It enshrines within a legal document the important concepts of one country, two. The basic law is a constitutional document for the. Sar urged to firmly adhere to basic law hong kong china daily. 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.
Introduction to the hong kong basic law by danny gittings. The rights and freedoms of hong kong residents are safeguarded by the rule of law, an independent judiciary, legal aid, and a free and active press. Introduction to the hong kong basic law chinese journal. Interpretation of article 104 of the basic law of the hong. Introduction to the hong kong basic law 1st edition by.
The basic law is a constitutional document for the hksar. Hong kong still ranks high in a global index of rule of law. Hong kongs basic law is a constitution with chinese. It will be argued that in the hong kong context, courts are under an obligation to develop the common law with a view to achieving maximum consistency with the hong kong basic law, even when a purely private dispute is involved. Horizontal effect of the hong kong basic law hin ting liu. It was passed in 1990 under the authority conferred on the npc by article 31 of the chinese constitution allowing for the creation of special administrative regions within the peoples republic of china. Rule of law hong kong has a wellestablished and trusted legal system based on the common law. The hong kong special administrative region has been urged to faithfully adhere to its basic law, as the legal document guarantees the practice of one country, two systems a principle hong kong relies on to thrive after returning to the motherland in 1997. Since the protests have subsided with the threat of the coronavirus, prodemocracy leaders have been preparing to. The basic law of the hong kong special administrative region. This chapter explores the overall implementation of the basic law in hong kong and discusses the developing conventions prevailing in the beijinghksar relations. Beijings recent intrusions into the territorys autonomy. The basic law best safeguard for hks prosperity and.
Apr 14, 2020 as required in article 23 of the basic law, the citys constitutional document, hong kong shall enact laws on its own to prohibit any act of treason, secession, sedition, subversion or theft of state secrets, to prohibit foreign political organizations or bodies from conducting political activities in hong kong, and to prohibit local. W hen considering hong kong in relation to international law and chinese. Hong kongs basic law is a law of the national peoples congress npc. Further statement of the hong kong bar association on article. The rule of law and an independent judiciary, which are held dearly by hong kong people, are constitutionally protected. Immediately pass the hong kong human rights and democracy act. 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 the basic law and subject to any amendment by the legislature of the hksar. The us congress should immediately pass the hong kong human rights and democracy act s. Nov 03, 2018 a book published by hong kong university press introducing the hong kong basic law, the citys miniconstitution, during the hong kong book fair in july. It shall, on its own, conduct the administrative affairs of the region in accordance with the relevant provisions of this law.
Enacting national security law urged hong kong china daily. Two views of hong kongs basic law carnegie endowment. Chinese constitution is fundamental to hong kongs basic law. Comprising nine chapters, 160 articles and three annexes, the basic law was adopted on 4 april 1990 by the seventh national peoples. Danny gittings, an introduction to the hong kong basic law hong kong university press, 2009 3. Law of the peoples republic of china on judicial immunity from compulsory measures concerning the assets of foreign central banks. Jun, 2018 introduction to the hong kong basic law hong kong university press, 2016 university of hong kong faculty of law research paper no. Latest news on hong kong basic law, including hong kong protests and hong kong democracy.
April 4, 1990 general principles the hksar has a high. Sep 30, 2019 the sinobritish joint declaration of 1984 dictated the terms under which hong kong was returned to china. National laws to be applied in the hong kong special administrative region the following national laws shall be applied locally with effect from 1 july 1997 by way of promulgation or legislation. Apr 15, 2020 as required in article 23 of the basic law, hong kong shall enact laws on its own to prohibit any act of treason, secession, sedition, subversion or theft of state secrets, to prohibit foreign political organizations or bodies from conducting political activities in hong kong, and to prohibit local political groups from establishing ties with. Basic law of the hong kong special administrative region of the peoples republic of china.
It states that the chief executive should be chosen by universal suffrage upon nomination by a broadly representative nominating committee as an eventual goal. Decree of the president of the peoples republic of china. Introduction to the hong kong basic law 2nd edition by. The basic law of the hong kong special administrative region of the people s republic of china adopted at the third session of the seventh national people s congress on april 4, 1990 2 instrument a101 the basic law of the hong kong special administrative region of the people s republic of china. Pdf the hong kong basic law handbook is the leading authority on judicial consideration of the hong kong basic law. Hk urged to enact national security law hong kong china daily. The government of the united kingdom declares that it will restore hong kong to the peoples republic of china with effect from 1 july 1997. This impressive introduction to the hong kong basic law 1 by danny gittings consists of 9 chapters and several tables and an index. 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.
This course acts as a foundation block for the study of the other courses in the programme, since it covers general. Airport hong kong is a major international and regional aviation hub. The role of the hong kong basic law during the global financial crisis eric c ip the global financial crisis of 20072009 inflicted an unprecedented catastrophe on hong kong amongst many other economies. The book is based on my phd thesis, with expansions to cover comprehensively the chronological. Jan 17, 2014 this introduction traces the origins of the hong kong basic law and the concepts and legal issues that surround it. Hong kong on the 30th anniversary of the basic law on saturday, legal experts, political leaders and educators called for greater efforts in educating the public and promoting the document that. Democracy in hong kong council on foreign relations. According to the basic law, the hksar may also use the regional flag and the regional emblem. By evaluating the content of the basic law and its implementation, the new practices and conventions in the beijinghksar relations can be defined and outlined. Full text of the constitution and the basic law pda index. This is chapter 1 of my book entitled judicial construction of hong kong s basic law. Basic law full text pda chapter 3 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 nonpermanent residents. The hong kong governments push for extradition legislation comes at the same time china is accelerating its encroachment on the territorys autonomy and freedoms guaranteed under the one country, two systems policy and the basic law, hong kongs mini constitution. It also prescribes the various systems to be practised in the hksar.
Students learn the definition of permanent residents of hong kong through information analysis. Full text of the constitution and the basic law index. Hong kongs proposed extradition bill could extend beijings. Pdf introduction to the hong kong basic law 2nd edition. Implementation of the basic law hong kong scholarship. Instrument a101 the basic law of the hong kong special administrative region of the peoples republic of china. The basic law of the hong kong special administrative region of the peoples republic of china one country two systems economic research institute or other editions. The hong kong special administrative region shall be vested with executive power. The laws previously in force in hong kong, that is, the common law, rules of equity, ordinances, subordinate legislation and customary law shall. National peoples congress hereby enacts the basic law of the hong kong special administrative region of the peoples republic of china, prescribing the systems to be practised in the hong kong special administrative region, in order to ensure. The declaration and hong kongs basic law, the citys constitutional document.
Hong kong courts may also interpret the basic law when adjudicating cases, when the provisions addressed are within hong kong s autonomy. Drawing on the experience of the first 15 years, it then analyses the content of the hong kong basic law, especially in relation to hong kong s political system, the judiciary, and human rights. The basic law of the hong kong special administrative region of the peoples republic of china. Under the constitutional framework of the hong kong special administrative region hksar, the basic law is a national law of the peoples republic of china prc, having been enacted by the national peoples congress pursuant to article 31 of the constitution of the prc. Students know that permanent residents of the hksar enjoy some rights. 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. The main text, spanning 314 pages, presents us with a rich introduction. Courts, politics and society after 1997 hku press, 2014.
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