63-708: The Hong Kong Special Administrative Region Basic Law Consultative Committee (BLCC; 香港基本法諮詢委員會) was an official body established in 1985 to canvass views in Hong Kong on the drafts of the Hong Kong Basic Law . The formation of the Consultative Committee was decided at the first meeting of the Hong Kong Basic Law Drafting Committee (BLDC), for consultation with the Hong Kong people on various drafts of
126-611: A conflict between "one country" and "two systems" by stating that the interests of China ("one country") should prevail over Hong Kong's constitutional autonomy ("two systems"). This ignited criticism from many people in Hong Kong, who said that the Communist leadership was undermining the Basic Law Article 8, in that it was reneging on its pledges to abide by the policy that allows for a democratic, autonomous Hong Kong under Beijing's rule. The Basic Law guarantees Hong Kong
189-480: A crime is committed across provincial or SAR borders. The current status quo is that Hong Kong will ask for the return of Hong Kong residents who have committed crimes in Hong Kong and are arrested in the mainland. A mainlander who commits a crime in Hong Kong and flees back to the mainland, however, will be tried in the mainland. In cases of concurrent jurisdiction, the Central Government has demanded that
252-644: A high degree of autonomy under Chinese rule, with the exception of foreign affairs and defence which remains the purview of the Central People's Government. Four agencies of the central government operate in Hong Kong. The Office of the Commissioner of the Ministry of Foreign Affairs was established under Article 13 of the Basic Law and began operating after the handover. The Liaison Office of
315-498: A person must love the country and love Hong Kong and that safeguards for this purpose should be provided for by the specific method of universal suffrage, without specifying what the safeguards were to be. The reform proposal encompassing this and other changes was rejected by the Legislative Council on June 18, 2015, after an ill-timed walk-out by many pro-establishment legislators. The courts of Hong Kong are given
378-425: A representative committee under democratic procedures." However, Hong Kong has yet to implement universal suffrage for the elections, because the Basic Law states that the electoral method are subject to the "actual situation" of Hong Kong and "the principle of gradual and orderly progress". Whether the 2007 chief executive election and the 2008 Legislative Council elections could be performed by universal suffrage
441-556: A shadowy 'Central Investigation Team' ("中央專案組" or "中央調查組"). Article 95 provides for mutual judicial assistance between Hong Kong and the PRC; however, serious stumbling blocks, such as capital punishment stand in the way of a formal understanding of extradition . Additionally, HKSAR authorities have ruled that Articles 6 and 7 of the PRC Criminal Code does not give Hong Kong sole jurisdiction in criminal matters, particularly when
504-542: The Executive Council , Chung Sze-yuen , who were appointed by the British colonial government. It also included a number of social activists who called for a faster pace of democratic reform, such as Lee Wing-tat and Frederick Fung . The Consultative Committee was criticised of favouring over the conservative business and professional interests, and nominating some key pro-Beijing figures. Lau Chin-shek of
567-587: The Hong Kong Basic Law . The membership of the BLCC was completely consisted of Hong Kong persons. 25 of the Hong Kong members of the Drafting Committee formed a Sponsors Committee to work on the formation of the BLCC. The five BLDC vice-chairmen residing in Hong Kong including Xu Jiatun were asked to take up the preparatory work for setting up the BLCC while the Xinhua News Agency provided
630-588: The Hong Kong Christian Industrial Committee was initially nominated by a labour joint conference to stand for selection by was turned down by Xu Jiatun on the ground that "quite a few businessmen in Hong Kong resented him." The Consultative Committee formed eight sub-groups, namely the structure of the Basic Law; the political structure; law; residents' rights and duties; finance, business, and economy; culture, science and technology, education and religion; external affairs; and
693-631: The Hong Kong West Kowloon station of the Guangzhou–Shenzhen–Hong Kong Express Rail Link was completed to include a section where mainland Chinese officials are allowed to exercise Chinese laws, an arrangement that intended to reduce the time needed for immigration. The effectiveness of Chinese law inside Hong Kong territory was challenged in the same year in the Court of First Instance. The court ruled that
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#1732779651429756-823: The Sino–British Joint Declaration was signed, the National People's Congress set up the Basic Law Drafting Committee (BLDC) in 1985, setting the basis of the transfer of sovereignty in Hong Kong from the United Kingdom to China. The committee was responsible for writing the draft Basic Law. In June 1985, the Standing Committee of the National People's Congress (NPCSC) approved the membership of
819-828: The BLDC as "subversives". Lee and Szeto had voiced support for student activists in Beijing and had led the Hong Kong Alliance in Support of Patriotic Democratic Movements in China , an organisation instrumental in assisting political dissidents leave China after the military crackdown on 4 June. The basic principles of Hong Kong's governance under Chinese sovereignty mirror those in the Sino-British Joint Declaration, and most of them are set out in
882-660: The BLDC, the BLCC was also dominated by business and professional elites. The first draft was published in April 1988 followed by a five-month public consultation. The second draft was published in February 1989, and the subsequent consultation period ended in October 1989. The Basic Law was promulgated on 4 April 1990 by the National People's Congress, together with the designs for the Regional Flag and Regional Emblem of
945-407: The BLDC, which consisted of 36 members from China and 23 members from Hong Kong, chaired by Chinese diplomat Ji Pengfei . Twelve of the 23 members from Hong Kong were connected to the city's business and industrial sectors. A Basic Law Consultative Committee (BLCC) consisting of Hong Kong community leaders was also established in 1985 to collect views in Hong Kong on the draft law. Similar to
1008-451: The Basic Law and subject to any amendment by the legislature. Article 12 declares that Hong Kong enjoys a high degree of autonomy and comes directly under the Central People's Government. Private ownership of property is also a right protected in Hong Kong. Although the Basic Law was drafted to give effect to "One Country, Two Systems", on 10 June 2014, Beijing released a policy report asserting its authority over Hong Kong that started
1071-503: The Basic Law and the one country, two systems principle. The widespread suspicion that they were under detention in mainland China was later confirmed with apparently scripted video "confessions" and assurances by the men that they were remaining in China of their own accord. In June 2016, one of the five, Lam Wing-kee , revealed in a dramatic press conference that he and the others had been held without due process and that Lee Po had indeed been illegally abducted from Hong Kong, all by
1134-685: The Basic Law are described in Article 158 and case law. According to Article 158(1), the NPCSC has the power of final interpretation. This is consistent with the NPCSC's general power to interpret Chinese national laws as provided by Article 67(4) of the Constitution of the People's Republic of China . As a national law, the Basic Law was drafted in Chinese, and its Chinese version takes precedence over
1197-428: The Basic Law is a flexible constitution and as such can be interpreted for the needs of economic integration; the arrangement of having mainland Chinese laws in Hong Kong for the purposes of customs, immigration and quarantine does not contravene the "one country, two systems" principle. Article 23 requires Hong Kong to enact local national security laws that prohibit treason, secession, sedition, subversion against
1260-561: The Basic Law. Provisions of the International Covenant on Civil and Political Rights as applied to Hong Kong when the Basic Law came into effect were allowed to remain in force. Article 45 stipulates that the Chief Executive shall be selected by election or through local consultations and be appointed by the Central People's Government, with the ultimate aim of selection by universal suffrage upon nomination by
1323-573: The Central People's Government replaced in 2000 the Hong Kong branch of Xinhua News Agency , which served as the de facto diplomatic mission of China to Hong Kong since 1947. The Hong Kong Garrison of the People's Liberation Army began operating after the handover. The Office for Safeguarding National Security was established in June 2020 under the Hong Kong National Security Law. Article 22 states that "no department of
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#17327796514291386-641: The Central People's Government and no province, autonomous region, or municipality directly under the Central Government may interfere in the affairs which the Hong Kong Special Administrative Region administers on its own in accordance with this Law". In April 2020, the provision sparked a debate after the Liaison Office and the Hong Kong and Macao Affairs Office criticised pro-democratic legislators for delaying
1449-671: The Central People's Government is responsible for or those related to the relationship between the Central government and Hong Kong, provided that the case is being heard by the CFA, that the interpretation will affect the judgments of the case, and that the CFA has sought a binding NPCSC interpretation on the matter. Business and Professional Group of the Basic Law Consultative Committee Too Many Requests If you report this error to
1512-606: The Central People’s Government". On the website of the State Council of China, a.k.a. the Central People's Government, the Hong Kong and Macao Affairs Office (国务院港澳事务办公室) and Xinhua News Agency (新华通讯社), whose Hong Kong branch was predecessor to the Liaison Office, are listed among institutions separate from the constituent departments of the State Council (国务院组成部门). Zhang Xiaoming has also said
1575-409: The Consultative Committee since they drafted the constitution of the BLCC. After almost six months of preparations, the Consultative Committee was formally established on 18 December 1985. T. K. Ann , chief opponent of the Consultative Committee and vice-chairman of the BLDC was appointed the chair of the BLCC and other members were given key positions through procedures of dubious validity. Mao Junnian,
1638-941: The Consultative Committee suspended its work for a few weeks. The BLCC ceased to exist of the Basic Law was adopted by the National People's Congress on 4 April 1990 and promulgated the same day by the President of the People's Republic of China , Yang Shangkun . List of members of the Basic Law Consultative Committee: (the list is in Chinese character order consistent with the official document) Hong Kong Basic Law High Court District Court Magistrates' Court Special courts and tribunals: Chief Executive Elections Legislative elections District council elections Consular missions in Hong Kong Hong Kong–China relations Hong Kong–Taiwan relations The Basic Law of
1701-662: The Consultative Committee was the Business and Professional Group of the Basic Law Consultative Committee , as known as the Group of 89, led by tycoon Vincent Lo . It was formed in April 1985 by 57 BLCC members and later added two more members. Subsequently, the liberal community representatives, social workers and professionals BLCC members formed the Group of 190 . However it was a small group compared to
1764-413: The Group of 89 without resources that the business elites commanded. To avoid future divisions, the Chinese government created the positions of Hong Kong Affairs Adviser and District Affairs Adviser in 1992. The highly honorific titles helped to prevent disputes in Beijing's 'united front'. The BLCC held two rounds of consultation on drafting the Basic Law. The first was from May to September in 1986,
1827-602: The HKSAR. On 4 June 1989, the BLDC's only two members representing the nascent pro-democracy camp , Martin Lee and Szeto Wah , declared that they would suspend their participation after the military crackdown of the Tiananmen Square protests of 1989 . In September 1989, Lee announced that he would return to the BLDC after being urged to do so by many in Hong Kong. However, in October, Beijing expelled Lee and Szeto from
1890-523: The Hong Kong Special Administrative Region of the People's Republic of China is a national law of China that serves as the organic law for the Hong Kong Special Administrative Region (HKSAR). Comprising nine chapters, 160 articles and three annexes, the Basic Law was composed to implement Annex I of the 1984 Sino-British Joint Declaration . The Basic Law was enacted under the Constitution of China when it
1953-551: The NPCSC on 6 April 2005. The NPCSC ruled on 27 April 2005 that the Annex I of the Basic Law requires that if any Chief Executive should resign on or before 2007, the new Chief Executive should serve out the remainder of his predecessor's term. Hong Kong residents who favour autonomy view the "interpretation" from the Standing Committee as an intrusion into the Hong Kong legal system by the central government in violation of
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2016-730: The Office of the National Security Commissioner is not subject to the restrictions in Article 22. Except the Basic Law and the Constitution, national laws are not enforced in Hong Kong unless they are listed in Annex III and applied by local promulgation or legislation. When national laws are enacted locally by the Legislative Council , the local version adapts to the context of Hong Kong for
2079-426: The People's Liberation Army and crimes involving national security. In May 2020, the National People's Congress announced that the NPCSC would enact a national security law tailored for Hong Kong in response to the 2019–20 Hong Kong protests . The law was added to Annex III and promulgated without being passed in the Legislative Council. National laws can be applied if they only affect an area in Hong Kong. In 2018,
2142-589: The Secretary General of the BLCC, was subsequently replaced by Leung Chun-ying . The Consultative Committee had 180 members. Some of members were nominated by designated organisations, but most of them were invited directly by the Drafting Committee members, who also vetoed over nominations of the organisations. The BLCC members also included the Senior Unofficial Members of the Legislative Council of Hong Kong , Lydia Dunn and of
2205-475: The central government, theft of state secrets and foreign organisations from conducting political activities in Hong Kong. In 2003, the Hong Kong government tabled the National Security (Legislative Provisions) Bill 2003 , which triggered widespread protest . The proposed legislation gave more power to the police, such as not requiring a search warrant to search the home of a suspected terrorist. After
2268-476: The chairman and who would be secretary and so on, and then he directed the gathered members to elect them with a round of applause. This kind of arrangement was commonplace on the Mainland but not in Hong Kong and it led to complaints. Although another meeting was called to rectify the violation of procedures, the same nineteen members were chosen and seven officers were also "elected". The dominating group within
2331-502: The course of adjudication and by the Standing Committee of the National People's Congress (NPCSC). As of 7 November 2016, the NPCSC has interpreted the Basic Law on five occasions: Of the five interpretations to date, only one interpretation was sought by the Hong Kong Court of Final Appeal (CFA). The interpretation was requested in the 2011 case of Democratic Republic of Congo v FG Hemisphere Associates LLC and it concerned
2394-582: The demonstrations and the withdrawal by the Liberal Party of their support for the bill, the government shelved the bill indefinitely. The rights of Hong Kong residents are guaranteed by chapter 3 of the Basic Law. Article 39 also applies provisions of the International Covenant on Civil and Political Rights (ICCPR), the International Covenant on Economic, Social and Cultural Rights (ICESCR), and international labour conventions that
2457-413: The diversity of the views to the Drafting Committee, but not indicate the degree of public support of the public views. At the first meeting of the Consultative Committee during the election of the executive committee of the BLCC, a BLDC member, Y. K. Pao showed up to chair the meeting although he was not a BLCC member. He ignored procedures and proceeded to read out a list of 19 names saying who would be
2520-577: The election of the chairperson of the Legislative Council House Committee. Pro-democratic legislators said the offices violated Article 22 by commenting on the election of a chairperson in the local legislature. In response, the Liaison Office said both itself and the Hong Kong and Macao Affairs Office are not subject to Article 22 because they were authorised by central authorities to specialize in handling Hong Kong affairs and not what are commonly meant by "departments under
2583-432: The first chapter of the Basic Law. The NPCSC has identified Articles 1 and 12 as the fundamental provisions of the Basic Law. Article 1 declares Hong Kong as a part of the People's Republic of China, but it maintains legal and political systems distinct from those in mainland China until 2047. Hong Kong has a high degree of autonomy and maintains its own executive, legislative and judicial branches. Judicial power includes
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2646-492: The jurisdiction of Hong Kong courts over acts of state, among other matters. The Government of Hong Kong sought two NPCSC interpretations on Basic Law provisions regarding the right of abode and the term of office of a new Chief Executive after his predecessor has resigned before the end of his term, in 1999 and 2005 respectively. The NPCSC had also interpreted the Basic Law twice on its own initiative, without being requested by any branch of government in Hong Kong. The first of
2709-510: The life of any resident shall be prohibited. In late 2015, five staff members of a bookshop selling books and magazines banned in mainland China disappeared (see Causeway Bay Books disappearances ). At least two of them disappeared while in mainland China , one while in Thailand . One member was last seen in Hong Kong, eventually reappearing in Shenzhen , across the Chinese border, without
2772-485: The national law to have full effect. The NPCSC has the power to amend legislation included in Annex III after consulting its Basic Law committee and the Hong Kong government. Laws in Annex III must be those related to foreign affairs, national defence or matters not within Hong Kong's autonomy. As of June 2020, Annex III includes laws on the designation of capital , national flag and anthem, territorial claims, nationality, diplomatic privileges and immunity, garrisoning of
2835-401: The necessary assistance. Three of the tycoons on the BLDC provided necessary funds to cover costs. The appointment of Consultative Committee was opposed by some influential members from the business sector in the Drafting Committee, as it introduced an unnecessary degree of democracy and public participation. In the end the BLDC members had considerable influence over the composition and work of
2898-512: The necessary travel documents. While reaction to the October disappearances was muted, as unexplained disappearances and lengthy extrajudicial detentions are known to occur in mainland China, the unprecedented disappearance of a person from Hong Kong, and the bizarre events surrounding it, shocked the city and crystallised international concern over the possible abduction of Hong Kong citizens by Chinese public security bureau officials and their likely rendition , in violation of several articles of
2961-469: The official English version when discrepancies arise. Before interpreting the Basic Law, the NPCSC must consult its subcommittee, the Committee for the Basic Law of the Hong Kong Special Administrative Region. Hong Kong courts may also interpret the Basic Law when adjudicating cases, when the provisions addressed are within Hong Kong's autonomy. Hong Kong courts can also interpret provisions on matters
3024-642: The power of final adjudication, which replaces the colonial judicial recourse of appealing to the Judicial Committee of the Privy Council in the United Kingdom with appeals to the Court of Final Appeal . The Hong Kong national security law incorporated into Annex III of the Basic Law overrides incompatible local ordinances and allows mainland Chinese courts to preside over cases that involve certain national security crimes. Article 5 requires that
3087-449: The power to review acts of the executive or legislature and declare them invalid if they are inconsistent with the Basic Law. The Chief Executive of Hong Kong can be selected by election or through consultations held locally and be appointed by the Central People's Government. The term of the chief executive after their predecessor resigns was a question that emerged after Tung Chee-hwa resigned on 10 March 2005. The legal community and
3150-511: The principle of keeping the expenditure within the limits of revenues in drawing up its budget. Whether pay-cuts for civil servants and having a deficit budget are allowed under the Basic Law had been raised. During the economic downturn after 1997, there was a growing fiscal deficit (and, in 2007/08 a record surplus). The government imposed a pay-cut on the Civil Service during the economic downturn, and then sharply increased salaries during
3213-423: The pro-democracy camp said the term of the new chief executive should be five years, according to Article 46 . However, the Hong Kong government, some Beijing figures and the pro-Beijing camp said that it should be the remaining term of the original Chief Executive, by a technicality in the Chinese version of the Basic Law, introducing the remaining term concept. The Hong Kong government sought an interpretation from
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#17327796514293276-626: The recovery. The Basic Law provides the Hong Kong government limited power to engage in international affairs. Under the name "Hong Kong, China", the Hong Kong government can enter into bilateral agreements with non-Chinese regions and international organisations related to certain fields, including commerce, trade, communications, culture, tourism and sports. As members of a Chinese delegation, government representatives can also engage in diplomatic negotiations and participate in international organisations and conferences that directly affect Hong Kong. The Basic Law can be interpreted by Hong Kong courts in
3339-483: The relationship between Central Authorities and the Special Administrative Region. Although it was planned to seek the views of Hong Kong residents, groups, ministries and individuals in China, but no formal machinery was established for this purpose. The effectiveness of the BLCC was doubted as the public opinion was pushed through the BLCC which the Consultative Committee would merely report
3402-431: The right and freedom to form and join trade unions, and to strike . The freedom of the person of Hong Kong residents shall be inviolable. No Hong Kong resident can be arbitrarily or unlawfully arrested, detained or imprisoned. Arbitrary or unlawful search of the body of any resident, deprivation or restriction of the freedom of the person are also prohibited. Torture of any resident and arbitrary or unlawful deprivation of
3465-523: The second from February to October in 1989. During the first consultation period, the BLCC received 73,000 submissions for the electoral issues of the legislature after 1997. There were also many public meetings being held and discussions in the media. The response in the second period was smaller as it was taken over by the Tiananmen Square event. After the Tiananmen massacre on 4 June 1989,
3528-512: The socialist governance and economic system then practised in mainland China would not be extended to Hong Kong. Instead, Hong Kong would continue its capitalist system and way of life until 2047. The Basic Law also sets out the sources of law , the relationship between Hong Kong and the Central Government (State Council), the fundamental rights and duties of Hong Kong residents and the branches of local government. Shortly after
3591-479: The socialist system and policies to not be practised in Hong Kong and the capitalist system and way of life before the handover remain for 50 years after the handover, or 2047. The common law , rules of equity , ordinances, subsidiary legislation and customary law that govern certain land rights in the New Territories that were in force before the handover are maintained, except for any that contravene
3654-526: The spirit of the One Country, Two Systems policy, compromising the rule of law. The Basic Law also guarantees the welfare and benefits of civil servants. According to the Article 100 of the Basic Law, the civil servants may remain in employment with pay, allowances, benefits and conditions of service no less favourable than before the handover. Article 107 stated the SAR Government should follow
3717-504: The trial be held in the mainland. Prominent authorities, such as Albert Chen , a professor, and Gladys Li , chairman of justice of the Hong Kong section of the International Commission of Jurists , feel that this situation has serious ramifications for judicial independence in Hong Kong. Permanent residents of the Hong Kong Special Administrative Region have the right to vote and stand for election in accordance with
3780-549: The two occurred in 2004, and concerned the amendment of the chief executive and the Legislative Council election methods for 2007 and 2008 respectively. The second was issued in November 2016 on the substantive requirements of lawful oaths and affirmations as stipulated in Article 104 of the Basic Law. As interpretations by the NPCSC are not retroactive, an interpretation on the Basic Law does not affect cases that have already been adjudicated. The basic principles for interpreting
3843-612: Was adopted by the National People's Congress on 4 April 1990 and came into effect on 1 July 1997 after the handover of Hong Kong . It replaced Hong Kong's colonial constitution of the Letters Patent and the Royal Instructions . Drafted on the basis of the Joint Declaration, the Basic Law lays out the basic policies of China on Hong Kong, including the " one country, two systems " principle, such that
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#17327796514293906-456: Was determined on 26 April 2004, when the NPCSC ruled out the possibility as it deemed Hong Kong not mature enough for such elections. In 2014, the 31 August Decision by the NPCSC stated that starting from 2017, the selection of the Chief Executive may be implemented by universal suffrage upon nomination of candidates by a broadly representative committee and subject to appointment by the Central People's Government. It went on to state that such
3969-566: Was in force in Hong Kong before the handover. While the most parts of the ICCPR is ratified as the Hong Kong Bill of Rights Ordinance in largely identical language, no equivalent legislation was made to implement the ICESCR. Hong Kong residents are equal before the law. Hong Kong residents have, among other things, freedom of speech , freedom of the press and of publication; freedom of association , freedom of assembly , freedom of procession, of demonstration, of communication, of movement, of conscience, of religious belief, and of marriage; and
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