the Region on its own.
Article 124
(1) The Hong Kong Special Administrative Region shall maintain
Hong Kong's previous systems of shipping management and shipping
regulation, including the system for regulating conditions of
seamen.
(2) The Government of the Hong Kong Special Administrative Region
shall, on its own, define its specific functions and
responsibilities in respect of shipping.
Article 125
The Hong Kong Special Administrative Region shall be authorized by
the Central People's Government to continue to maintain a shipping
register and issue related certificates under its legislation,
using the name "Hong Kong, China".
Article 126
With the exception of foreign warships, access for which requires
the special permission of the Central People's Government, ships
shall enjoy access to the ports of the Hong Kong Special
Administrative Region in accordance with the laws of the Region.
Article 127
Private shipping businesses and shipping-related businesses and
private container terminals in the Hong Kong Special
Administrative Region may continue to operate freely.
Article 128
The Government of the Hong Kong Special Administrative Region
shall provide conditions and take measures for the maintenance of
the status of Hong Kong as a centre of international and regional
aviation.
Article 129
(1) The Hong Kong Special Administrative Region shall continue the
previous system of civil aviation management in Hong Kong and keep
its own aircraft register in accordance with provisions laid down
by the Central People's Government concerning nationality marks
and registration marks of aircraft.
(2) Access of foreign state aircraft to the Hong Kong Special
Administrative Region shall require the special permission of the
Central People's Government.
Article 130
The Hong Kong Special Administrative Region shall be responsible
on its own for matters of routine business and technical
management of civil aviation, including the management of
airports, the provision of air traffic services within the flight
information region of the Hong Kong Special Administrative Region,
and the discharge of other responsibilities allocated to it under
the regional air navigation procedures of the International Civil
Aviation Organization.
Article 131
The Central People's Government shall, in consultation with the
Government of the Hong Kong Special Administrative Region, make
arrangements providing air services between the Region and other
parts of the People's Republic of China for airlines incorporated
in the Hong Kong Special Administrative Region and having their
principal place of business in Hong Kong and other airlines of the
People's Republic of China.
Article 132
(1) All air service agreements providing air services between
other parts of the People's Republic of China and other states and
regions with stops at the Hong Kong Special Administrative Region
and air services between the Hong Kong Special Administrative
Region and other states and regions with stops at other parts of
the People's Republic of China shall be concluded by the Central
People's Government.
(2) In concluding the air service agreements referred to
in Paragraph (1), the Central People's Government shall take
account of the special conditions and economic interests of the
Hong Kong Special Administrative Region and consult the government
of the Region.
(3) Representatives of the Government of the Hong Kong Special
Administrative Region may, as members of the delegations of the
Government of the People's Republic of China, participate in air
service consultations conducted by the Central People's Government
with foreign governments concerning arrangements for such services
referred to in Paragraph (1).
Article 133
(1) Acting under specific authorizations from the Central People's
Government, the Government of the Hong Kong Special Administrative
Region may:
1) renew or amend air service agreements and arrangements
previously in force;
2) negotiate and conclude new air service agreements providing
routes for airlines incorporated in the Hong Kong Special
Administrative Region and having their principal place of business
in Hong Kong and providing rights for over-flights and technical
stops; and
3) negotiate and conclude provisional arrangements with foreign
states or regions with which no air service agreements have been
concluded.
(2) All scheduled air services to, from or through Hong Kong,
which do not operate to, from or through the mainland of China
shall be regulated by the air service agreements or provisional
arrangements referred to in this article.
Article 134
The Central People's Government shall give the Government of the
Hong Kong Special Administrative Region the authority to:
1) negotiate and conclude with other authorities all arrangements
concerning the implementation of the air service agreements and
provisional arrangements referred to in Article 133 of this
Law;
2) issue licences to airlines incorporated in the Hong Kong
Special Administrative Region and having their principal place of
business in Hong Kong;
3) designate such airlines under the air service agreements and
provisional arrangements referred to in Article 133 of this Law;
and
4) issue permits to foreign airlines for services other than those
to, from or through the mainland of China.
Article 135
Airlines incorporated and having their principal place of business
in Hong Kong and businesses related to civil aviation functioning
there prior to the establishment of the Hong Kong Special
Administrative Region may continue to operate.
Article 136
(1) On the basis of the previous educational system, the
Government of the Hong Kong Special Administrative Region shall,
on its own, formulate policies on the development and improvement
of education, including policies regarding the educational system
and its administration, the language of instruction, the
allocation of funds, the examination system, the system of
academic awards and the recognition of educational qualifications.
(2) Community organizations and individuals may, in accordance
with law, run educational undertakings of various kinds in the
Hong Kong Special Administrative Region.
Article 137
(1) Educational institutions of all kinds may retain their
autonomy and enjoy academic freedom. They may continue to recruit
staff and use teaching materials from outside the Hong Kong
Special Administrative Region. Schools run by religious
organizations may continue to provide religious education,
including courses in religion.
(2) Students shall enjoy freedom of choice of educational
institutions and freedom to pursue their education outside the
Hong Kong Special Administrative Region.
Article 138
The Government of the Hong Kong Special Administrative Region
shall, on its own, formulate policies to develop Western and
traditional Chinese medicine and to improve medical and health
services. Community organizations and individuals may provide
various medical and health services in accordance with law
Article 139
(1) The Government of the Hong Kong Special Administrative Region
shall, on its own, formulate policies on science and technology
and protect by law achievements in scientific and technological
research, patents, discoveries and inventions.
(2) The Government of the Hong Kong Special Administrative Region
shall, on its own, decide on the scientific and technological
standards and specifications applicable in Hong Kong.
Article 140
The Government of the Hong Kong Special Administrative Region
shall, on its own, formulate policies on culture and protect by
law the achievements and the lawful rights and interests of
authors in their literary and artistic creation.
Article 141
(1) The Government of the Hong Kong Special Administrative Region
shall not restrict the freedom of religious belief, interfere in
the internal affairs of religious organizations or restrict
religious activities which do not contravene the laws of the
Region.
(2) Religious organizations shall, in accordance with law, enjoy
the rights to acquire, use, dispose of and inherit property and
the right to receive financial assistance. Their previous
property rights and interests shall be maintained and protected.
(3) Religious organizations may, according to their previous
practice, continue to run seminaries and other schools, hospitals
and welfare institutions and to provide other social services.
(4) Religious organizations and believers in the Hong Kong Special
Administrative Region may maintain and develop their relations
with religious organizations and believers elsewhere.
Article 142
(1) The Government of the Hong Kong Special Administrative Region
shall, on the basis of maintaining the previous systems concerning
the professions, formulate provisions on its own for assessing the
qualifications for practice in the various professions.
(2) Persons with professional qualifications or qualifications for
professional practice obtained prior to the establishment of the
Hong Kong Special Administrative Region may retain their previous
qualifications in accordance with the relevant regulations and
codes of practice.
(3) The Government of the Hong Kong Special Administrative Region
shall continue to recognize the professions and the professional
organizations recognized prior to the establishment of the Region,
and these organizations may, on their own, assess and confer
professional qualifications.
(4) The Government of the Hong Kong Special Administrative Region
may, as required by developments in society and in consultation
with the parties concerned, recognize new professions and
professional organizations.
Article 143
The Government of the Hong Kong Special Administrative Region
shall, on its own, formulate policies on sports. Non-governmental
sports organizations may continue to exist and develop in
accordance with law.
Article 144
The Government of the Hong Kong Special Administrative Region
shall maintain the policy previously practised in Hong Kong in
respect of subventions for non-governmental organizations in
fields such as education, medicine and health, culture, art,
recreation, sports, social welfare and social work. Staff members
previously serving in subvented organizations in Hong Kong may
remain in their employment in accordance with the previous system.
Article 145
On the basis of the previous social welfare system, the Government
of the Hong Kong Special Administrative Region shall, on its own,
formulate policies on the development and improvement of this
system in the light of the economic conditions and social needs.
Article 146
Voluntary organizations providing social services in the Hong Kong
Special Administrative Region may, on their own, decide their
forms of service, provided that the law is not contravened.
Article 147
The Hong Kong Special Administrative Region shall on its own
formulate laws and policies relating to labour.
Article 148
The relationship between non-governmental organizations in fields
such as education, science, technology, culture, art, sports, the
professions, medicine and health, labour, social welfare and
social work as well as religious organizations in the Hong Kong
Special Administrative Region and their counterparts on the
mainland shall be based on the principles of non-subordination,
non-interference and mutual respect.
Article 149
Non-governmental organizations in fields such as education,
science, technology, culture, art, sports, the professions,
medicine and health, labour, social welfare and social work as
well as religious organizations in the Hong Kong Special
Administrative Region may maintain and develop relations with
their counterparts in foreign countries and regions and with
relevant international organizations. They may, as required, use
the name "Hong Kong, China" in the relevant activities.
Article 150
Representatives of the Government of the Hong Kong Special
Administrative Region may, as members of delegations of the
Government of the People's Republic of China, participate in
negotiations at the diplomatic level directly affecting the Region
conducted by the Central People's Government.
Article 151
The Hong Kong Special Administrative Region may on its own, using
the name "Hong Kong, China", maintain and develop relations and
conclude and implement agreements with foreign states and regions
and relevant international organizations in the appropriate
fields, including the economic, trade, financial and monetary,
shipping, communications, tourism, cultural and sports fields.
Article 152
(1) Representatives of the Government of the Hong Kong Special
Administrative Region may, as members of delegations of the
People's Republic of China, participate in international
organizations or conferences in appropriate fields limited to
states and affecting the Region, or may attend in such other
capacity as may be permitted by the Central People's Government
and the international organization or conference concerned, and
may express their views, using the name "Hong Kong, China".
(2) The Hong Kong Special Administrative Region may, using the
name "Hong Kong, China", participate in international
organizations and conferences not limited to states.
(3) The Central People's Government shall take the necessary steps
to ensure that the Hong Kong Special Administrative Region shall
continue to retain its status in an appropriate capacity in those
international organizations of which the People's Republic of
China is a member and in which Hong Kong participates in one
capacity or another.
(4) The Central People's Government shall, where necessary,
facilitate the continued participation of the Hong Kong Special
Administrative Region in an appropriate capacity in those
international organizations in which Hong Kong is a participant in
one capacity or another, but of which the People's Republic of
China is not a member.
Article 153
(1) The application to the Hong Kong Special Administrative Region
of international agreements to which the People's Republic of
China is or becomes a party shall be decided by the Central
People's Government, in accordance with the circumstances and
needs of the Region, and after seeking the views of the government
of the Region.
(2) International agreements to which the People's Republic of
China is not a party but which are implemented in Hong Kong may
continue to be implemented in the Hong Kong Special Administrative
Region. The Central People's Government shall, as necessary,
authorize or assist the government of the Region to make
appropriate arrangements for the application to the Region of
other relevant international agreements.
Article 154
(1) The Central People's Government shall authorize the Government
of the Hong Kong Special Administrative Region to issue, in
accordance with law, passports of the Hong Kong Special
Administrative Region of the People's Republic of China to all
Chinese citizens who hold permanent identity cards of the Region,
and travel documents of the Hong Kong Special Administrative
Region of the People's Republic of China to all other persons
lawfully residing in the Region. The above passports and
documents shall be valid for all states and regions and shall
record the holder's right to return to the Region.
(2) The Government of the Hong Kong Special Administrative Region
may apply immigration controls on entry into, stay in and
departure from the Region by persons from foreign states and
regions.
Article 155
The Central People's Government shall assist or authorize the
Government of the Hong Kong Special Administrative Region to
conclude visa abolition agreements with foreign states or regions.
Article 156
The Hong Kong Special Administrative Region may, as necessary,
establish official or semi-official economic and trade missions in
foreign countries and shall report the establishment of such
missions to the Central People's Government for the record.
Article 157
(1) The establishment of foreign consular and other official or
semi- official missions in the Hong Kong Special Administrative
Region shall require the approval of the Central People's
Government.
(2) Consular and other official missions established in Hong Kong
by states which have formal diplomatic relations with the People's
Republic of China may be maintained.
(3) According to the circumstances of each case, consular and
other official missions established in Hong Kong by states which
have no formal diplomatic relations with the People's Republic of
China may be permitted either to remain or be changed to
semi-official missions. States not recognized by the People's
Republic of China may only establish non-governmental institutions
in the Region.
Article 158
(1) The power of interpretation of this Law shall be vested in the
Standing Committee of the National People's Congress.
(2) The Standing Committee of the National People's Congress shall
authorize the courts of the Hong Kong Special Administrative
Region to interpret on their own, in adjudicating cases, the
provisions of this Law which are within the limits of the autonomy
of the Region.
(3) The courts of the Hong Kong Special Administrative Region may
also interpret other provisions of this Law in adjudicating cases.
However, if the courts of the Region, in adjudicating cases, need
to interpret the provisions of this Law concerning affairs which
are the responsibility of the Central People's Government, or
concerning the relationship between the Central Authorities and
the Region, and if such interpretation will affect the judgments
on the cases, the courts of the Region shall, before making their
final judgments which are not appealable, seek an interpretation
of the relevant provisions from the Standing Committee of the
National People's Congress through the Court of Final Appeal of
the Region. When the Standing Committee makes an interpretation
of the provisions concerned, the courts of the Region, in applying
those provisions, shall follow the interpretation of the Standing
Committee. However, judgments previously rendered shall not be
affected.
(4) The Standing Committee of the National People's Congress shall
consult its Committee for the Basic Law of the Hong Kong Special
Administrative Region before giving an interpretation of this Law.
Article 159
(1) The power of amendment of this Law shall be vested in the
National People's Congress.
(2) The power to propose bills for amendments to this Law shall be
vested in the Standing Committee of the National People's
Congress, the State Council and the Hong Kong Special
Administrative Region. Amendment bills from the Hong Kong Special
Administrative Region shall be submitted to the National People's
Congress by the delegation of the Region to the National People's
Congress after obtaining the consent of two-thirds of the deputies
of the Region to the National People's Congress, two-thirds of all
the members of the Legislative Council of the Region, and the
Chief Executive of the Region.
(3) Before a bill for amendment to this Law is put on the agenda
of the National People's Congress, the Committee for the Basic Law
of the Hong Kong Special Administrative Region shall study it and
submit its views. No amendment to this Law shall contravene the
established basic policies of the People's Republic of China
regarding Hong Kong.
Article 160
(1) Upon the establishment of the Hong Kong Special Administrative
Region, the laws previously in force in Hong Kong shall be adopted
as laws of the Region except for those which the Standing
Committee of the National People's Congress declares to be in
contravention of this Law. If any laws are later discovered to be
in contravention of this Law, they shall be amended or cease to
have force in accordance with the procedure as prescribed by this
Law.
(2) Documents, certificates, contracts, and rights and obligations
valid under the laws previously in force in Hong Kong shall
continue to be valid and be recognized and protected by the Hong
Kong Special Administrative Region, provided that they do not
contravene this Law.