Adopted on: ۴ April ۱۹۹۰
Effective since: ۱ July ۱۹۹۷
Preamble
Hong Kong has been part of the territory of China since ancient times; it
was occupied by Britain after the Opium War in ۱۸۴۰. On ۱۹ December ۱۹۸۴٫ 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 ۱ July
۱۹۹۷٫ 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 ۳۱ 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 I General Principles
Article ۱
The Hong Kong Special Administrative Region is an inalienable part of the
People''s Republic of China.
Article ۲
The National People''s Congress authorizes the Hong Kong Special
Administrative Region to exercise a high degree of autonomy and enjoy
execcccutive٫ legislative and independent judicial power٫ including that of
final adjudication٫ in accordance with the provisions of this Law.
Article ۳
The execcccutive 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 ۴
The 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 ۵
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 ۵۰ years.
Article ۶
The Hong Kong Special Administrative Region shall protect the right of private
ownership of property in accordance with law.
Article ۷
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 ۸
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 ۹
In addition to the Chinese language٫ English may also be used as an official
language by the execcccutive authorities٫ legislature and judiciary of the
Hong Kong Special Administrative Region.
Article ۱۰
(۱) 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.
(۲) The regional flag of the Hong Kong Special Administrative Region is a red
flag with a bauhinia highlighted by five star-tipped stamens.
(۳) 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 ۱۱
(۱) In accordance with Article ۳۱ 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
execcccutive٫ legislative and judicial systems٫ and the relevant policies٫
shall be based on the provisions of this Law.
(۲) No law enacted by the legislature of the Hong Kong Special Administrative
Region shall contravene this Law.
Chapter II Relationship between the Central Authorities and the Hong Kong
Special Administrative Region
Article ۱۲
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 ۱۳
(۱) The Central People''s Government shall be responsible for the foreign
affairs relating to the Hong Kong Special Administrative Region.
(۲) The Ministry of Foreign Affairs of the People''s Republic of China shall
establish an office in Hong Kong to deal with foreign affairs.
(۳) 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 ۱۴
(۱) The Central People''s Government shall be responsible for the defence of
the Hong Kong Special Administrative Region.
(۲) The Government of the Hong Kong Special Administrative Region shall be
responsible for the maintenance of public order in the Region.
(۳) 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.
(۴) In addition to abiding by national laws٫ members of the garrison shall
abide by the laws of the Hong Kong Special Administrative Region.
(۵) Expenditure for the garrison shall be borne by the Central People''s
Government.
Article ۱۵
The Central People''s Government shall appoint the Chief execcccutive and
the principal officials of the execcccutive authorities of the Hong Kong
Special Administrative Region in accordance with the provisions of Chapter IV
of this Law.
Article ۱۶
The Hong Kong Special Administrative Region shall be vested with execcccutive
power. It shall٫ on its own٫ conduct the administrative affairs of the Region
in accordance with the relevant provisions of this Law.
Article ۱۷
(۱) The Hong Kong Special Administrative Region shall be vested with
legislative power.
(۲) 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.
(۳) 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 ۱۸
(۱) 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
۸ 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.
(۲) The Standing Committee of the National People''s Congress may add to or
deleteeee 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.
(۳) 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 ۱۹
(۱) The Hong Kong Special Administrative Region shall be vested with
independent judicial power٫ including that of final adjudication.
(۲) 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.
(۳) 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 execcccutive 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
execcccutive shall obtain a certifying document from the Central People''s
Government.
Article ۲۰
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 ۲۱
(۱) 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.
(۲) In accordance with the assigned number of seats and the selecttttion
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 ۲۲
(۱) 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.
(۲) 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.
(۳) 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.
(۴) 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.
(۵) The Hong Kong Special Administrative Region may establish an office in
Beijing.
Article ۲۳
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.
Chapter III Fundamental Rights and Duties of the Residents
Article ۲۴ [Citizenship]
(۱) Residents of the Hong Kong Special Administrative Region ("Hong Kong
residents") shall include permanent residents and non-permanent residents.
(۲) The permanent residents of the Hong Kong Special Administrative Region
shall be:
۱) Chinese citizens born in Hong Kong before or after the establishment of the
Hong Kong Special Administrative Region;
۲) 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;
۳) Persons of Chinese nationality born outside Hong Kong of those residents
listed in categories ۱) and ۲);
۴) 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;
۵) Persons under ۲۱ years of age born in Hong Kong of those residents listed in
category ۴) before or after the establishment
of the Hong Kong Special Administrative Region; and
۶) Persons other than those residents listed in categories ۱) to ۵)٫ who٫
before the establishment of the Hong Kong Special Administrative Region٫ had
the right of abode in Hong Kong only.
(۳) 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.
(۴) 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 ۲۵ [Equality]
All Hong Kong residents shall be equal before the law.
Article ۲۶ [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 ۲۷ [Freedom 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 unionnnns٫
and to strike.
Article ۲۸ [Personal Freedom]
(۱) The freedom of the person of Hong Kong residents shall be inviolable.
(۲) 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 ۲۹ [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 ۳۰ [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 ۳۱ [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 ۳۲ [Religion]
(۱) Hong Kong residents shall have freedom of conscience.
(۲) Hong Kong residents shall have freedom of religious belief and freedom to
preach and to conduct and participate in religious activities in public.
Article ۳۳ [Work]
Hong Kong residents shall have freedom of choice of occupation.
Article ۳۴ [Research]
Hong Kong residents shall have freedom to engage in academic research٫ literary
and artistic creation٫ and other cultural activities.
Article ۳۵ [Legal Remedies]
(۱) 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.
(۲) Hong Kong residents shall have the right to institute legal proceedings in
the courts against the acts of the execcccutive authorities and their
personnel.
Article ۳۶ [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 ۳۷ [Marriage]
The freedom of marriage of Hong Kong residents and their right to raise a
family freely shall be protected by law.
Article ۳۸ [Other Freedoms]
Hong Kong residents shall enjoy the other rights and freedoms safeguarded by
the laws of the Hong Kong Special Administrative Region.
Article ۳۹ [International Covenants]
(۱) 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.
(۲) 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 (۱).
Article ۴۰ [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 ۴۱ [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 ۴۲ [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.
Chapter IV Political Structure
Section ۱ The Chief execcccutive
Article ۴۳
(۱) The Chief execcccutive of the Hong Kong Special Administrative Region
shall be the head of the Hong Kong Special Administrative Region and shall
represent the Region.
(۲) The Chief execcccutive 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 ۴۴
The Chief execcccutive of the Hong Kong Special Administrative Region shall be
a Chinese citizen of not less than ۴۰ 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 ۲۰ years.
Article ۴۵
(۱) The Chief execcccutive of the Hong Kong Special Administrative Region
shall be selectttted by election or through consultations held locally and be
appointed by the Central People''s Government.
(۲) The method for selectttting the Chief execcccutive 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 selecttttion of the Chief execcccutive by universal
suffrage upon nomination by a broadly representative nominating committee in
accordance with democratic procedures.
(۳) The specific method for selectttting the Chief execcccutive is prescribed
in Annex I: "Method for the selecttttion of the Chief execcccutive of the
Hong Kong Special Administrative Region".
Article ۴۶
The term of office of the Chief execcccutive of the Hong Kong Special
Administrative Region shall be five years. He or she may serve for not more
than two consecutive terms.
Article ۴۷
(۱) The Chief execcccutive of the Hong Kong Special Administrative Region must
be a person of integrity٫ dedicated to his or her duties.
(۲) The Chief execcccutive٫ 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 ۴۸
(۱) The Chief execcccutive of the Hong Kong Special Administrative Region
shall exercise the following powers and functions:
۱) To lead the government of the Region;
۲) 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;
۳) 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;
۴) To decide on government policies and to issue execcccutive orders;
۵) 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;
۶) To appoint or remove judges of the courts at all levels in accordance with
legal procedures;
۷) To appoint or remove holders of public office in accordance with legal
procedures;
۸) To implement the directives issued by the Central People''s Government in
respect of the relevant matters provided for in this Law;
۹) 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;
۱۰) To approve the introduction of motions regarding revenues or expenditure to
the Legislative Council;
۱۱) To decide٫ in the light of security and vital public interests٫ whether
government officials or other personnel in charrrrge of government affairs
should testify or give evidence before the Legislative Council or its
committees;
۱۲) To pardon persons convicted of criminal offences or commute their
penalties; and
۱۳) To handle petitions and complaints.
Article ۴۹
If the Chief execcccutive 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 execcccutive must sign and promulgate it within one
month٫ or act in accordance with the provisions of Article ۵۰ of this Law.
Article ۵۰
(۱) If the Chief execcccutive 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 execcccutive may dissolve the Legislative Council.
(۲) The Chief execcccutive must consult the execcccutive Council before
dissolving the Legislative Council. The Chief execcccutive may dissolve the
Legislative Council only once in each term of his or her office.
Article ۵۱
If the Legislative Council of the Hong Kong Special Administrative Region
refuses to pass the budget introduced by the government٫ the Chief
execcccutive 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 execcccutive 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 ۵۲
The Chief execcccutive of the Hong Kong Special Administrative Region must
resign under any of the following circumstances:
۱) When he or she loses the ability to discharrrrge his or her duties as a
result of serious illness or other reasons;
۲) 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
۳) 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 ۵۳
(۱) If the Chief execcccutive of the Hong Kong Special Administrative Region
is not able to discharrrrge 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.
(۲) In the event that the office of Chief execcccutive becomes vacant٫ a new
Chief execcccutive shall be selectttted within six months in accordance with
the provisions of Article ۴۵ of this Law. During the period of vacancy٫ his or
her duties shall be assumed according to the provisions of Paragraph (۱).
Article ۵۴
The execcccutive Council of the Hong Kong Special Administrative Region shall
be an organ for assisting the Chief execcccutive in policy- making.
Article ۵۵
(۱) Members of the execcccutive Council of the Hong Kong Special
Administrative Region shall be appointed by the Chief execcccutive from among
the principal officials of the execcccutive authorities٫ members of the
Legislative Council and public figures. Their appointment or removal shall be
decided by the Chief execcccutive. The term of office of members of the
execcccutive Council shall not extend beyond the expiry of the term of office
of the Chief execcccutive who appoints them.
(۲) Members of the execcccutive 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.
(۳) The Chief execcccutive may٫ as he or she deems necessary٫ invite other
persons concerned to sit in on meetings of the Council.
Article ۵۶
(۱) The execcccutive Council of the Hong Kong Special Administrative Region
shall be presided over by the Chief execcccutive.
(۲) Except for the appointment٫ removal and disciplining of officials and the
adoption of measures in emergencies٫ the Chief execcccutive shall consult the
execcccutive Council before making important policy decisions٫ introducing
bills to the Legislative Council٫ making subordinate legislation٫ or dissolving
the Legislative Council.
(۳) If the Chief execcccutive does not accept a majority opinion of the
execcccutive Council٫ he or she shall put the specific reasons on record.
Article ۵۷
A Commission Against Corruption shall be established in the Hong Kong Special
Administrative Region. It shall function independently and be accountable to
the Chief execcccutive.
Article ۵۸
A Commission of Audit shall be established in the Hong Kong Special
Administrative Region. It shall function independently and be accountable to
the Chief execcccutive.
Section ۲ The execcccutive Authorities
Article ۵۹
The Government of the Hong Kong Special Administrative Region shall be the
execcccutive authorities of the Region.
Article ۶۰
(۱) The head of the Government of the Hong Kong Special Administrative Region
shall be the Chief execcccutive of the Region.
(۲) 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 ۶۱
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 ۱۵ years.
Article ۶۲
The Government of the Hong Kong Special Administrative Region shall exercise
the following powers and functions:
۱) To formulate and implement policies;
۲) To conduct administrative affairs;
۳) To conduct external affairs as authorized by the Central People''s
Government under this Law;
۴) To draw up and introduce budgets and final accounts;
۵) To draft and introduce bills٫ motions and subordinate legislation; and
۶) To designate officials to sit in on the meetings of the Legislative Council
and to speak on behalf of the government.
Article ۶۳
The Department of Justice of the Hong Kong Special Administrative Region shall
control criminal prosecutions٫ free from any interference.
Article ۶۴
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 ۶۵
The previous system of establishing advisory bodies by the execcccutive
authorities shall be maintained.
Section ۳ The Legislature
Article ۶۶
The Legislative Council of the Hong Kong Special Administrative Region shall be
the legislature of the Region.
Article ۶۷
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 ۲۰ per
cent of the total membership of the Council.
Article ۶۸
(۱) The Legislative Council of the Hong Kong Special Administrative Region
shall be constituted by election.
(۲) 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.
(۳) 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 ۶۹
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 ۷۰
If the Legislative Council of the Hong Kong Special Administrative Region is
dissolved by the Chief execcccutive in accordance with the provisions of this
Law٫ it must٫ within three months٫ be reconstituted by election in accordance
with Article ۶۸ of this Law.
Article ۷۱
(۱) 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.
(۲) The President of the Legislative Council of the Hong Kong Special
Administrative Region shall be a Chinese citizen of not less than ۴۰ 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 ۲۰ years.
Article ۷۲
The President of the Legislative Council of the Hong Kong Special
Administrative Region shall exercise the following powers and functions:
۱) To preside over meetings;
۲) To decide on the agenda٫ giving priority to government bills for inclusion
in the agenda;
۳) To decide on the time of meetings;
۴) To call special sessions during the recess;
۵) To call emergency sessions on the request of the Chief execcccutive;
and
۶) To exercise other powers and functions as prescribed in the rules of
procedure of the Legislative Council.
Article ۷۳
The Legislative Council of the Hong Kong Special Administrative Region shall
exercise the following powers and functions:
۱) To enact٫ amend or repeal laws in accordance with the provisions of this Law
and legal procedures;
۲) To examine and approve budgets introduced by the government; ۳) To
approve taxation and public expenditure;
۴) To receive and debate the policy addresses of the Chief execcccutive;
۵) To raise questions on the work of the government;
۶) To debate any issue concerning public interests;
۷) To endorse the appointment and removal of the judges of the Court of Final
Appeal and the Chief Judge of the High Court;
۸) To receive and handle complaints from Hong Kong residents;
۹) If a motion initiated jointly by one-fourth of all the members of the
Legislative Council charrrrges the Chief execcccutive 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 charrrrges٫ 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
۱۰) To summon٫ as required when exercising the above-mentioned powers and
functions٫ persons concerned to testify or give evidence.
Article ۷۴
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
execcccutive shall be required before bills relating to government policies
are introduced.
Article ۷۵
(۱) 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.
(۲) 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 ۷۶
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 execcccutive.
Article ۷۷
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 ۷۸
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 ۷۹
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:
۱) When he or she loses the ability to discharrrrge his or her duties as a
result of serious illness or other reasons;
۲) 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;
۳) When he or she loses or renounces his or her status as a permanent resident
of the Region;
۴) When he or she accepts a government appointment and becomes a public
servant;
۵) When he or she is bankrupt or fails to comply with a court order to repay
debts;
۶) 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
۷) 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 ۴ The Judiciary
Article ۸۰
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 ۸۱
(۱) 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.
(۲) 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 ۸۲
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 ۸۳
The structure٫ powers and functions of the courts of the Hong Kong Special
Administrative Region at all levels shall be prescribed by
law.
Article ۸۴
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 ۱۸ of this Law and may refer to precedents of other common law
jurisdictions.
Article ۸۵
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 ۸۶
The principle of trial by jury previously practised in Hong Kong shall be
maintained.
Article ۸۷
(۱) 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.
(۲) 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 ۸۸
Judges of the courts of the Hong Kong Special Administrative Region shall be
appointed by the Chief execcccutive on the recommendation of an independent
commission composed of local judges٫ persons from the legal profession and
eminent persons from other sectors.
Article ۸۹
(۱) A judge of a court of the Hong Kong Special Administrative Region may only
be removed for inability to discharrrrge his or her duties٫ or for
misbehaviour٫ by the Chief execcccutive 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.
(۲) The Chief Justice of the Court of Final Appeal of the Hong Kong Special
Administrative Region may be investigated only for inability to discharrrrge
his or her duties٫ or for misbehaviour٫ by a tribunal appointed by the Chief
execcccutive and consisting of not fewer than five local judges and may be
removed by the Chief execcccutive on the recommendation of the tribunal and in
accordance with the procedures prescribed in this Law.
Article ۹۰
(۱) 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.
(۲) 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 execcccutive shall٫ in addition to following
the procedures prescribed in Articles ۸۸ and ۸۹ 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 ۹۱
The Hong Kong Special Administrative Region shall maintain the previous system
of appointment and removal of members of the judiciary other than judges.
Article ۹۲
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 ۹۳
(۱) 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.
(۲) 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 ۹۴
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 ۹۵
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 ۹۶
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.
Section ۵ District Organizations
Article ۹۷
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 on district administration and other affairs٫ or
to be responsible for providing services in such fields as culture٫ recreation
and environmental sanitation.
Article ۹۸
The powers and functions of the district organizations and the method for their
formation shall be prescribed by law.
Section ۶ Public Servants
Article ۹۹
(۱) 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 ۱۰۱ of this Law regarding public
servants of foreign nationalities and except for those below a certain rank as
prescribed by law.
(۲) Public servants must be dedicated to their duties and be responsible to the
Government of the Hong Kong Special Administrative Region.
Article ۱۰۰
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 ۱۰۱
(۱) 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.
(۲) 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 ۱۰۲
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 ۱۰۳
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 ۱۰۴
When assuming office٫ the Chief execcccutive٫ principal officials٫ members of
the execcccutive 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 V Economy
Section ۱ Public Finance٫ Monetary Affairs٫ Trade٫ Industry and Commerce
Article ۱۰۵
(۱) 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.
(۲) 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.
(۳) The ownership of enterprises and the investments from outside the Region
shall be protected by law.
Article ۱۰۶
(۱) The Hong Kong Special Administrative Region shall have independent
finances.
(۲) 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.
(۳) The Central People''s Government shall not levy taxes in the Hong Kong
Special Administrative Region.
Article ۱۰۷
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 ۱۰۸
(۱) The Hong Kong Special Administrative Region shall practise an independent
taxation system.
(۲) 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 ۱۰۹
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 ۱۱۰
(۱) The monetary and financial systems of the Hong Kong Special Administrative
Region shall be prescribed by law.
(۲) 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 ۱۱۱
(۱) The Hong Kong dollar٫ as the legal tender in the Hong Kong Special
Administrative Region٫ shall continue to circulate.
(۲) 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 ۱۰۰ per cent reserve fund. The system regarding the issue
of Hong Kong currency and the reserve fund system shall be prescribed by law.
(۳) 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
objectttt of maintaining the stability of the currency.
Article ۱۱۲
(۱) 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.
(۲) The Government of the Hong Kong Special Administrative Region shall
safeguard the free flow of capital within٫ into and out of the Region.
Article ۱۱۳
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 ۱۱۴
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 ۱۱۵
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 ۱۱۶
(۱) The Hong Kong Special Administrative Region shall be a separate customs
territory.
(۲) 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.
(۳) 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 ۱۱۷
The Hong Kong Special Administrative Region may issue its own certificates of
origin for products in accordance with prevailing rules of origin.
Article ۱۱۸
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 ۱۱۹
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.
Section ۲ Land Leases
Article ۱۲۰
All leases of land granted٫ decided upon or renewed before the establishment of
the Hong Kong Special Administrative Region which extend beyond ۳۰ June ۱۹۹۷٫
and all rights in relation to such leases٫ shall continue to be recognized and
protected under the law of the Region.
Article ۱۲۱
As regards all leases of land granted or renewed where the original leases
contain no right of renewal٫ during the period from ۲۷ May ۱۹۸۵ to ۳۰ June
۱۹۹۷٫ which extend beyond ۳۰ June ۱۹۹۷ and expire not later than ۳۰ June ۲۰۴۷٫
the lessee is not required to pay an additional premium as from ۱ July ۱۹۹۷٫
but an annual rent equivalent to ۳ 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 charrrrged.
Article ۱۲۲
In the case of old schedule lots٫ village lots٫ small houses and similar rural
holdings٫ where the property was on ۳۰ June ۱۹۸۴ 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 ۱۸۹۸ 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 ۱۲۳
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.
Section ۳ Shipping
Article ۱۲۴
(۱) 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.
(۲) The Government of the Hong Kong Special Administrative Region shall٫ on its
own٫ define its specific functions and responsibilities in respect of shipping.
Article ۱۲۵
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 ۱۲۶
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 ۱۲۷
Private shipping businesses and shipping-related businesses and private
container terminals in the Hong Kong Special Administrative Region may continue
to operate freely.
Section ۴ Civil Aviation
Article ۱۲۸
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 ۱۲۹
(۱) 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.
(۲) Access of foreign state aircraft to the Hong Kong Special Administrative
Region shall require the special permission of the Central People''s
Government.
Article ۱۳۰
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 discharrrrge of other responsibilities allocated to it under
the regional air navigation procedures of the International Civil Aviation
Organization.
Article ۱۳۱
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 havingggg their principal place of business in Hong Kong and other
airlines of the People''s Republic of China.
Article ۱۳۲
(۱) 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.
(۲) In concluding the air service agreements referred to in Paragraph (۱)٫ 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.
(۳) 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 (۱).
Article ۱۳۳
(۱) Acting under specific authorizations from the Central People''s
Government٫ the Government of the Hong Kong Special Administrative Region may:
۱) renew or amend air service agreements and arrangements previously in force;
۲) negotiate and conclude new air service agreements providing routes for
airlines incorporated in the Hong Kong Special Administrative Region and
havingggg their principal place of business in Hong Kong and providing rights
for over-flights and technical stops; and
۳) negotiate and conclude provisional arrangements with foreign states or
regions with which no air service agreements have been concluded.
(۲) 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 ۱۳۴
The Central People''s Government shall give the Government of the Hong Kong
Special Administrative Region the authority to: ۱) negotiate and conclude with
other authorities all arrangements concerning the implementation of the air
service agreements and provisional arrangements referred to in Article ۱۳۳ of
this Law;
۲) issue licences to airlines incorporated in the Hong Kong Special
Administrative Region and havingggg their principal place of business in Hong
Kong; ۳) designate such airlines under the air service agreements and
provisional arrangements referred to in Article ۱۳۳ of this Law; and ۴)
issue permits to foreign airlines for services other than those to٫ from or
through the mainland of China.
Article ۱۳۵
Airlines incorporated and havingggg 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 VI Education٫ Science٫ Culture٫ Sports٫ Religion٫ Labour and Social
Service
Article ۱۳۶
(۱) 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.
(۲) Community organizations and individuals may٫ in accordance with law٫ run
educational undertakings of various kinds in the
Hong Kong Special Administrative Region.
Article ۱۳۷
(۱) 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.
(۲) Students shall enjoy freedom of choice of educational institutions and
freedom to pursue their education outside the Hong Kong Special Administrative
Region.
Article ۱۳۸
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 ۱۳۹
(۱) 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.
(۲) 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 ۱۴۰
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 ۱۴۱
(۱) 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.
(۲) 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.
(۳) 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.
(۴) Religious organizations and believers in the Hong Kong Special
Administrative Region may maintain and develop their relations with religious
organizations and believers elsewhere.
Article ۱۴۲
(۱) 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.
(۲) 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.
(۳) 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.
(۴) 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 ۱۴۳
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 ۱۴۴
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 ۱۴۵
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 ۱۴۶
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 ۱۴۷
The Hong Kong Special Administrative Region shall on its own formulate laws and
policies relating to labour.
Article ۱۴۸
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 ۱۴۹
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.
Chapter VII External Affairs
Article ۱۵۰
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 ۱۵۱
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 ۱۵۲
(۱) 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".
(۲) The Hong Kong Special Administrative Region may٫ using the name "Hong Kong٫
China"٫ participate in international organizations and conferences not limited
to states.
(۳) 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.
(۴) 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 ۱۵۳
(۱) 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.
(۲) 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 ۱۵۴
(۱) 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.
(۲) 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 ۱۵۵
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 ۱۵۶
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 ۱۵۷
(۱) 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.
(۲) 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.
(۳) 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 VIII Interpretation and Amendment of the Basic Law
Article ۱۵۸
(۱) The power of interpretation of this Law shall be vested in the Standing
Committee of the National People''s Congress.
(۲) 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.
(۳) 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.
(۴) 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 ۱۵۹
(۱) The power of amendment of this Law shall be vested in the National
People''s Congress.
(۲) 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 execcccutive
of the Region.
(۳) 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 IX Supplementary Provisions
Article ۱۶۰
(۱) 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.
(۲) 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.