HONG KONG : THE FACTS

The Basic Law

BACKGROUND General Principles: The National People’s Congress
The Sino-British Joint Declaration on the Question of Hong authorizes the HKSAR to exercise a high degree of
Kong (the Joint Declaration) was signed between the autonomy and enjoys executive, legislative and
Chinese and British Governments on December 19, 1984. independent judicial power, including that of final
It sets out, among other things, the basic policies of the adjudication, in accordance with the provisions of the
People’s Republic of China (PRC) regarding Hong Kong. Basic Law. (Basic Law (BL) Article 2)
Under the principle of ‘one country, two systems’, the The executive authorities and legislature of the
socialist system and policies shall not be practised in the HKSAR shall be composed of permanent residents of
Hong Kong Special Administrative Region (HKSAR) and Hong Kong in accordance with the relevant provisions of
Hong Kong’s previous capitalist system and life-style shall the Basic Law. (BL Article 3)
remain unchanged for 50 years. The Joint Declaration The socialist system and policies shall not be
provides that these basic policies will be stipulated in a practised in the HKSAR, and the previous capitalist
Basic Law of the HKSAR. The Basic Law of the Hong system and way of life shall remain unchanged for 50
Kong Special Administrative Region (The Basic Law) was years. (BL Article 5)
adopted on April 4, 1990 by the Seventh National People’s The laws previously in force in Hong Kong, that is, the
Congress (NPC) of the PRC. It was put into effect on common law, rules of equity, ordinances, subordinate
July 1, 1997. legislation and customary law shall be maintained, except
for any that contravene the Basic Law and subject to any
THE DOCUMENT amendment by the legislature of the HKSAR. (BL Article 8)
The Basic Law is a constitutional document for the Relationship between the Central Authorities and
HKSAR. It enshrines within a legal document the important the HKSAR: The Central People’s Government (CPG)
concepts of ‘one country, two systems’, ‘Hong Kong shall be responsible for defence and foreign affairs relating
People administering Hong Kong’ and a high degree of to the HKSAR. (BL Articles 13; 14)
autonomy. It also prescribes the various systems to be The CPG authorizes the HKSAR to conduct relevant
practised in the HKSAR. The Basic Law consists of: external affairs on its own in accordance with the Basic
(a) the body of the Basic Law which comprises a total of Law. (BL Article 13)
nine chapters with 160 articles; The HKSAR Government (HKSARG) shall be
(b) Annex I, which sets out the method for the selection responsible for the maintenance of public order in the
of the Chief Executive of the HKSAR; Region. (BL Article 14)
(c) Annex II, which sets out the method for the formation National laws shall not be applied in the HKSAR
of the Legislative Council of the HKSAR and its voting except for those listed in Annex III to the Basic Law. Laws
procedures; listed in Annex III shall be confined to those relating to
(d) Annex III, which sets out the national laws to be defence and foreign affairs as well as other matters
applied in the HKSAR; and outside the limits of the autonomy of the HKSAR. The laws
(e) designs of the regional flag and emblem of the listed in Annex III shall be applied locally by way of
HKSAR. promulgation or legislation by the HKSAR. (BL Article 18)
No department of the CPG and no province,
DRAFTING PROCESS autonomous region, or municipality directly under the
The Basic Law was drafted by a committee composed of Central Government may interfere in the affairs which the
members from both Hong Kong and the Mainland. A Basic HKSAR administers on its own in accordance with the
Law Consultative Committee formed purely by Hong Kong Basic Law. (BL Article 22)
people was established in 1985 to canvass views in Hong Protection of Rights and Freedoms: The HKSAR
Kong on the drafts. The first draft was published in April shall protect the right of private ownership of property in
1988, followed by a five-month public consultation accordance with law. (BL Article 6)
exercise. The second draft was published in February All Hong Kong residents shall be equal before the
1989, and the subsequent consultation period ended in law. Permanent residents of the HKSAR shall have the
October 1989. The Basic Law was formally adopted on right to vote and the right to stand for election in
April 4, 1990 by the NPC, together with the designs of the accordance with law. (BL Articles 25; 26)
flag and emblem of the HKSAR. The freedom of the person of Hong Kong residents
shall be inviolable. (BL Article 28)
BLUEPRINT FOR THE HKSAR Hong Kong residents shall have, among other things,
The Basic Law provides the blueprint for the development freedom of speech, of the press and of publication;
of the HKSAR. Major provisions which set out the basic freedom of association, of assembly, of procession, of
policies of the PRC regarding the HKSAR are described demonstration, of communication, of movement, of
below. conscience, of religious belief, and of marriage; and the
right and freedom to form and join trade unions, and to The Hong Kong dollar, as the legal tender in the
strike. (BL Articles 27-38) HKSAR, shall continue to circulate. The authority to issue
The provisions of the International Covenant on Civil the currency shall be vested in the HKSARG. (BL Article
and Political Rights, the International Covenant on 111)
Economic, Social and Cultural Rights, and international The HKSAR shall pursue the policy of free trade and
labour conventions as applied to Hong Kong shall remain safeguard the free movement of goods, intangible assets
in force and shall be implemented through the laws of the and capital. (BL Article 115)
HKSAR. (BL Article 39) The HKSAR shall be authorised by the CPG to
Political Structure: The Executive Authorities: The continue to maintain a shipping register and issue related
Chief Executive of the HKSAR shall be a Chinese citizen certificates under the name ‘Hong Kong, China’. Private
of not less than 40 years of age who is a permanent shipping businesses and shipping-related businesses and
resident of the HKSAR with no right of abode in any private container terminals in the HKSAR may continue to
foreign country and has ordinarily resided in Hong Kong operate freely. (BL Articles 125; 127)
for a continuous period of not less than 20 years. (BL The HKSAR shall continue the previous system of
Article 44) civil aviation management in Hong Kong and keep its own
The Chief Executive shall be selected by election or aircraft register. The HKSAR may, under the authorization
through consultations held locally and be appointed by the of the CPG, negotiate and conclude air services
CPG. The method for selecting the Chief Executive shall agreements with foreign states or regions. (BL Articles
be specified in the light of the actual situation in the 129-134)
HKSAR and in accordance with the principle of gradual Education, Science, Culture, Sports, Religion,
and orderly progress. The ultimate aim is the selection of Labour and Social Services: The HKSARG shall on its
the Chief Executive by universal suffrage upon nomination own formulate policies on the development and
by a broadly representative nominating committee in improvement of education, science and technology,
accordance with democratic procedures. (BL Article 45) culture, sports, social welfare and labour. (BL Articles 136-
The HKSARG must abide by the law and be 147)
accountable to the Legislative Council of the HKSAR: it Non-governmental organizations in fields such as
shall implement laws passed by the Council and already in education, science, technology, culture, art, sports, the
force; it shall present regular policy addresses to the professions, medicine and health, labour, social welfare
Council; it shall answer questions raised by members of and social work as well as religious organizations in the
the Council; and it shall obtain approval from the Council HKSAR may maintain and develop relations with their
for taxation and public expenditure. (BL Article 64) counterparts in foreign countries and regions and with
ŠThe Legislature: The Legislative Council of the relevant international organizations. They may, as
HKSAR shall be constituted by election. The method for required, use the name ‘Hong Kong, China’ in the relevant
forming the Legislative Council shall be specified in the activities. (BL Article 149)
light of the actual situation in the HKSAR and in External Affairs: The HKSAR may on its own, using
accordance with the principle of gradual and orderly the name ‘Hong Kong, China’, maintain and develop
progress. The ultimate aim is the election of all the relations and conclude and implement agreements with
members of the Legislative Council by universal suffrage. foreign states and regions and relevant international
(BL Article 68) organizations in the appropriate fields, including the
The powers and functions to be exercised by the economic, trade, financial and monetary, shipping,
Legislative Council of the HKSAR mainly include, to: communications, tourism, cultural and sports fields. (BL
— enact, amend or repeal laws; Article 151)
— examine and approve budgets introduced by the Representatives of the HKSARG may, as members of
Government; delegations of the PRC, participate in international
— approve taxation and public expenditure; organizations or conferences in appropriate fields limited
— raise questions on the work of the Government; to states and affecting the HKSAR, or may attend in such
— debate any issue concerning public interests; other capacity as may be permitted by the CPG and the
— endorse the appointment and removal of the international organization or conference concerned, and
judges of the Court of Final Appeal and the Chief may express their views, using the name ‘Hong Kong,
Judge of the High Court. (BL Article 73) China’. The HKSAR may also, using the name ‘Hong
ŠThe Judiciary: The power of final adjudication of the Kong, China’, participate in international organizations and
HKSAR shall be vested in the Court of Final Appeal of the conferences not limited to states. (BL Article 152)
HKSAR, which may as required invite judges from other The application to the HKSAR of international
common law jurisdictions to sit on the Court of Final agreements to which the PRC is or becomes a party shall
Appeal. (BL Article 82) be decided by the CPG, in accordance with the
The courts of the HKSAR shall exercise judicial power circumstances and needs of the HKSAR, and after
independently, free from any interference. (BL Article 85) seeking the views of the HKSARG. International
The principle of trial by jury previously practised in agreements to which the PRC is not a party but which are
Hong Kong shall be maintained. Anyone who is lawfully implemented in Hong Kong may continue to be
arrested shall have the right to a fair trial by the judicial implemented in the HKSAR. The CPG shall, as necessary,
organs without delay and shall be presumed innocent until authorize or assist the HKSARG to make appropriate
convicted by the judicial organs. (BL Articles 86; 87) arrangements for the application to the HKSAR of other
The HKSAR may, through consultations and in relevant international agreements. (BL Article 153)
accordance with law, maintain juridical relations with the
judicial organs of other parts of the PRC, and they may INTERPRETATION AND AMENDMENT OF THE
render assistance to each other. With the assistance or BASIC LAW
authorization of the CPG, the HKSARG may also make The power of interpretation of the Basic Law shall be
appropriate arrangements with foreign states for reciprocal vested in the Standing Committee of the National People’s
juridical assistance. (BL Articles 95; 96) Congress (SCNPC). The SCNPC shall authorize the
Economy: The HKSAR remains a free port, a courts of the HKSAR to interpret on their own, in
separate customs territory and an international financial adjudicating cases, the provisions of the Basic Law which
centre. Its markets for foreign exchange, gold, securities are within the limits of the autonomy of the HKSAR. The
and futures shall continue. There shall be free flow of courts of the HKSAR may also interpret other provisions of
capital. (BL Articles 109; 112; 114; 116) the Basic Law in adjudicating cases. However, if the courts
of the HKSAR, in adjudicating cases, need to interpret the seek an interpretation of the relevant provisions from the
provisions of the Basic Law concerning affairs which are SCNPC through the Court of Final Appeal of the HKSAR.
the responsibility of the CPG, or concerning the (BL Article 158)
relationship between the Central Authorities and the The power of amendment of the Basic Law shall be
HKSAR, and if such interpretation will affect the judgments vested in the NPC. No amendment to the Basic Law shall
on the cases, the courts of the HKSAR shall, before contravene the established basic policies of the PRC
making their final judgments which are not appealable, regarding Hong Kong. (BL Article 159)

Published by the Information Services Department, The Basic Law Home Page address:
Hong Kong Special Administrative Region Government http://www.basiclaw.gov.hk December 2015
GovHK Website: http://www.gov.hk
Information contained in this publication may be freely used.
No acknowledgement is necessary.