BASIC LAW OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION OF THE PEOPLE’S REPUBLIC OF CHINA
The National People’s Congress Order of the President of the People’s Republic of China No.26 The Basic Law of the Hong Kong Special Administrative Region of the People’s Republic of China which is composed of the Method for President of the People’s Republic of China Yang ShangKun April 4, 1990 Basic Law of the Hong Kong Special Administrative Region of the People’s Republic of China ContentsPreamble Chapter I General Principles Chapter II Relationship Between the Central Authorities and the Hong Kong Special Administrative Region Chapter III Fundamental Rights and Duties of the Residents Chapter IV Political Structure Section 1 The Chief Executive Section 2 The Executive Authorities Section 3 The Legislature Section 4 The Judiciary Section 5 District Organizations Section 6 Public Servants Chapter V Economy Section 1 Public Finance, Monetary Affairs, Trade, Industry and Commerce Section 2 Land Leases Section 3 Shipping Section 4 Civil Aviation Chapter VI Education, Science, Culture, Sports, Religion, Labour and Social Services Chapter VII External Affairs Chapter VIII Interpretation and Amendment of the Basic Law Chapter IX Supplementary Provisions Attachment I Method for the Selection of the Chief Executive of the Hong Kong Special Administrative Region Attachment II Method for the Formation of the Legislative Council of the Hong Kong Attachment III National Laws to be Applied in the Hong Kong Special Administrative Region Preamble Hong Kong has been part of the territory of China since ancient times; it was occupied by Britain after the Opium War in 1840. On Upholding national unity and territorial integrity, maintaining the prosperity and stability of Hong Kong, and taking account of its In accordance with the Constitution of the People’s Republic of China, the National People’s Congress hereby enacts the Basic Law Chapter I General Principles Article 1 The Hong Kong Special Administrative Region is an inalienable part of the people’s Republic of China. Article 2 The National People’s Congress authorizes the Hong Kong Special Administrative Region to exercise a high degree of autonomy and enjoy Article 3 The executive authorities and legislature of the Hong Kong Special Administrative Region shall be composed of permanent residents Article 4 The Hong Kong Special Administrative Region shall safeguard the rights and freedoms of the residents of the Hong Kong Special Administrative Article 5 The socialist system and policies shall not be practised in the Hong Kong Special Administrative Region, and the previous capitalist Article 6 The Hong Kong Special Administrative Region shall protect the right of private ownership of property in accordance with law. Article 7 The land and natural resources within the Hong Kong Special Administrative Region shall be State property. The Government of the Hong Article 8 The laws previously in force in Hong Kong, that is, the common law, rules of equity, ordinances, subordinate legislation and customary Article 9 In addition to the Chinese language, English may also be used as an official language by the executive authorities, legislature and Article 10 Apart from displaying the national flag and national emblem of the People’s Republic of China, the Hong Kong Special Administrative The regional flag of the Hong Kong Special Administrative Region is a red flag with a bauhinia highlighted by five star-tipped stamens. The regional emblem of the Hong Kong Special Administrative Region is a bauhinia in the centre highlighted by five star-tipped stamens Article 11 In accordance with Article 31 of the Constitution of the People’s Republic of China, the systems and policies practised in the Hong No law enacted by the legislature of the Hong Kong Special Administrative Region shall contravene this Law. Chapter II Relationship Between the Central Authorities and the Hong Kong Special Administrative Region Article 12 The Hong Kong Special Administrative Region shall be a local administrative region of the People’s Republic of China, which shall Article 13 The Central People’s Government shall be responsible for the foreign affairs relating to the Hong Kong Special Administrative Region. The Ministry of Foreign Affairs of the People’s Republic of China shall establish an office in Hong Kong to deal with foreign affairs. The Central People’s Government authorizes the Hong Kong Special Administrative Region to conduct relevant external affairs on its Article 14 The Central People’s Government shall be responsible for the defence of the Hong Kong Special Administrative Region. The Government of the Hong Kong Special Administrative Region shall be responsible for the maintenance of public order in the Region. Military forces stationed by the Central People’s Government in the Hong Kong Special Administrative Region for defence shall not The Government of the Hong Kong Special Administrative Region may, when necessary, ask the Central People’s Government for assistance In addition to abiding by national laws, members of the garrison shall abide by the laws of the Hong Kong Special Administrative Region. Expenditure for the garrison shall be borne by the Central People’s Government. Article 15 The Central People’s Government shall appoint the Chief Executive and the principal officials of the executive authorities of the Article 16 The Hong Kong Special Administrative Region shall be vested with executive power. It shall, on its own, conduct the administrative Article 17 The Hong Kong Special Administrative Region shall be vested with legislative power. Laws enacted by the legislature of the Hong Kong Special Administrative Region must be reported to the Standing Committee of the National If the Standing Committee of the National People’s Congress, after consulting the Committee for the Basic Law of the Hong Kong Special Article 18 The laws in force in the Hong Kong Special Administrative Region shall be this Law, the laws previously in force in Hong Kong as provided National laws shall not be applied in the Hong Kong Special Administrative Region except for those listed in Attachment III to this The Standing Committee of the National People’s Congress may add to or delete from the list of laws in Attachment III after consulting In the event that the Standing Committee of the National People’s Congress decides to declare a state of war or, by reason of turmoil Article 19 The Hong Kong Special Administrative Region shall be vested with independent judicial power, including that of final adjudication. The courts of the Hong Kong Special Administrative Region shall have jurisdiction over all cases in the Region, except that the restrictions The courts of the Hong Kong Special Administrative Region shall have no jurisdiction over acts of state such as defence and foreign Article 20 The Hong Kong Special Administrative Region may enjoy other powers granted to it by the National People’s Congress, the Standing Committee Article 21 Chinese citizens who are residents of the Hong Kong Special Administrative Region shall be enpost_titled to participate in the management Article 22 No department of the Central People’s Government and no province, autonomous region, or municipality directly under the Central Government If there is a need for departments of the Central Government, or for provinces, autonomous regions, or municipalities directly under All offices set up in the Hong Kong Special Administrative Region by departments of the Central Government, or by provinces, autonomous For entry into the Hong Kong Special Administrative Region, people from other parts of China must apply for approval. Among them, The Hong Kong Special Administrative Region may establish an office in Beijing. Article 23 The Hong Kong Special Administrative Region shall enact laws on its own to prohibit any act of treason, secession, sedition, subversion Chapter III Fundamental Rights and Duties of the Residents Article 24 Residents of the Hong Kong Special Administrative Region (“Hong Kong residents”) shall include permanent residents and non-permanent The permanent residents of the Hong Kong Special Administrative Region shall be: (1) Chinese citizens born in Hong Kong before or after the establishment of the Hong Kong Special Administrative Region; (2) Chinese citizens who have ordinarily resided in Hong Kong for a continuous period of not less than seven years before or after the (3) Persons of Chinese nationality born outside Hong Kong of those residents listed in categories (1) and (2); (4) Persons not of Chinese nationality who have entered Hong Kong with valid travel documents, have ordinarily resided in Hong Kong for (5) Persons under 21 years of age born in Hong Kong of those residents listed in category (4) before or after the establishment of the (6) Persons other than those residents listed in categories (1) to (5), who, before the establishment of the Hong Kong Special Administrative The above-mentioned residents shall have the right of abode in the Hong Kong Special Administrative Region and shall be qualified The non-permanent residents of the Hong Kong Special Administrative Region shall be persons who are qualified to obtain Hong Kong Article 25 All Hong Kong residents shall be equal before the law. Article 26 Permanent residents of the Hong Kong Special Administrative Region shall have the right to vote and the right to stand for election Article 27 Hong Kong residents shall have freedom of speech, of the press and of publication; freedom of association, of assembly, of procession Article 28 The freedom of the person of Hong Kong residents shall be inviolable. No Hong Kong resident shall be subjected to arbitrary or unlawful arrest, detention or imprisonment. Arbitrary or unlawful search Article 29 The homes and other premises of Hong Kong residents shall be inviolable. Arbitrary or unlawful search of, or intrusion into, a resident’s Article 30 The freedom and privacy of communication of Hong Kong residents shall be protected by law. No department or individual may, on any Article 31 Hong Kong residents shall have freedom of movement within the Hong Kong Special Administrative Region and freedom of emigration to Article 32 Hong Kong residents shall have freedom of conscience. Hong Kong residents shall have freedom of religious belief and freedom to preach and to conduct and participate in religious activities Article 33 Hong Kong residents shall have freedom of choice of occupation. Article 34 Hong Kong residents shall have freedom to engage in academic research, literary and artistic creation, and other cultural activities. Article 35 Hong Kong residents shall have the right to confidential legal advice, access to the courts, choice of lawyers for timely protection Hong Kong residents shall have the right to institute legal proceedings in the courts against the acts of the executive authorities Article 36 Hong Kong residents shall have the right to social welfare in accordance with law. The welfare benefits and retirement security of Article 37 The freedom of marriage of Hong Kong residents and their right to raise a family freely shall be protected by law. Article 38 Hong Kong residents shall enjoy the other rights and freedoms safeguarded by the laws of the Hong Kong Special Administrative Region. Article 39 The provisions of the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural The rights and freedoms enjoyed by Hong Kong residents shall not be restricted unless as prescribed by law. Such restrictions shall Article 40 The lawful traditional rights and interests of the indigenous inhabitants of the “New Territories” shall be protected by the Hong Article 41 Persons in the Hong Kong Special Administrative Region other than Hong Kong residents shall, in accordance with law, enjoy the rights Article 42 Hong Kong residents and other persons in Hong Kong shall have the obligation to abide by the laws in force in the Hong Kong Special Chapter IV Political Structure Section 1 The Chief Executive Article 43 The Chief Executive of the Hong Kong Special Administrative Region shall be the head of the Hong Kong Special Administrative Region The Chief Executive of the Hong Kong Special Administrative Region shall be accountable to the Central People’s Government and the Article 44 The Chief Executive of the Hong Kong Special Administrative Region shall be a Chinese citizen of not less than 40 years of age who Article 45 The Chief Executive of the Hong Kong Special Administrative Region shall be selected by election or through consultations held locally The method for selecting the Chief Executive shall be specified in the light of the actual situation in the Hong Kong Special Administrative The specific method for selecting the Chief Executive is prescribed in Attachment I “Method for the Selection of the Chief Executive Article 46 The term of office of the Chief Executive of the Hong Kong Special Administrative Region shall be five years. He or she may serve Article 47 The Chief Executive of the Hong Kong Special Administrative Region must be a person of integrity, dedicated to his or her duties. The Chief Executive, on assuming office, shall declare his or her assets to the Chief Justice of the Court of Final Appeal of the Article 48 The Chief Executive of the Hong Kong Special Administrative Region shall exercise the following powers and functions: (1) To lead the government of the Region; (2) To be responsible for the implementation of this Law and other laws which, in accordance with this Law, apply in the Hong Kong Special (3) To sign bills passed by the Legislative Council and to promulgate laws; To sign budgets passed by the Legislative Council and report the budgets and final accounts to the Central People’s Government for (4) To decide on government policies and to issue executive orders; (5) To nominate and to report to the Central People’s Government for appointment the following principal officials: Secretaries and Deputy (6) To appoint or remove judges of the courts at all levels in accordance with legal procedures; (7) To appoint or remove holders of public office in accordance with legal procedures; (8) To implement the directives issued by the Central People’s Government in respect of the relevant matters provided for in this Law; (9) To conduct, on behalf of the Government of the Hong Kong Special Administrative Region, external affairs and other affairs as authorized (10) To approve the introduction of motions regarding revenues or expenditure to the Legislative Council; (11) To decide, in the light of security and vital public interests, whether government officials or other personnel in charge of government (12) To pardon persons convicted of criminal offences or commute their penalties; and (13) To handle petitions and complaints. Article 49 If the Chief Executive of the Hong Kong Special Administrative Region considers that a bill passed by the Legislative Council is not Article 50 If the Chief Executive of the Hong Kong Special Administrative Region refuses to sign a bill passed the second time by the Legislative The Chief Executive must consult the Executive Council before dissolving the Legislative Council. The Chief Executive may dissolve Article 51 If the Legislative Council of the Hong Kong Special Administrative Region refuses to pass the budget introduced by the government, Article 52 The Chief Executive of the Hong Kong Special Administrative Region must resign under any of the following circumstances: (1) When he or she loses the ability to discharge his or her duties as a result of serious illness or other reasons; (2) When, after the Legislative Council is dissolved because he or she twice refuses to sign a bill passed by it, the new Legislative (3) When, after the Legislative Council is dissolved because it refuses to pass a budget or any other important bill, the new Legislative Article 53 If the Chief Executive of the Hong Kong Special Administrative Region is not able to discharge his or her duties for a short period, In the event that the office of Chief Executive becomes vacant, a new Chief executive shall be selected within six months in accordance Article 54 The Executive council of the Hong Kong Special Administrative Region shall be an organ for assisting the Chief Executive in policy-making. Article 55 Members of the Executive Council of the Hong Kong Special Administrative Region shall be appointed by the Chief Executive from among Members of the Executive Council of the Hong Kong Special Administrative Region shall be Chinese citizens who are permanent residents The Chief Executive may, as he or she deems necessary, invite other persons concerned to sit in on meetings of the Council. Article 56 The Executive Council of the Hong Kong Special Administrative Region shall be presided over by the Chief Executive. Except for the appointment, removal and disciplining of officials and the adoption of measures in emergencies, the Chief Executive If the Chief Executive does not accept a majority opinion of the Executive Council, he or she shall put the specific reasons on record. Article 57 A Commission Against Corruption shall be established in the Hong Kong Special Administrative Region. It shall function independently Article 58 A Commission of Audit shall be established in the Hong Kong Special Administrative Region. It shall function independently and be Section 2 The Executive Authorities Article 59 The Government of the Hong Kong Special Administrative Region shall be the executive authorities of the Region. Article 60 The head of the Government of the Hong Kong Special Administrative Region shall be the Chief Executive of the Region. A Department of Administration, a Department of Finance, a Department of Justice, and various bureaux, divisions and commissions shall Article 61 The principal officials of the Hong Kong Special Administrative Region shall be Chinese citizens who are permanent residents of the Article 62 The Government of the Hong Kong Special Administrative Region shall exercise the following powers and functions: (1) To formulate and implement polici |