This English document is coming from "LAWS AND REGULATIONS OFTHE
PEOPLE'S REPUBLIC OF CHINA GOVERNING FOREIGN-RELATED MATTERS"(1991.7)
which is compiled by the Brueau of Legislative Affairs of theState
Council of the People's Republic of China, and is published by theChina
Legal System PublishingHouse.
In case of discrepancy, theoriginal version in Chinese shall prevail.
Whole Document (法规全文)
THE BASIC LAW OF THE HONG KONGSPECIAL ADMINISTRATIVE REGION OF
THE PEOPLE'S REPUBLIC OFCHINA
(Adopted at the Third Sessionof the Seventh National People's
Congress on April 4, 1990,promulgated by Order No. 26 of the President of
the People's Republic of Chinaon April 4, 1990, and effective as of July
1, 1997)
Preamble
Hong Kong has been part of theterritory of China since ancient times; itwas occupied by Britain after the Opium War in1840. On 19 December 1984,the Chinese and British Governments signed theJoint Declaration on theQuestion of Hong Kong, affirming that the Government of the People'sRepublic of China will resume the exercise ofsovereignty over Hong Kongwith effect from 1 July 1997, thusfulfilling the long-cherished commonaspiration of the Chinese people for therecovery of Hong Kong. Upholdingnational unity and territorial integrity,maintaining the prosperity andstability of Hong Kong, and taking account ofits history and realities,the People's Republic of China has decided thatupon China's resumption ofthe exercise of sovereignty over Hong Kong, a Hong Kong SpecialAdministrative Region will be established in accordance with theprovisions of Article 31 of the Constitution ofthe People's Republic ofChina, and that under the principle of"one country, two systems," thesocialist system and policies will notbe practised in Hong Kong. Thebasic policies of the People's Republic of Chinaregarding Hong Kong havebeen elaborated by the Chinese Government in the Sino-British Joint
Declaration.
In accordance with theConstitution of the People's Republic of China, theNational People's Congress hereby enacts theBasic Law of the Hong KongSpecial Administrative Region of the People's Republic of China,prescribing the systems to be practised in the Hong Kong SpecialAdministrative Region, in order to ensure theimplementation of the basicpolicies of the People's Republic of Chinaregarding Hong Kong.
Chapter I General Principles
Article 1
The Hong Kong SpecialAdministrative Region is an inalienable part of thepeople's Republic of China.
Article 2
The National People's Congress authorizes the Hong Kong SpecialAdministrative Region to exercise ahigh degree of autonomy and enjoyexecutive, legislative and independent judicialpower, including that offinal adjudication, in accordance with theprovisions of this Law.
Article 3
The executive authorities and legislature of the Hong Kong SpecialAdministrative Region shall be composedof permanent residents of HongKong in accordance with the relevant provisionsof this Law.
Article 4
The Hong Kong SpecialAdministrative Region shall safeguard the rights andfreedoms of the residents of the Hong KongSpecial Administrative Regionand of other persons in the Region in accordancewith law.
Article 5
The socialist system andpolicies shall not be practised in the Hong KongSpecial Administrative Region, and the previouscapitalist system and wayof life shall remain unchanged for 50years.
Article 6
The Hong Kong SpecialAdministrative Region shall protect the right ofprivate ownership of property in accordance withlaw.
Article 7
The land and natural resourceswithin the Hong Kong Special AdministrativeRegion shall be State property. The Governmentof the Hong Kong SpecialAdministrative Region shall be responsible fortheir management, use anddevelopment and for their lease or grant toindividuals, legal persons ororganizations for use or development. Therevenues derived therefrom shallbe exclusively at the disposal of the governmentof the Region.
Article 8
The laws previously in force inHong Kong, that is, the common law, rulesof equity, ordinances, subordinate legislationand customary law shall bemaintained, except for any that contravene thisLaw, and subject to anyamendment by the legislature of the Hong Kong Special Administrative
Region.
Article 9
In addition to the Chineselanguage, English may also be used as anofficial language by the executive authorities,legislature and judiciaryof the Hong Kong Special AdministrativeRegion.
Article 10
Apart fromdisplaying the national flag and national emblem of thePeople's Republic of China, the HongKong Special Administrative Regionmay also use a regional flag and regionalemblem.The regional flag of the Hong Kong SpecialAdministrative Region is a redflag with a bauhinia highlighted by fivestar-tipped stamens.The regional emblem of the Hong Kong SpecialAdministrative Region is abauhinia in the centre highlighted by five star-tipped stamens andencircled by the words "Hong KongSpecial Administrative Region of thePeople's Republic of China" in Chinese and "HONGKONG" in English.
Article 11
In accordance with Article 31 ofthe Constitution of the People's Republicof China, the systems and policiespractised in the Hong Kong SpecialAdministrative Region, including the social and economic systems, thesystem for safeguarding the fundamental rights and freedoms of itsresidents, the executive, legislative and judicial systems, and therelevant policies, shall be based on theprovisions of this Law.No law enacted by the legislature of the HongKong Special AdministrativeRegion shall contravene this Law.
Chapter II Relationship Between theCentral Authorities and the HongKong Special Administrative Region
Article 12
The Hong Kong Special Administrative Region shall be a localadministrative region of the People's Republicof China, which shall enjoya high degree of autonomy and comedirectly under the Central People'sGovernment.
Article 13
The Central People'sGovernment shall be responsible for the foreignaffairs relating to the Hong Kong SpecialAdministrative Region.The Ministry of Foreign Affairs of the People'sRepublic of China shallestablish an office in Hong Kong to deal withforeign affairs.The Central People's Government authorizes the Hong Kong SpecialAdministrative Region to conduct relevantexternal affairs on its own inaccordance with this Law.
Article 14
The Central People's Governmentshall be responsible for the defence ofthe Hong Kong Special AdministrativeRegion.The Government of the Hong KongSpecial Administrative Region shall beresponsible for the maintenance of public orderin the Region.Military forces stationed by the CentralPeople's Government in the HongKong Special Administrative Region for defenceshall not interfere in thelocal affairs of the Region. The Government of the Hong Kong SpecialAdministrative Region may, when necessary, ask the Central People'sGovernment for assistance from the garrison inthe maintenance of publicorder and in disaster relief.In addition to abiding by national laws,members of the garrison shallabide by the laws of the Hong Kong SpecialAdministrative Region.Expenditure for the garrison shall be borne by the Central People'sGovernment.
Article 15
The Central People's Governmentshall appoint the Chief Executive and theprincipal officials of the executive authoritiesof the Hong Kong SpecialAdministrative Region in accordance with theprovisions of Chapter IV ofthis Law.
Article 16
The Hong Kong SpecialAdministrative Region shall be vested with executivepower. It shall, on its own, conductthe administrative affairs of theRegion in accordance with the relevantprovisions of this Law.
Article 17
The Hong Kong Special Administrative Region shall be vested withlegislative power. Laws enacted by the legislature of the Hong KongSpecial Administrative Region must be reportedto the Standing Committeeof the National People's Congress for therecord. The reporting for recordshall not affect the entry intoforce of such laws. If the StandingCommittee of the National People's Congress, after consulting theCommittee for the Basic Law of the Hong KongSpecial Administrative Regionunder it, considers that any law enacted by thelegislature of the Regionis not in conformity with the provisionsof this Law regarding affairswithin the responsibility of the Central Authorities or regarding therelationship between the Central Authorities andthe Region, the StandingCommittee may return the law in question butshall not amend it. Any lawreturned by the Standing Committee of theNational People's Congress shallimmediately be invalidated. This invalidationshall not have retroactiveeffect, unless otherwise provided for in thelaws of the Region.
Article 18
The laws in force in the HongKong Special Administrative Region shall bethis Law, the laws previously in force in HongKong as provided for inArticle 8 of this Law, and the lawsenacted by the legislature of theRegion.National laws shall not be applied in the HongKong Special AdministrativeRegion except for those listed in Annex III tothis Law. The laws listedtherein shall be applied locally by way ofpromulgation or legislation bythe Region.The Standing Committee of the National People'sCongress may add to ordelete from the list of laws in Annex III afterconsulting its Committeefor the Basic Law of the Hong Kong SpecialAdministrative Region and thegovernment of the Region. Laws listed in AnnexIII to this Law shall beconfined to those relating to defence andforeign affairs as well as othermatters outside the limits of the autonomy ofthe Region as specified bythis Law.In the event that the Standing Committee of theNational People's Congressdecides to declare a state of war or, by reasonof turmoil within the HongKong Special Administrative Region which endangers national unity orsecurity and is beyond the control of the government of the Region,decides that the Region is in a state ofemergency, the Central People'sGovernment may issue an order applying therelevant national laws in theRegion.
Article 19
The Hong Kong Special Administrative Region shall be vested withindependent judicial power, including that offinal adjudication.The courts of the Hong Kong Special Administrative Region shall havejurisdiction over all cases in the Region,except that the restrictions ontheir jurisdiction imposed by the legal systemand principles previouslyin force in Hong Kong shall bemaintained. The courts of the Hong KongSpecial Administrative Region shallhave no jurisdiction over acts ofstate such as defence and foreign affairs. Thecourts of the Region shallobtain a certificate from the Chief Executive on questions of factconcerning acts of state such as defence andforeign affairs whenever suchquestions arise in the adjudication of cases.This certificate shall bebinding on the courts. Before issuing such a certificate, the ChiefExecutive shall obtain a certifyingdocument from the Central People'sGovernment.
Article 20
The Hong Kong SpecialAdministrative Region may enjoy other powers grantedto it by the National People's Congress,the Standing Committee of theNational People's Congress or the CentralPeople's Government.
Article 21
Chinese citizens who areresidents of the Hong Kong Special AdministrativeRegion shall be entitled to participate in themanagement of state affairsaccording to law. In accordance with theassigned number of seats and theselection method specified by the NationalPeople's Congress, the Chinesecitizens among the residents of the Hong Kong Special AdministrativeRegion shall locally elect deputies of theRegion to the National People'sCongress to participate in the work of thehighest organ of state power.
Article 22
No department of the Central People's Government and no province,autonomous region, or municipality directlyunder the Central Governmentmay interfere in the affairs which theHong Kong Special AdministrativeRegion administers on its own in accordance withthis Law.If there is a need for departments of the Central Government, or forprovinces, autonomous regions, or municipalities directly under theCentral Government to set up offices in the Hong Kong SpecialAdministrative Region, they must obtain theconsent of the government ofthe Region and the approval of the Central People's Government. Alloffices set up in the Hong Kong Special Administrative Region bydepartments of the Central Government, or by provinces, autonomousregions, or municipalities directly under theCentral Government, and thepersonnel of these offices shall abide by thelaws of the Region.For entry into the Hong Kong SpecialAdministrative Region, people fromother parts of China must apply for approval.Among them, the number ofpersons who enter the Region for the purpose of settlement shall bedetermined by the competent authorities of theCentral People's Governmentafter consulting the government of the Region. The Hong Kong SpecialAdministrative Region may establish an office inBeijing.
Article 23
The Hong Kong SpecialAdministrative Region shall enact laws on its own toprohibit any act of treason, secession,sedition, subversion against theCentral People's Government, or theft of state secrets, to prohibitforeign political organizations or bodies from conducting politicalactivities in the Region, and to prohibit political organizations orbodies of the Region from establishing ties with foreign politicalorganizations or bodies.
Chapter III Fundamental Rights and Duties of theResidents
Article 24
Residents of theHong Kong Special Administrative Region ("Hong Kongresidents") shall include permanent residentsand non-permanent residents.The permanent residents of the Hong Kong Special Administrative Regionshall be:
(1) Chinese citizens born inHong Kong before or after the establishmentof the Hong Kong Special AdministrativeRegion;
(2) Chinese citizens whohave ordinarily resided in Hong Kong for acontinuous period of not less than seven years before or after theestablishment of the Hong Kong SpecialAdministrative Region;
(3) Persons of Chinese nationality born outside Hong Kong of thoseresidents listed in categories (1) and(2);
(4) Persons not of Chinesenationality who have entered Hong Kong withvalid travel documents, have ordinarily resided in Hong Kong for acontinuous period of not less than seven yearsand have taken Hong Kong astheir place of permanent residence before orafter the establishment ofthe Hong Kong Special AdministrativeRegion;
(5) Persons under 21 years ofage born in Hong Kong of those residentslisted in category (4) before or after theestablishment of the Hong KongSpecial Administrative Region; and
(6) Persons other than thoseresidents listed in categories (1) to (5),who, before the establishment of the Hong Kong Special AdministrativeRegion, had the right of abode in Hong Kongonly.The above-mentioned residents shall have theright of abode in the HongKong Special Administrative Region and shall bequalified to obtain, inaccordance with the laws of theRegion, permanent identity cards whichstate their right of abode. Thenon-permanent residents of the Hong KongSpecial Administrative Region shall be personswho are qualified to obtainHong Kong identity cards in accordance with thelaws of the Region buthave no right of abode.
Article 25
All Hong Kong residents shall beequal before the law.
Article 26
Permanent residents of the HongKong Special Administrative Region shallhave the right to vote and the right to standfor election in accordancewith law.
Article 27
Hong Kong residents shall havefreedom of speech, of the press and ofpublication; freedom of association, ofassembly, of procession and ofdemonstration; and the right and freedom to formand join trade unions,and to strike.
Article 28
The freedom of the person ofHong Kong residents shall be inviolable.No Hong Kong resident shall be subjected toarbitrary or unlawful arrest,detention or imprisonment. Arbitrary or unlawfulsearch of the body of anyresident or deprivation or restriction of thefreedom of the person shallbe prohibited. Torture of any resident or arbitrary or unlawfuldeprivation of the life of any resident shall beprohibited.
Article 29
The homes and other premises ofHong Kong residents shall be inviolable.Arbitrary or unlawful search of, or intrusioninto, a resident's home orother premises shall be prohibited.
Article 30
The freedom and privacy ofcommunication of Hong Kong residents shall beprotected by law. No department or individual may, on any grounds,infringe upon the freedom and privacy ofcommunication of residents exceptthat the relevant authorities may inspectcommunication in accordance withlegal procedures to meet the needs of publicsecurity or of investigationinto criminal offences.
Article 31
Hong Kong residents shall havefreedom of movement within the Hong KongSpecial Administrative Region and freedom ofemigration to other countriesand regions. They shall have freedom to traveland to enter or leave theRegion. Unless restrained by law, holders ofvalid travel documents shallbe free to leave the Region without specialauthorization.
Article 32
Hong Kong residents shall havefreedom of conscience.Hong Kong residents shall have freedom ofreligious belief and freedom topreach and to conduct and participate inreligious activities in public.
Article 33
Hong Kong residents shall havefreedom of choice of occupation.
Article 34
Hong Kong residents shall havefreedom to engage in academic research,literary and artistic creation, and othercultural activities.
Article 35
Hong Kong residents shall havethe right to confidential legal advice,access to the courts, choice of lawyersfor timely protection of theirlawful rights and interests or forrepresentation in the courts, and tojudicial remedies.Hong Kong residents shall have the right toinstitute legal proceedings inthe courts against the acts of the executive authorities and theirpersonnel.
Article 36
Hong Kong residents shall havethe right to social welfare in accordancewith law. The welfare benefits and retirementsecurity of the labour forceshall be protected by law.
Article 37
The freedom of marriage of HongKong residents and their right to raise afamily freely shall be protected bylaw.
Article 38
Hong Kong residents shall enjoythe other rights and freedoms safeguardedby the laws of the Hong Kong SpecialAdministrative Region.
Article 39
The provisions of the International Covenant on Civil and PoliticalRights, the International Covenant on Economic, Social and CulturalRights, and international labour conventions asapplied to Hong Kong shallremain in force and shall be implemented throughthe laws of the Hong KongSpecial Administrative Region.The rights and freedoms enjoyed by Hong Kong residents shall not berestricted unless as prescribed by law. Such restrictions shall notcontravene the provisions of the precedingparagraph of this Article.
Article 40
The lawful traditional rightsand interests of the indigenous inhabitantsof the "New Territories" shall be protected by the Hong Kong SpecialAdministrative Region.
Article 41
Persons in the Hong Kong SpecialAdministrative Region other than HongKong residents shall, in accordance with law, enjoy the rights andfreedoms of Hong Kong residents prescribed inthis Chapter.
Article 42
Hong Kong residents and other persons in Hong Kong shall have theobligation to abide by the laws in force in the Hong Kong SpecialAdministrative Region.
Chapter IV Political Structure
Section 1: The ChiefExecutive
Article 43
The Chief Executive of the HongKong Special Administrative Region shallbe the head of the Hong Kong Special Administrative Region and shallrepresent the Region. The Chief Executive of the Hong Kong SpecialAdministrative Region shall be accountable to the Central People'sGovernment and the Hong Kong SpecialAdministrative Region in accordancewith the provisions of this Law.
Article 44
The Chief Executive of the HongKong Special Administrative Region shallbe a Chinese citizen of not less than 40 yearsof age who is a permanentresident of the Region with no right of abode inany foreign country andhas ordinarily resided in Hong Kong for acontinuous period of not lesshan 20 years.
Article 45
The Chief Executive of the HongKong Special Administrative Region shallbe selected by election or through consultations held locally and beappointed by the Central People'sGovernment.The method for selecting the Chief Executiveshall be specified in thelight of the actual situation in the Hong Kong Special AdministrativeRegion and in accordance with the principle of gradual and orderlyprogress. The ultimate aim is theselection of the Chief Executive byuniversal suffrage upon nomination by a broadlyrepresentative nominatingcommittee in accordance with democraticprocedures.The specific method for selecting theChief Executive is prescribed inAnnex I "Method for the Selection of the ChiefExecutive of the Hong KongSpecial Administrative Region".
Article 46
The term of officeof the Chief Executive of the Hong Kong SpecialAdministrative Region shall be five years. He orshe may serve for notmore than two consecutive terms.
Article 47
The Chief Executive of the HongKong Special Administrative Region must bea person of integrity, dedicated to his or herduties.The Chief Executive, on assuming office, shalldeclare his or her assetsto the Chief Justice of the Court of FinalAppeal of the Hong Kong SpecialAdministrative Region. Thisdeclaration shall be put on record.
Article 48
The Chief Executive of the HongKong Special Administrative Region shallexercise the following powers andfunctions:
(1) To lead the government ofthe Region;
(2) To be responsible for theimplementation of this Law and other lawswhich, in accordance with this Law, apply in the Hong Kong SpecialAdministrative Region;
(3) To sign bills passed bythe Legislative Council and to promulgatelaws; To sign budgets passed by theLegislative Council and report thebudgets and final accounts to the Central People's Government for therecord;
(4) To decide on governmentpolicies and to issue executive orders;
(5) To nominate and toreport to the Central People's Government forappointment the following principal officials: Secretaries and DeputySecretaries of Departments,Directors of Bureaux, Commissioner AgainstCorruption, Director of Audit, Commissioner of Police, Director ofImmigration and Commissioner of Customs andExcise; and to recommend tothe Central People's Government the removal of the above-mentionedofficials;
(6) To appoint or remove judgesof the courts at all levels in accordancewith legal procedures;
(7) To appoint or remove holdersof public office in accordance with legalprocedures;
(8) To implement the directivesissued by the Central People's Governmentin respect of the relevant matters provided forin this Law;
(9) To conduct, on behalf ofthe Government of the Hong Kong SpecialAdministrative Region, external affairs andother affairs as authorized bythe Central Authorities;
(10) To approve the introduction of motions regarding revenues orexpenditure to the LegislativeCouncil;
(11) To decide, in thelight of security and vital public interests,whether government officials or other personnelin charge of governmentaffairs should testify or give evidence beforethe Legislative Council orits committees;
(12) To pardon persons convictedof criminal offences or commute theirpenalties; and (13) To handle petitions andcomplaints.
Article 49
If the Chief Executive ofthe Hong Kong Special Administrative Regionconsiders that a bill passed by the LegislativeCouncil is not compatiblewith the overall interests of the Region, he orshe may return it to theLegislative Council within three months for reconsideration. If theLegislative Council passes the original billagain by not less than a two-thirds majority of all the members,the Chief Executive must sign andpromulgate it within one month, or act inaccordance with the provisionsof Article 50 of this Law.
Article 50
If the Chief executive ofthe Hong Kong Special Administrative Regionrefuses to sign a bill passed the second time bythe Legislative Council,or the Legislative Council refuses to pass abudget or any other importantbill introduced by the government, and if consensus still cannot bereached after consultations, the Chief Executive may dissolve theLegislative Council.The Chief Executive must consult the ExecutiveCouncil before dissolvingthe Legislative Council. The Chief Executive maydissolve the LegislativeCouncil only once in each term of his or heroffice.
Article 51
If the Legislative Council ofthe Hong Kong Special Administrative Regionrefuses to pass the budget introduced by the government, the ChiefExecutive may apply to the Legislative Council for provisionalappropriations. If appropriation of public funds cannot be approvedbecause the Legislative Council has already been dissolved, the ChiefExecutive may, prior to the election of the new Legislative Council,approve provisional short-term appropriationsaccording to the level ofexpenditure of the previous fiscalyear.
Article 52
The Chief Executive of the HongKong Special Administrative Region mustresign under any of the followingcircumstances:
(1) When he or she loses theability to discharge his or her duties as aresult of serious illness or otherreasons;
(2) When, after the LegislativeCouncil is dissolved because he or shetwice refuses to sign a bill passed byit, the new Legislative Councilagain passes by a two-thirds majority of all themembers the original billin dispute, but he or she still refuses to signit; and
(3) When, after the LegislativeCouncil is dissolved because it refuses topass a budget or any other importantbill, the new Legislative Councilstill refuses to pass the original bill indispute.
Article 53
If the Chief Executive of theHong Kong Special Administrative Region isnot able to discharge his or her duties for ashort period, such dutiesshall temporarily be assumed by the Administrative Secretary, FinancialSecretary or Secretary of Justice in this orderof precedence.In the event that the office ofChief Executive becomes vacant, a newChief executive shall be selected within sixmonths in accordance with theprovisions of Article 45 of this Law. During theperiod of vacancy, his orher duties shall be assumed according to theprovisions of the preceding
paragraph.
Article 54
The Executive council of theHong Kong Special Administrative Region shallbe an organ for assisting the Chief Executive inpolicy-making.
Article 55
Members of the Executive Councilof the Hong Kong Special AdministrativeRegion shall be appointed by the Chief Executivefrom among the principleofficials of the executive authorities, membersof the Legislative Counciland public figures. Their appointment or removalshall be decided by theChief Executive. The term of office of membersof the Executive Councilshall not extend beyond the expiry of theterm of office of the ChiefExecutive who appoints them.Members of the Executive Council of the HongKong Special AdministrativeRegion shall be Chinese citizens who arepermanent residents of the Regionwith no right of abode in any foreigncountry.The Chief Executive may, as he or she deems necessary, invite otherpersons concerned to sit in on meetings of theCouncil.
Article 56
The Executive Council of theHong Kong Special Administrative Region shallbe presided over by the Chief Executive.Except for the appointment, removal anddisciplining of officials and theadoption of measures in emergencies, the ChiefExecutive shall consult theExecutive Council before makingimportant policy decisions, introducingbills to the Legislative Council, making subordinate legislation, ordissolving the Legislative Council.If the Chief Executive does not accept amajority opinion of the ExecutiveCouncil, he or she shall put the specificreasons on record.
Article 57
A Commission Against Corruptionshall be established in theHong KongSpecial Administrative Region. It shall function independently and beaccountable to the Chief Executive.
Article 58
A Commission of Auditshall be established in the Hong Kong SpecialAdministrative Region. It shall functionindependently and be accountableto the Chief Executive.
Section 2: the ExecutiveAuthorities
Article 59
The Government of the Hong KongSpecial Administrative Region shall be theexecutive authorities of the Region.
Article 60
The head of the Government ofthe Hong Kong Special Administrative Regionshall be the Chief Executive of theRegion.A Department of Administration, a Department ofFinance, a Department ofJustice, and various bureaux, divisions and commissions shall beestablished in the Government of the Hong Kong Special AdministrativeRegion.
Article 61
The principal officials of theHong Kong Special Administrative Regionshall be Chinese citizens who are permanentresidents of the Region withno right of abode in any foreign country andhave ordinarily resided inHong Kong for a continuous period of not lessthan 15 years.
Article 62
The Government of the Hong Kong Special Administrative Region shallexercise the following powers andfunctions:
(1) To formulate and implementpolicies;
(2) To conduct administrativeaffairs;
(3) To conduct external affairsas authorized by the Central People'sGovernment under this Law;
(4) To draw up and introducebudgets and final accounts;
(5) To draft and introducebills, motions and subordinate legislation; and
(6) To designate officials tosit in on the meetings of the LegislativeCouncil and to speak on behalf of thegovernment.
Article 63
The Department of Justice of theHong Kong Special Administrative Regionshall control criminal prosecutions, free fromany interference.
Article 64
The Government of the Hong KongSpecial Administrative Region must abideby the law and be accountable to the LegislativeCouncil of the Region: itshall implement laws passed by the Council andalready in force; it shallpresent regular policy addresses to the Council;it shall answer questionsraised by members of the Council; and it shallobtain approval from theCouncil for taxation and publicexpenditure.
Article 65
The previous systemof establishing advisory bodies by the executiveauthorities shall be maintained.
Section 3: TheLegislature
Article 66
The Legislative Council of theHong Kong Special Administrative Regionshall be the legislature of theRegion.
Article 67
The Legislative Council of theHong Kong Special Administrative Regionshall be composed of Chinese citizens who arepermanent residents of theRegion with no right of abode in any foreigncountry. However, permanentresidents of the Region who are not of Chinesenationality or who have theright of abode in foreign countries may also notof Chinese nationality orwho have the right of abode in foreign countries may also be electedmembers of the Legislative Council of the Region, provided that theproportion of such members does not exceed 20 percent of the totalmembership of the Council.
Article 68
The Legislative Council of theHong Kong Special Administrative Regionshall be constituted by election.The method for forming the Legislative Councilshall be specified in thelight of the actual situation in the Hong Kong Special AdministrativeRegion and in accordance with the principle of gradual and orderlyprogress. The ultimate aim is theelection of all the members of theLegislative Council by universal suffrage.The specific method for forming the LegislativeCouncil and its proceduresfor voting on bills and motions are prescribedin Annex II : "Method forthe Formation of the Legislative Council of the Hong Kong SpecialAdministrative Region and Its VotingProcedures".
Article 69
The term of office of theLegislative Council of the Hong Kong SpecialAdministrative Region shall be four years,except the first term whichshall be two years.
Article 70
If the Legislative Council ofthe Hong Kong Special Administrative Regionis dissolved by the Chief Executive inaccordance with the provisions ofthis Law, it must, within three months, be reconstituted by election inaccordance with Article 68 of thisLaw.
Article 71
The President of the Legislative Council of the Hong Kong SpecialAdministrative Region shall be elected by andfrom among the members ofthe Legislative Council.The President of the Legislative Council of the Hong Kong SpecialAdministrative Region shall be a Chinese citizenof not less than 40 yearsof age, who is a permanent resident of theRegion with no right of abodein any foreign country and hasordinarily resided in Hong Kong for acontinuous period of not less than 20years.
Article 72
The President of the Legislative Council of the Hong Kong SpecialAdministrative Region shall exercise thefollowing powers and functions:
(1) To preside overmeetings;
(2) To decide on theagenda, giving priority to government bills forinclusion in the agenda;
(3) To decide on the time ofmeetings;
(4) To call special sessionsduring the recess;
(5) To call emergency sessionson the request of the Chief Executive; and
(6) To exercise other powers andfunctions as prescribed in the rules ofprocedure of the Legislative Council.
Article 73
The Legislative Council of theHong Kong Special Administrative Regionshall exercise the following powers andfunctions:
(1) To enact, amend or repeallaws in accordance with the provisions ofthis Law and legal procedures;
(2) To examine and approvebudgets introduced by the government;
(3) To approve taxation andpublic expenditure;
(4) To receive and debate thepolicy addresses of the Chief Executive;
(5) To raise questions on thework of the government;
(6) To debate any issueconcerning public interests;
(7) To endorse the appointmentand removal of the judges of the Court ofFinal Appeal and the Chief Judge of the HighCourt;
(8) To receive and handlecomplaints from Hong Kong residents;
(9) If a motion initiatedjointly by one-fourth of all the members of theLegislative Council charges the Chief Executivewith serious breach of lawor dereliction of duty and if he or sherefuses to resign, the Councilmay, after passing a motion for investigation,give a mandate to the ChiefJustice of the Court of Final Appealto form and chair an independentinvestigation committee. The committee shall beresponsible for carryingout the investigation and reporting its findingsto the Council. If thecommittee considers the evidence sufficient tosubstantiate such charges,the Council may pass a motion of impeachment bya two-thirds majority ofall its members and report it to the Central People's Government fordecision; and
(10) To summon, as required whenexercising the above-mentioned powers andfunctions, persons concerned to testify or giveevidence.
Article 74
Members of the LegislativeCouncil of the Hong Kong Special AdministrativeRegion may introduce bills in accordance withthe provisions of this Lawand legal procedures. Billswhich do not relate to public expenditure orpolitical structure or the operation of thegovernment may be introducedindividually or jointly by members of theCouncil. The written consent ofthe Chief Executive shall be required beforebills relating to governmentpolicies are introduced.
Article 75
The quorum for the meeting ofthe Legislative Council of the Hong KongSpecial Administrative Region shall be not lessthan one half of all itsmembers. The rules of procedure ofthe Legislative Council shall be madeby the Council on its own, provided that they donot contravene this Law.
Article 76
A bill passed by the Legislative Council of the Hong Kong SpecialAdministrative Region may take effect only after it is signed andpromulgated by the Chief Executive.
Article 77
Members of the LegislativeCouncil of the Hong Kong Special AdministrativeRegion shall be immune from legal action inrespect of their statements atmeetings of the Council.
Article 78
Members of the LegislativeCouncil of the Hong Kong Special AdministrativeRegion shall not be subjected to arrest whenattending or on their way toa meeting of the Council.
Article 79
The President of the Legislative Council of the Hong Kong SpecialAdministrative Region shall declare that amember of the Council is nolonger qualified for the office under any of thefollowing circumstances:
(1) When he or she loses theability to discharge his or her duties as aresult of serious illness or otherreasons;
(2) When he or she, with novalid reason, is absent from meetings forthree consecutive months without the consent of the President of theLegislative Council;
(3) When he or she loses orrenounces his or her status as a permanentresident of the Region;
(4) When he or she accepts agovernment appointment and becomes a publicservant;
(5) When he or she is bankruptor fails to comply with a court order torepay debts;
(6) When he or she is convictedand sentenced to imprisonment for onemonth or more for a criminal offence committed within or outside theRegion and is relieved of his or her duties bya motion passed bytwo-thirds of the members of the LegislativeCouncil present;and
(7) When he or she is censuredfor misbehaviour or breach of oath by avote of two-thirds of the members of theLegislative Council present.
Section 4: TheJudiciary
Article 80
The courts of the Hong KongSpecial Administrative Region at all levelsshall be the judiciary of the Region, exercisingthe judicial power of theRegion.
Article 81
The Court of Final Appeal, theHigh Court, district courts, magistrates'courts and other special courts shallbe established in the Hong KongSpecial Administrative Region. The High Courtshall comprise the Court ofAppeal and the Court of FirstInstance. The judicial system previouslypractised in Hong Kong Shall be maintained except for those changesconsequent upon the establishment of the Courtof Final Appeal of the HongKong Special Administrative Region.
Article 82
The power of final adjudicationof the Hong Kong Special AdministrativeRegion shall be vested in the Court of FinalAppeal of the Region, whichmay as required invite judges from other commonlaw jurisdictions to siton the Court of Final Appeal.
Article 83
The structure, powers andfunctions of the courts of the Hong Kong SpecialAdministrative Region at all levels shall beprescribed by law.
Article 84
The courts of the Hong KongSpecial Administrative Region shall adjudicatecases in accordance with the laws applicable inthe Region as prescribedin Article 18 of this Law and may refer toprecedents of other common lawjurisdictions.
Article 85
The courts of the Hong KongSpecial Administrative Region shall exercisejudicial power independently, free from anyinterference. Members of thejudiciary shall be immune from legal action inthe performance of theirjudicial functions.
Article 86
The principle of trial by jurypreviously practised in Hong Kong shall bemaintained.
Article 87
In criminal or civil proceedingsin the Hong Kong Special AdministrativeRegion, the principles previously appliedin Hong Kong and the rightspreviously enjoyed by parties to proceedingsshall be maintained.Anyone who is lawfully arrested shall have theright to a fair trial bythe judicial organs without delay andshall be presumed innocent untilconvicted by the judicial organs.
Article 88
Judges of the courts of the HongKong Special Administrative Region shallbe appointed by the Chief Executive on the recommendation of anindependent commission composed of local judges,persons from the legalprofession and eminent persons from othersectors.
Article 89
A judge of a court of the HongKong Special Administrative Region may onlybe removed for inability to discharge his or her duties, or formisbehaviour, by the Chief Executive on therecommendation of a tribunalappointed by the Chief Justice of the Court ofFinal Appeal and consistingof not fewer than three localjudges. The Chief Justice of the Court ofFinal Appeal of the Hong Kong Special Administrative Region may beinvestigated only for inability to discharge hisor her duties, or formisbehaviour, by a tribunal appointed by the Chief Executive andconsisting of not fewer than five local judgesand may be removed by theChief Executive on the recommendation of thetribunal and in accordancewith the procedures prescribed in thisLaw.
Article 90
The Chief Justice of the Courtof Final Appeal and the Chief Judge of theHigh Court of the Hong Kong SpecialAdministrative Region shall be Chinesecitizens who are permanent residents of theRegion with no right of abodein any foreign country. In the case of the appointment or removal ofjudges of the Court of Final Appeal and theChief Judge of the High Courtof the Hong Kong Special Administrative Region,the Chief Executive shall,in addition to following the proceduresprescribed in Articles 88 and 89of this Law, obtain the endorsement of theLegislative Council and reportsuch appointment or removal to the Standing Committee of the NationalPeople's Congress for the record.
Article 91
The Hong Kong SpecialAdministrative Region shall maintain the previoussystem of appointment and removal of members ofthe judiciary other thanjudges.
Article 92
Judges and othermembers of the judiciary of the Hong Kong SpecialAdministrative Region shall be chosen on thebasis of their judicial andprofessional qualities and may be recruited from other common lawjurisdictions.
Article 93
Judges and other members of thejudiciary serving in Hong Kong before theestablishment of the Hong Kong Special Administrative Region may allremain in employment and retain their seniority with pay, allowances,benefits and conditions of service no lessfavourable than before.The Government of the Hong Kong SpecialAdministrative Region shall pay tojudges and other members of the judiciary whoretire or leave the servicein compliance with regulations, including thosewho have retired or leftthe service before the establishment of the Hong Kong SpecialAdministrative Region, or to their dependants,all pensions, gratuities,allowances and benefits due to them on terms no less favourable thanbefore, irrespective of their nationality orplace of residence.
Article 94
On the basis of the system previously operating in Hong Kong, theGovernment of the Hong Kong Special Administrative Region may makeprovisions for local lawyers and lawyers fromoutside Hong Kong to workand practise in the Region.
Article 95
The Hong Kong SpecialAdministrative Region may, through consultations andin accordance with law, maintainjuridical relations with the judicialorgans of other parts of the country, and theymay render assistance toeach other.
Article 96
With the assistance orauthorization of the Central People's Government,the Government of the Hong KongSpecial Administrative Region may makeappropriate arrangements with foreign states for reciprocal juridicalassistance.
Section 5: DistrictOrganizations
Article 97
District organizations which arenot organs of political power may beestablished in the Hong Kong Special Administrative Region, to beconsulted by the government of the Region ondistrict administration andother affairs, or to be responsible forproviding services in such fieldsas culture, recreation and environmentalsanitation.
Article 98
The powers and functions of thedistrict organizations and the method fortheir formation shall be prescribed bylaw.
Section 6: PublicServants
Article 99
Public servants serving in allgovernment departments of the Hong KongSpecial Administrative Region must be permanentresidents of the Region,except where otherwise provided for in Article101 of this Law regardingpublic servants of foreign nationalitiesand except for those below acertain rank as prescribed by law. Publicservants must be dedicated totheir duties and be responsible to theGovernment of the Hong Kong SpecialAdministrative Region.
Article 100
Public servants serving in allHong Kong government departments, includingthe police department, before the establishmentof the Hong Kong SpecialAdministrative Region, may all remain in employment and retain theirseniority with pay, allowances, benefits andconditions of service no lessfavourable than before.
Article 101
The Government of the Hong KongSpecial Administrative Region may employBritish and other foreign nationals previously serving in the publicservice in Hong Kong, or those holdingpermanent identity cards of theRegion, to serve as public servants in government departments at alllevels, but only Chinese citizens amongpermanent residents of the Regionwith no right of abode in any foreign country may fill the followingposts: the Secretaries and Deputy Secretaries ofDepartments, Directors ofBureaux, Commissioner Against Corruption,Director of Audit, Commissionerof Police, Director of Immigration andCommissioner of Customs and Excise.The Government of the Hong KongSpecial Administrative Region may alsoemploy British and other foreign nationals as advisers to governmentdepartments and, when required, may recruit qualified candidates fromoutside the Region to fill professional andtechnical posts in governmentdepartments. These foreign nationals shall be employed only in theirindividual capacities and shall be responsibleto the government of theRegion.
Article 102
The Government of the Hong KongSpecial Administrative Region shall pay topublic servants who retire or who leavethe service in compliance withregulations, including those who have retired orwho have left the servicein compliance with regulations before theestablishment of the Hong KongSpecial Administrative Region, or to their dependants, all pensions,gratuities, allowances and benefits due to them on terms no lessfavourable than before, irrespectiveof their nationality or place ofresidence.
Article 103
The appointment and promotion ofpublic servants shall be on the basis oftheir qualifications, experience and ability.Hong Kong's previous systemof recruitment, employment, assessment, discipline, training andmanagement for the public service, including special bodies for theirappointment, pay and conditions of service,shall be maintained, exceptfor any provisions for privileged treatment offoreign nationals.
Article 104
When assuming office, the ChiefExecutive, principal officials, members ofthe Executive Council and of the LegislativeCouncil, judges of the courtsat all levels and other members of the judiciaryin the Hong Kong SpecialAdministrative Region must, in accordance withlaw, swear to uphold theBasic Law of the Hong Kong SpecialAdministrative Region of the People'sRepublic of China and swear allegiance to the Hong Kong SpecialAdministrative Region of the People's Republicof China.
Chapter V Economy
Section 1: Public Finance,Monetary Affairs, Trade, Industry and Commerce
Article 105
The Hong Kong SpecialAdministrative Region shall, in accordance with law,protect the right of individuals andlegal persons to the acquisition,use, disposal and inheritance of property andtheir right to compensationfor lawful deprivation of their property. Such compensation shallcorrespond to the real value of the propertyconcerned at the time andshall be freely convertible and paid withoutundue delay.The ownership of enterprises and the investmentsfrom outside the Regionshall be protected by law.
Article 106
The Hong Kong Special Administrative Region shall have independentfinances. The Hong Kong Special Administrative Region shall use itsfinancial revenues exclusively for its ownpurposes, and they shall not behanded over to the Central People'sGovernment.The Central People's Government shall notlevy taxes in the Hong KongSpecial Administrative Region.
Article 107
The Hong Kong SpecialAdministrative Region shall follow the principle ofkeeping expenditure within the limits of revenues in drawing up itsbudget, and strive to achieve a fiscal balance,avoid deficits and keepthe budget commensurate with the growth rate of its gross domesticproduct.
Article 108
The Hong Kong SpecialAdministrative Region shall practise an independenttaxation system.The Hong Kong Special AdministrativeRegion shall, taking the low taxpolicy previously pursued in Hong Kong asreference, enact laws on its ownconcerning types of taxes, tax rates, tax reductions, allowances andexemptions, and other matters oftaxation.
Article 109
The Government of the Hong Kong Special Administrative Region shallprovide an appropriate economic and legalenvironment for the maintenanceof the status of Hong Kong as an internationalfinancial centre.
Article 110
The monetary and financialsystems of the Hong Kong Special AdministrativeRegion shall be prescribed by law.The Government of the Hong Kong SpecialAdministrative Region shall, onits own, formulate monetary andfinancial policies, safeguard the freeoperation of financial business and financialmarkets, and regulate andsupervise them in accordance with law.
Article 111
The Hong Kong dollar,as the legal tender in the Hong Kong SpecialAdministrative Region, shall continue tocirculate.The authority to issue Hong Kong currency shall be vested in theGovernment of the Hong Kong SpecialAdministrative Region. The issue ofHong Kong currency must be backed by a100 per cent reserve fund. Thesystem regarding the issue of HongKong currency and the reserve fundsystem shall be prescribed by law.The Government of the Hong Kong Special Administrative Region mayauthorize designated banks to issue or continue to issue Hong Kongcurrency under statutory authority, aftersatisfying itself that any issueof currency will be soundly based and that thearrangements for such issueare consistent with the object of maintaining the stability of thecurrency.
Article 112
No foreign exchange controlpolicies shall be applied in the Hong KongSpecial Administrative Region. The Hong Kong dollar shall be freelyconvertible. Markets for foreign exchange, gold,securities, futures andthe like shall continue. The Government of the Hong Kong SpecialAdministrative Region shall safeguard thefree flow of capital within,into and out of the Region.
Article 113
The Exchange Fund of the HongKong Special Administrative Region shall bemanaged and controlled by thegovernment of the Region, primarily forregulating the exchange value of the Hong Kongdollar.
Article 114
The Hong Kong SpecialAdministrative Region shall maintain the status of afree port and shall not impose any tariff unlessotherwise prescribed bylaw.
Article 115
The Hong Kong SpecialAdministrative Region shall pursue the policy offree trade and safeguard the free movement ofgoods, intangible assets andcapital.
Article 116
The Hong Kong SpecialAdministrative Region shall be a separate customsterritory. The Hong Kong Special AdministrativeRegion may, using the name"Hong Kong, China", participate in relevantinternational organizationsand international trade agreements (including preferential tradearrangements), such as the GeneralAgreement on Tariffs and Trade andarrangements regarding international tradein textiles. Export quotas,tariff preferences and other similararrangements, which are obtained ormade by the Hong Kong Special AdministrativeRegion or which were obtainedor made and remain valid, shall be enjoyedexclusively by the Region.
Article 117
The Hong Kong SpecialAdministrative Region may issue its own certificatesof origin for products in accordance withprevailing rules of origin.
Article 118
The Government of the Hong Kong Special Administrative Region shallprovide an economic and legal environment for encouraging investments,technological progress and the development ofnew industries.
Article 119
The Government of the Hong Kong Special Administrative Region shallformulate appropriate policies to promote andcoordinate the developmentof various trades such as manufacturing,commerce, tourism, real estate,transport, public utilities, services,agriculture and fisheries, and payregard to the protection of theenvironment.
Section 2: Land Leases
Article 120
All leases of land granted, decided upon or renewed before theestablishment of the Hong Kong SpecialAdministrative Region which extendbeyond 30 June 1997, and all rightsin relation to such leases, shallcontinue to be recognized and protected underthe law of the Region.
Article 121
As regards all leases of landgranted or renewed where the original leasescontain no right of renewal, during the periodfrom 27 May 1985 to 30 June1997, which extend beyond 30 June 1997 andexpire not later than 30 June2047, the lessee is not required to pay anadditional premium as from 1July 1997, but an annual rent equivalent to 3per cent of the rateablevalue of the property at that date, adjusted instep with any changes inthe rateable value thereafter, shall becharged.
Article 122
In the case of old schedulelots, village lots, small houses and similarrural holdings, where the property was on 30June 1984 held by, or, in thecase of small houses granted after that date, where the property isgranted to, a lessee descended through the maleline from a person who wasin 1898 a resident of an established village inHong Kong, the previousrent shall remain unchanged so long as theproperty is held by that lesseeor by one of his lawful successors in the maleline.
Article 123
Where leases of land without a right of renewal expire after theestablishment of the Hong Kong SpecialAdministrative Region, they shallbe dealt with in accordance with laws and policies formulated by theRegion on its own.
Section 3: Shipping
Article 124
The Hong Kong SpecialAdministrative Region shall maintain Hong Kong'sprevious systems of shipping management andshipping regulation, includingthe system for regulating conditions ofseamen.The Government of the Hong Kong SpecialAdministrative Region shall, onits own, define its specific functions andresponsibilities in respect ofshipping.
Article 125
The Hong Kong SpecialAdministrative Region shall be authorized by theCentral People's Government to continue tomaintain a shipping registerand issue related certificates under itslegislation, using the name "HongKong, China".
Article 126
With the exception of foreignwarships, access for which requires thespecial permission of the Central People'sGovernment, ships shall enjoyaccess to the ports of the Hong Kong Special Administrative Region inaccordance with the laws of theRegion.
Article 127
Private shipping businesses andshipping-related businesses and privatecontainer terminals in the Hong Kong Special Administrative Region maycontinue to operate freely.
Section 4: CivilAviation
Article 128
The Government of the Hong Kong Special Administrative Region shallprovide conditions and take measures for themaintenance of the status ofHong Kong as a centre of international andregional aviation.
Article 129
The Hong Kong SpecialAdministrative Region shall continue the previoussystem of civil aviation management in Hong Kongand keep its own aircraftregister in accordance with provisions laid downby the Central People'sGovernment concerning nationality marks and registration marks ofaircraft.Access of foreign state aircraft to the HongKong Special AdministrativeRegion shall require the special permission of the Central People'sGovernment.
Article 130
The Hong Kong SpecialAdministrative Region shall be responsible on itsown for matters of routine business and technical management of civilaviation, including the management of airports, the provision of airtraffic services within the flight informationregion of the Hong KongSpecial Administrative Region, and the dischargeof other responsibilitiesallocated to it under the regional air navigation procedures of theInternational Civil AviationOrganization.
Article 131
The Central People's Governmentshall, in consultation with the Governmentof the Hong Kong Special Administrative Region, make arrangementsproviding air services between the Region andother parts of the People'sRepublic of China for airlines incorporated in the Hong Kong SpecialAdministrative Region and having their principalplace of business in HongKong and other airlines of the People's Republicof China.
Article 132
All air service agreementsproviding air services between other parts ofthe People's Republic of China and other statesand regions with stops atthe Hong Kong Special Administrative Region andair services between theHong Kong Special Administrative Region andother states and regions withstops at other parts of the People's Republic ofChina shall be concludedby the Central People's Government.In concluding the air service agreements referred to in the firstparagraph of this Article, the Central People's Government shall takeaccount of the special conditions and economicinterests of the Hong KongSpecial Administrative Region and consult thegovernment of the Region.Representatives of the Government of the HongKong Special AdministrativeRegion may, as members of the delegations of the Government of thePeople's Republic of China, participate in air service consultationsconducted by the Central People's Government with foreign governmentsconcerning arrangements for such services referred to in the firstparagraph of this Article.
Article 133
Acting under specificauthorizations from the Central People's Government,the Government of the Hong Kong SpecialAdministrative Region may:
(1) renew or amend air serviceagreements and arrangements previously inforce;
(2) negotiate and conclude newair service agreements providing routes forairlines incorporated in the Hong Kong SpecialAdministrative Region andhaving their principal place of business in HongKong and providing rightsfor over-flights and technical stops;and
(3) negotiate and concludeprovisional arrangements with foreign states orregions with which no air service agreementshave been concluded.All scheduled air services to, from or throughHong Kong, which do notoperate to, from or through the mainland ofChina shall be regulated bythe air service agreements or provisionalarrangements referred to in thisArticle.
Article 134
The Central People's Governmentshall give the Government of the Hong KongSpecial Administrative Region the authorityto:
(1) negotiate and conclude with other authorities all arrangementsconcerning the implementation of the air service agreements andprovisional arrangements referred to in Article133 of this Law;
(2) issue licences toairlines incorporated in the Hong Kong SpecialAdministrative Region and having their principalplace of business in HongKong;
(3) designate such airlines under the air service agreements andprovisional arrangements referred to in Article133 of this Law; and
(4) issue permits to foreignairlines for services other than those to,from or through the mainland of China.
Article 135
Airlines incorporated and havingtheir principal place of business in HongKong and businesses related to civil aviationfunctioning there prior tothe establishment of the Hong Kong Special Administrative Region maycontinue to operate.
Chapter VI Education, Science, Culture,Sports, Religion, Labour and Social Services
Article 136
On the basis of the previouseducational system, the Government of theHong Kong Special Administrative Region shall, on its own, formulatepolicies on the development and improvement of education, includingpolicies regarding the educational system and its administration, thelanguage of instruction, the allocation offunds, the examination system,the system of academic awards and the recognition of educationalqualifications. Community organizations and individuals may, inaccordance with law, run educationalundertakings of various kinds in theHong Kong Special AdministrativeRegion.
Article 137
Educational institutions of allkinds may retain their autonomy and enjoyacademic freedom. They may continueto recruit staff and use teachingmaterials from outside the Hong Kong SpecialAdministrative Region.Schools run by religious organizations maycontinue to provide religiouseducation, including courses inreligion. Students shall enjoy freedom ofchoice of educational institutions and freedomto pursue their educationoutside the Hong Kong Special AdministrativeRegion.
Article 138
The Government of the Hong KongSpecial Administrative Region shall, onits own, formulate policies todevelop Western and traditional Chinesemedicine and to improve medical and health services. Communityorganizations and individuals may provide various medical and healthservices in accordance with law.
Article 139
The Government of the Hong KongSpecial Administrative Region shall, onits own, formulate policies on science andtechnology and protect by lawachievements in scientific and technological research, patents,discoveries and inventions. The Government of the Hong Kong SpecialAdministrative Region shall, on itsown, decide on the scientific andtechnological standards and specificationsapplicable in Hong Kong.
Article 140
The Government of the Hong KongSpecial Administrative Region shall, onits own, formulate policies on culture andprotect by law the achievementsand the lawful rights and interests of authors in their literary andartistic creation.
Article 141
The Government of the Hong KongSpecial Administrative Region shall notrestrict the freedom of religious belief, interfere in the internalaffairs of religious organizations or restrictreligious activities whichdo not contravene the laws of the Region.Religious organizations shall, in accordancewith law, enjoy the rights toacquire, use, dispose of and inherit propertyand the right to receivefinancial assistance. Their previous propertyrights and interests shallbe maintained and protected. Religiousorganizations may, according totheir previous practice, continue torun seminaries and other schools,hospitals and welfare institutions and toprovide other social services.Religious organizations and believers in the Hong Kong SpecialAdministrative Region may maintain and develop their relations withreligious organizations and believerselsewhere.
Article 142
The Government of the Hong KongSpecial Administrative Region shall, onthe basis of maintaining the previous systemsconcerning the professions,formulate provisions on its own for assessing the qualifications forpractice in the various professions. Persons with professionalqualifications or qualifications forprofessional practice obtained priorto the establishment of the Hong KongSpecial Administrative Region mayretain their previous qualifications in accordance with the relevantregulations and codes of practice.The Government of the Hong Kong Special Administrative Region shallcontinue to recognize the professions andthe professional organizationsrecognized prior to the establishment of the Region, and theseorganizations may, on their own, assess and confer professionalqualifications.The Government of the Hong Kong Special Administrative Region may, asrequired by developments in society and inconsultation with the partiesconcerned, recognize new professions andprofessional organizations.
Article 143
The Government of the Hong KongSpecial Administrative Region shall, onits own, formulate policies on sports. Non-governmental sportsorganizations may continue to exist and developin accordance with law.
Article 144
The Government of the Hong Kong Special Administrative Region shallmaintain the policy previously practised in Hong Kong in respect ofsubventions for non-governmental organizations in fields such aseducation, medicine and health, culture, art,recreation, sports, socialwelfare and social work. Staffmembers previously serving in subventedorganizations in Hong Kong may remain intheir employment in accordancewith the previous system.
Article 145
On the basis of the previoussocial welfare system, the Government of theHong Kong Special Administrative Region shall, on its own, formulatepolicies on the development and improvement ofthis system in the light ofthe economic conditions and socialneeds.
Article 146
Voluntary organizationsproviding social services in the Hong Kong SpecialAdministrative Region may, on their own, decidetheir forms of service,provided that the law is notcontravened.
Article 147
The Hong Kong SpecialAdministrative Region shall on its own formulatelaws and policies relating to labour.
Article 148
The relationship betweennon-governmental organizations in fields such aseducation, science, technology,culture, art, sports, the professions,medicine and health, labour, social welfare andsocial work as well asreligious organizations in the Hong Kong SpecialAdministrative Region andtheir counterparts on the mainland shall bebased on the principles ofnon-subordination, non-interference and mutualrespect.
Article 149
Non-governmentalorganizations in fields such as education, science,technology, culture, art, sports, theprofessions, medicine and health,labour, social welfare and social work as wellas religious organizationsin the Hong Kong Special Administrative Regionmay maintain and developrelations with their counterparts inforeign countries and regions andwith relevant international organizations. Theymay, as required, use thename "Hong Kong, China" in the relevantactivities.
Chapter VII External Affairs
Article 150
Representatives of theGovernment of the Hong Kong Special AdministrativeRegion may, as members of delegations of theGovernment of the People'sRepublic of China, participate innegotiations at the diplomatic leveldirectly affecting the Region conducted by the Central People'sGovernment.
Article 151
The Hong Kong SpecialAdministrative Region may on its own, using the name"Hong Kong, China", maintain and develop relations and conclude andimplement agreements with foreign states and regions and relevantinternational organizations in the appropriate fields, including theeconomic, trade, financial and monetary, shipping, communications,tourism, cultural and sports fields.
Article 152
Representatives of theGovernment of the Hong Kong Special AdministrativeRegion may, as members of delegations of thePeople's Republic of China,participate in international organizations orconferences in appropriatefields limited to states and affecting theRegion, or may attend in suchother capacity as may be permitted by theCentral People's Government andthe international organization or conferenceconcerned, and may expresstheir views, using the name "Hong Kong,China".The Hong Kong Special AdministrativeRegion may, using the name "HongKong, China", participate in internationalorganizations and conferencesnot limited to states. The Central People's Government shall take thenecessary steps to ensure that the Hong KongSpecial Administrative Regionshall continue to retain its status in anappropriate capacity in thoseinternational organizations of which thePeople's Republic of China is amember and in which Hong Kong participates inone capacity or another.The Central People's Governmentshall, where necessary, facilitate thecontinued participation of the Hong Kong SpecialAdministrative Region inan appropriate capacity in those internationalorganizations in which HongKong is a participant in one capacity or another, but of which thePeople's Republic of China is not amember.
Article 153
The application to the Hong Kong Special Administrative Region ofinternational agreements to which the People'sRepublic of China is orbecomes a party shall be decided by theCentral People's Government, inaccordance with the circumstancesand needs of the Region, and afterseeking the views of the government of the Region. Internationalagreements to which the People's Republic ofChina is not a party butwhich are implemented in Hong Kong may continueto be implemented in theHong Kong Special Administrative Region. TheCentral People's Governmentshall, as necessary, authorize or assist thegovernment of the Region tomake appropriate arrangements for theapplication to the Region of otherrelevant international agreements.
Article 154
The Central People's Governmentshall authorize the Government of the HongKong Special Administrative Region to issue, in accordance with law,passports of the Hong Kong SpecialAdministrative Region of the People'sRepublic of China to all Chinese citizens who hold permanent identitycards of the Region, and travel documents of the Hong Kong SpecialAdministrative Region of thePeople's Republic of China to all otherpersons lawfully residing in the Region. Theabove passports and documentsshall be valid for all states and regions andshall record the holder'sright to return to the Region. The Governmentof the Hong Kong SpecialAdministrative Region may apply immigrationcontrols on entry into, stayin and departure from the Region by persons from foreign states andregions.
Article 155
The Central People's Governmentshall assist or authorize the Governmentof the Hong Kong Special Administrative Regionto conclude visa abolitionagreements with foreign states orregions.
Article 156
The Hong Kong SpecialAdministrative Region may, as necessary, establishofficial or semi-official economic and trademissions in foreign countriesand shall report the establishment of such missions to the CentralPeople's Government for the record.
Article 157
The establishment of foreignconsular and other official or semi-officialmissions in the Hong Kong Special AdministrativeRegion shall require theapproval of the Central People'sGovernment.Consular and other official missions establishedin Hong Kong by stateswhich have formal diplomatic relations with thePeople's Republic of Chinamay be maintained. According to thecircumstances of each case, consularand other official missions established in HongKong by states which haveno formal diplomatic relations with the People'sRepublic of China may bepermitted either to remain or be changed tosemi-official missions.States not recognized by the People's Republicof China may only establishnon-governmental institutions in theRegion.
Chapter VIII Interpretation and Amendment of the BasicLaw
Article 158
The power of interpretation ofthis Law shall be vested in the StandingCommittee of the National People'sCongress.The Standing Committee of the National People'sCongress shall authorizethe courts of the Hong Kong SpecialAdministrative Region to interpret ontheir own, in adjudicating cases, the provisionsof this Law which arewithin the limits of the autonomy of theRegion.The courts of the Hong Kong Special Administrative Region may alsointerpret other provisions of this Law inadjudicating cases. However, ifthe courts of the Region, in adjudicatingcases, need to interpret theprovisions of this Law concerning affairs whichare the responsibility ofthe Central People's Government, orconcerning the relationship betweenthe Central Authorities and the Region, andif such interpretation willaffect the judgments on the cases, the courts ofthe Region shall, beforemaking their final judgments which are not appealable, seek aninterpretation of the relevant provisions fromthe Standing Committee ofthe National People's Congress through the Courtof Final Appeal of theRegion. When the Standing Committee makes an interpretation of theprovisions concerned, the courts of the Region, in applying thoseprovisions, shall follow the interpretation ofthe Standing Committee.However, judgments previously rendered shall notbe affected.The Standing Committee of the National People'sCongress shall consult itsCommittee for the Basic Law of the Hong KongSpecial Administrative Regionbefore giving an interpretation of thisLaw.
Article 159
The power of amendmentof this Law shall be vested in the Nationalpeople's Congress. The power to propose billsfor amendments to this Lawshall be vested in the Standing Committee of the National People'sCongress, the State Council and the Hong Kong Special AdministrativeRegion. Amendment bills from the Hong KongSpecial Administrative Regionshall be submitted to the National People'sCongress by the delegation ofthe Region to the National People's Congressafter obtaining the consentof two-thirds of the deputies of the Region to the National People'sCongress, two-thirds of all the members of theLegislative Council of theRegion, and the Chief Executive of the Region. Before a bill foramendment to this Law is put on the agenda of the National People'sCongress, the Committee for the Basic Law of the Hong Kong SpecialAdministrative Region shall study it and submitits views.No amendment to this Law shall contravene theestablished basic policiesof the People's Republic of China regarding HongKong.
Chapter IX Supplementary Provisions
Article 160
Upon the establishment of theHong Kong Special Administrative Region, thelaws previously in force in Hong Kong shallbe adopted as laws of theRegion except for those which the Standing Committee of the NationalPeople's Congress declares to be incontravention of this Law. If any lawsare later discovered to be in contravention ofthis Law, they shall beamended or cease to have force in accordance with the procedure asprescribed by this Law.Documents, certificates, contracts, and rightsand obligations valid underthe laws previously in force in Hong Kong shallcontinue to be valid andbe recognized and protected by the Hong Kong Special AdministrativeRegion, provided that they do not contravenethis Law.
Annex I:
Method for the Selection of theChief Executive of the Hong Kong SpecialAdministrative Region
1. The ChiefExecutive shall be elected by a broadly representativeElection Committee in accordance with this Law and appointed by theCentral People's Government.
2. The Election Committeeshall be composed of 800 members from thefollowing sectors:Industrial, commercial and financialsectors 200The professions 200Labour, social services, religious and othersectors 200Members of the Legislative Council,representatives ofdistrict-based organizations, Hong Kong deputiestothe National People's Congress, andrepresentativesof Hong Kong members of the National Committeeofthe Chinese People's Political ConsultativeConference 200The term of office of the Election Committeeshall be five years.
3. The delimitation of thevarious sectors, the organizations in eachsector eligible to return Election Committeemembers and the number ofsuch members returned by each of theseorganizations shall be prescribedby an electoral law enacted by the Hong KongSpecial Administrative Regionin accordance with the principles of democracyand openness.Corporate bodies in various sectors shall, ontheir own, elect members tothe Election Committee, in accordance with thenumber of seats allocatedand the election method as prescribed by theelectoral law.Members of the Election Committee shall vote in their individualcapacities.
4. Candidates for the office ofChief Executive may be nominated jointlyby not less than 100 members of the ElectionCommittee.Each member may nominate only onecandidate.
5. The Election Committee shall,on the basis of the list of nominees,elect the Chief Executive designate by secret ballot on aone-person-one-vote basis. The specific election method shall beprescribed by the electoral law.
6. The first Chief Executiveshall be selected in accordance with the"Decision of the National People's Congress ofthe People's Republic ofChina on the Method for the Formationof the First Government and theFirst Legislative Council of the Hong KongSpecial Administrative Region".
7. If there is a need to amend the method for selecting the ChiefExecutives for the terms subsequent to the year2007, such amendments mustbe made with the endorsement of a two-thirdsmajority of all the membersof the Legislative Council and the consentof the Chief Executive, andthey shall be reported to the Standing Committeeof the National People'sCongress for approval.
Annex II:
Method for the Formation ofthe Legislative Council of the Hong KongSpecial Administrative Region and Its Voting ProceduresI. Method for the formation of the Legislative Council
1. The Legislative Council ofthe Hong Kong Special Administrative Regionshall be composed of 60 members ineach term. In the first term, theLegislative Council shall be formed inaccordance with the "Decision ofthe National People's Congress of the People'sRepublic of China on theMethod for the Formation of the First Governmentand the First LegislativeCouncil of the Hong Kong Special AdministrativeRegion". The compositionof the Legislative Council in thesecond and third terms shall be asfollows:
Second term
Members returned by functionalconstituencies 30Members returned by the ElectionCommittee 6Members returned by geographicalconstituenciesthrough direct elections 24
Third term
Members returned by functionalconstituencies 30Members returned by geographicalconstituenciesthrough direct elections30
2. Except in the case of the first Legislative Council, the above-mentioned Election Committee refers to the oneprovided for in Annex I ofthis Law.The division of geographicalconstituencies and the voting method fordirect elections therein; the delimitation of functional sectors andcorporate bodies, their seat allocation andelection methods;and the method for electing membersof the Legislative Council by theElection Committee shall be specified by anelectoral law introduced bythe Government of the Hong Kong SpecialAdministrative Region and passedby the Legislative Council.
II. Procedures for voting onbills and motions in the Legislative CouncilUnless otherwise provided for in this Law, theLegislative Council shalladopt the following procedures for voting onbills and motions:The passage of bills introduced by thegovernment shall require at least asimple majority vote of the members of theLegislative Council present.The passage of motions, bills or amendments togovernment bills introducedby individual members of the Legislative Councilshall require a simplemajority vote of each of the two groups of members present: membersreturned by functional constituencies and thosereturned by geographicalconstituencies through direct elections and bythe Election Committee.
III. Method for the formation ofthe Legislative Council and its votingprocedures subsequent to the year 2007With regard to the method for forming theLegislative Council of the HongKong Special Administrative Region and itsprocedures for voting on billsand motions after 2007, if there is a need toamend the provisions of thisAnnex, such amendments must be made with theendorsement of a two-thirdsmajority of all the members of the Council andthe consent of the ChiefExecutive, and they shall be reported tothe Standing Committee of theNational People's Congress for therecord.
Annex III:
National Laws to be Applied inthe Hong Kong special Administrative RegionThe following national laws shall be appliedlocally with effect from 1July 1997 by way of promulgation or legislationby the Hong Kong SpecialAdministrative Region:
1. Resolution on the Capital,Calendar, National Anthem and National Flagof the People's Republic of China.
2. Resolution on the NationalDay of the People's Republic of China.
3. Order on the National Emblem of the People's Republic of ChinaProclaimed by the Central People'sGovernment.Attached: Design of the national emblem notes ofexplanation andinstructions for use.
4. Declaration of the Governmentof the People's Republic of Chinaon the Territorial Sea.
5. Nationality Law of thePeople's Republic of China.
6. Regulations of the People'sRepublic of China Concerning DiplomaticPrivileges and Immunities.
The Design of the Regional Flagand the Design of the Regional Emblem ofthe Hong Kong Special AdministrativeRegion of the People's Republic ofChina see page 90 of this book.