The basic law is a constitutional document for the hksar. Questions concerning the approach to restrictions on parallel basic law rights, ie basic law rights that have a parallel right in the iccpr as applied to hong kong, have yet to be determined. Bahadur concerned the right of residents to travel and enter hong kong, which is found in the basic law but not in the. The recent debate about interpretation of article 46 of the basic law has caused great concern among members of the hong kong law society. The joint committee for the promotion of the basic law of hong kong organised a quiz on the basic law, held on 15 august. Although it is far from clear how far the drafters of the hong kong basic law ever intended a system of separation of powers to be practiced in hong kong, that is how the hong kong courts have interpreted the effect of the provisions in that constitutional document, the hong kong basic law. The hong kong chief executive, who, by virtue of article 43 of the hk basic law, heads the hong kong sar, represents the sar and shall be. Article 158 of the basic law grants the npcsc the power to interpret the lawbut only under three criteria, writes cora chan, associate professor of law at the university of hong kong. Interpretation of basic law in hk s interest china daily updated. First, article 24 defines who are hong kong residents, which primarily includes anyone born in hong kong as well as anyone who has legally resided in. The government has said that amendments to the basic law cannot be used as a means to achieve hong kong independence. Garrisoning of the hong kong special administrative region.
Mar 16, 2011 hong kongs basic law sits above all laws of the territory and is unique and important to both hong kong and china. At the time of the drafting of the basic law this was intended to be protective of civil rights in that it placed responsibility for drafting these laws with the hong kong government. The basic law further provides that the laws previously in force in hong kong, including the common law, rules of equity, ordinances, subordinate legislation and customary law shall be maintained. The library was opened on 20 december 2004 and is managed by the hong kong public libraries, leisure and cultural services department. Article 105 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. Resolution on the capital, calendar, national anthem and national flag of the peoples republic of china. Basic law drafting history online bldho is an online resource providing information and materials from the drafting history of hong kongs constitution, the basic law of the hong kong special administrative region of the peoples republic of china. Basic law of the hong kong special administrative region. C c l w 4 0 0 3 aims and objective this course covers. Public finance, monetary affairs, trade, industry and commerce.
The basic law library located at the 5f of city hall public library has an area of about 210m2. Pdf the hong kong basic law handbook 2nd edition stuart. Decree of the president of the peoples republic of china. Heres one big difference between the two basic laws. Common recruitment examination and basic law test degree professional grades cre and blt the coming cre and blt. Basic law cannot be changed to accommodate hong kong. Its primary aim is to promote greater awareness and knowledge of the basic law within the civil service. The hong kong special administrative region shall enact laws on its own to.
Hong kong special administrative region 53 instrument 1 decision of the standing committee of the national peoples congress on approving the amendment to annex i to the basic law of the hong kong special administrative region of the peoples republic of china. To print the whole chapter in html, please click at the bottom of the toc panel and then click. In other words, the basic law is the sars constitutional law, drawn up by the national peoples. Common recruitment examination and basic law test degree. All of the participants answered the questions expeditious and accurately. Law of the peoples republic of china on the exclusive economic zone and the continental shelf. Nov 30, 2014 hong kong basic law article 23 is the basis of a security law proposed by the government of hong kong. It states that the chief executive should be chosen by universal suffrage upon nomination by a broadly representative nominating committee as an eventual goal. Home affairs bureau, the committee on the promotion of civic education and the basic law promotion steering committee are organising basic law quiz competition 201920.
Please set the page orientation to landscape for printing of bilingual texts on a single page. Wikipedia article, wikidata item adopted at the third session of the seventh national peoples congress on april 4, 1990, promulgated by order no. It is published in support of the work of the basic law promotion steering committee. Different searching and viewing modes are available to facilitate access to law. Articles 24 through 42 of the hong kong basic law set out the fundamental human rights and citizen obligations of all hong kong residents. Hong kong elegislation hkel is the official database of hong kong legislation. Introduction to the hong kong basic law by danny gittings. A former journalist, he regularly hosts backchat, rthks main english. How chinas constitution ensured that the basic law remains. It also prescribes the various systems to be practised in the hksar. The basic law assessment web senior primary is set up for teachers to download.
Separation of powers under the hk basic law by danny gittings. Feb 02, 2016 heres one big difference between the two basic laws. The basic policies of the peoples republic of china regarding hong kong have. Including both chinese and english versions of hong kong basic law context. View notes chapter 1 hong kong legal system and basic law tutorial answers from law 1024 at community college of city university. There is some controversy about the nature of the law. Web on assessment for basic law education junior secondary based on the understanding the law, access to justice basic law learning package junior secondary reprinted with minor amendments in 2015, examination papers for assessment have been designed. The basic law library is a joint project of the leisure and cultural services department and the basic law institute. Feb 20, 2017 information about this edition sister projects. The hong kong basic law lexisnexis hong kong store. Under article 159 of the basic law, all amendments must be approved by a 23 vote of the hong kong legco, and no amendment may contravene the established basic policies of the peoples republic. Instrument a101 the basic law of the hong kong special. Basic law, was the subject of an intetpretation made by the standing committee of the national peoples congress in 2016. Law of the peoples republic of china on judicial immunity from compulsory measures concerning the assets of foreign central banks.
Although it is far from clear how far the drafters of the hong kong basic law ever intended a system of separation of powers to be practiced in hong kong, that is how the hong kong courts have interpreted the effect of the provisions in that constitutional document, the. Teams were formed by students and members of the public. Basic law vital to hks success and stability opinion. Stephen lam, hong kongs secretary for constitutional affairs, said on saturday that chinas top legislatures. The basic law of the hong kong special administrative region of the peoples republic of. It enshrines within a legal document the important concepts of one country, two systems, hong kong people administering hong kong and a high degree of autonomy.
Dancing in fetters ng ka ling case and the rule of law in hong kong introduction. In bahadur v director of immigration, the court of final appeal considered the question of whether rights found in hong kongs constitution, the basic law, are subject to restrictions. The basic law bulletin is published jointly by the department of justice, the civil service bureau and the constitutional and mainland affairs bureau. Main text the origins of separation of powers are often traced back to the writings of the ancient greek philosopher aristotle. The laws previously in force in hong kong, that is, the common law, rules of equity, ordinances, subordinate legislation and customary law shall. Administrative region hksar shall enact laws on its own to prohibit any act of treason. Hong kongs basic law sits above all laws of the territory and is unique and important to both hong kong and china. It is the position of the peoples republic of china and most legal experts in mainland china, that the hong kong basic law derives its authority from the constitution of the peoples republic of china and that as such it is a domestic law which could in principle be revoked and amended by the prc. It is argued here that these rights and their possible restrictions should have an autonomous interpretation and not have to conform to the minimum.
The basic law is a constitutional document of the hong kong special. Latest news on hong kong basic law, including hong kong protests and hong kong democracy. Law of the peoples republic of china on the garrisoning of the hong kong special administrative region. What is the difference between the basic law of the macau.
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. How chinas constitution ensured that the basic law. The content covers all chapters of the basic law, its development and the relationship between constitution and the basic law. Comprising nine chapters, 160 articles and three annexes, the basic law was adopted on 4 april 1990 by the seventh national peoples. Please set the page orientation to landscape for printing of. Article 23 of the hong kong basic law stipulates that the hong kong special administrative region shall enact laws on its own to protect national security. Law of the peoples republic of china on the territorial sea and the contiguous zone.
The basic law of the hong kong special administrative region of the peoples republic of china. What is the difference between the basic law of the macau sar. Chapter 1 hong kong legal system and basic law tutorial. The basic policies of the peoples republic of china regarding hong kong have been. My reading of article 46 is that it is clear and unambiguous. Table of hong kong basic law provisions and related documents xvii table of other legislation and international agreements, conventions xxiii and treaties chapter 1 introduction 1 chapter 2 birth of the hong kong basic law 9 2. It provides free online access to current and past versions of consolidated legislation dating back to 30 june 1997 and pdf copies marked verified copy have official legal status. The chinese university of hong kong faculty of law research paper no.
Basic law drafting history online university of hong kong. Overview countries keys persons organizations links download synonyms. These laws cannot contravene the basic law, and are subject to any amendments made by the legislature of. Article 23 of the basic law stipulates that the hong kong special. The setting up of hong kong as a special administrative region under article 3 of chinas constitution and the statements of officials at the time make it clear that in the territory, the basic. Bldho is a joint project of the centre for comparative and public law and the hku libraries. Chinas constitution and the basic law are the joint basis of the rule of law in hong kong. Hong kongs final appellate court has stated that article 674 of the chinese constitution and article 1581 of the basic law gives the npcsc a freestanding and plenary power of. The basic law and democratization in hong kong liberal constitutional agenda, putting the basic law and hong kongs high degree of autonomy at risk. The judiciary announced today may 14 that in line with the reopening of court registries and offices in a staggered and progressive manner starting from may 6, registries and accounts offices of the magistrates courts, the coroners court and the obscene articles tribunal will reopen on may 19 tuesday, while those of the small claims tribunal and the labour tribunal will reopen on. Resolution on the national day of the peoples republic of china. Hong kong basic law article 23 is the basis of a security law proposed by the government of hong kong.
Separation of powers under the hk basic law by danny. 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. If the chapter is also available in rtf format, you may go straight to the download area at the bottom of the page to download and print the whole chapter rtf copy. Ng ka ling case is not the first constitutional case that the hong kong court employed its judicial interpretation to interpret the basic law of the hong kong special administrative region of the peoples republic of china basic law.
Participants shall, according to their specific category family, senior primary school, secondary. The proposal to implement article 23 of the basic law in hong kong. Aug 06, 2018 the setting up of hong kong as a special administrative region under article 3 of chinas constitution and the statements of officials at the time make it clear that in the territory, the basic. Since coming into effect in 1997, when the china resumed sovereignty over this special administrative region, hong kongs jurisprudence has been shaped by decisions touching upon diverse areas including the criminal process, fair hearings, property rights, human rights and even. Hong kong courts should reject beijings basic law ruling. Article 23 of the hong kong basic law provides that the hong kong special administrative region shall enact laws on its own to prohibit any act of treason, secession, sedition, subversion against the central peoples government, or theft of state secrets, to prohibit foreign political organizations or bodies from conducting political activities in the region, and to prohibit political. The basic law of the hong kong special administrative region of the peoples republic of china adopted at the third session of the seventh national peoples congress on 4 april 1990 promulgated by order no. Council member ip shing hing was one of the panel judges. Chen, comment, how hong kong law will change when article 23 of the basic law is implemented.
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