82-779: The Hong Kong Special Administrative Region Basic Law Drafting Committee (BLDC) was formed in June 1985 for the drafts of the Hong Kong Basic Law for the Hong Kong Special Administrative Region (HKSAR) after 1997. It was formed as a working group under the National People's Congress . The Drafting Committee had 59 members, of whom 23 were from Hong Kong and 36 were from Mainland, mostly the PRC government officials. The Drafting Committee
164-610: A barrister, and Szeto Wah , a teacher and head of the Hong Kong Professional Teachers' Union were also appointed to the BLDC. The inclusion of Lee and Szeto was in line with the united front practice of offering membership to a small number of vocal critics so they could be controlled through the rule of procedures. 15 of the 36 mainland members were officials concerned with various aspects of mainland relations with Hong Kong, 11 of them were legal experts. With
246-415: A combination of the functional constituency and electoral college while the liberals wanted all or substantial number of members elected directly through universal suffrage . The Legislative and Executive Council members were also able to agree on the "OMELCO consensus" on the electoral system. Additionally, Lo Tak-shing also put forward proposals for a bicameral legislature . Lo's proposals resulted in
328-668: 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
410-480: 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
492-523: A dual system of voting in the Legislative Council which strengthened both the executive and functional members. In 1988, Louis Cha , an influential author and publisher of Ming Pao , and also the co-convenor of the BLDC panel on constitutional structure proposed his so-called mainstream model which was against the early introduction of direct elections for both Legislative Council and Chief Executive. Cha claimed that it had incorporated all
574-644: 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
656-427: 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
738-425: 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
820-507: 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
902-535: The Chief Executive of Hong Kong , and the relationship between the executive and legislature. The business conservative lobby preferred the Chief Executive to be selected through an electoral college and an executive-led system in which the executive would dominate the political system, while the liberal professionals and grassroots organisations demanded direct elections for the Chief Executive. It
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#1732772541543984-759: The Chinese People's Political Consultative Conference ; Y. K. Pao , Hong Kong shipping tycoon; Fei Yimin , publisher of Ta Kung Pao , member of the NPC and member of the Legal Commission under the NPC Standing Committee ; and David K. P. Li , chairman of the Bank of East Asia . The appointment of Pao, Ann, and Li as vice-chairmen showed the Chinese desire to form a political alliance with
1066-631: 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
1148-759: 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
1230-777: 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
1312-495: The BLDC panel meeting. The Hong Kong public was enraged by this highly unusual twist and improper, preemptive procedural strike by Cha. Some regarded Cha's maneuver as a conspiracy and front of the anti-direct election coalition of Beijing, business conservatives and leftist organs. In December 1988, the Drafting Committee adopted the mainstream model in the draft dealt a near fatal blow to the democratic aspirations of
1394-711: 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
1476-407: 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
1558-451: 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
1640-503: 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
1722-630: 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
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#17327725415431804-428: 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
1886-496: 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
1968-522: 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
2050-641: 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
2132-524: 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. Hong Kong Professional Teachers%27 Union Too Many Requests If you report this error to
2214-606: 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
2296-686: The Economy; and Education Science, Technology, Culture, Sports and Religion. The BLDC's Secretariat was located in Beijing. The secretary general was Li Hou , the deputy director of the Hong Kong and Macao Affairs Office . The two deputy secretaries general were Lu Ping and Mao Junnian , a deputy director of the CCP Hong Kong. A research department was set up within Xinhua Hong Kong to gather comments, models and recommendations on political systems and political development put forward by
2378-602: 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
2460-427: 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
2542-466: The Hong Kong public. The heads of the research department were Mao Junnian and Qiao Zhonghuai , both deputy directors of the CCP Hong Kong. The first meeting of the BLDC was held on 1 July 1985. A plan was tabled by Ji Pengfei of forming a Basic Law Consultative Committee (BLCC) to canvass public opinion on the Basic Law in Hong Kong. The BLCC was formed in December 1985 with many BLDC members holding
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2624-551: 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
2706-730: 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
2788-400: The PRC authorities agreed that the Basic Law should not include provisions on the formation of the first legislature and left it to be resolved by the NPC after the two sovereigns had worked out the details. The discussions between the two governments were kept secret, even the BLDC members did not know until the decisions were made by the two governments. The through train was later abandoned by
2870-559: The PRC government after the last British governor Chris Patten 's controversial electoral reform in 1994. At the very beginning of the process, some Hong Kong members requested a clarification of relationship between the Constitution of the People's Republic of China and the Hong Kong Basic Law. Martin Lee proposed that the Basic Law should specify with articles of the PRC Constitution applied to Hong Kong but
2952-426: 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,
3034-505: The beginning. Szeto Wah proposed an article to effect that Hong Kong would be given authority over all powers not specifically vested in the Central Authorities. The Chinese legal experts resisted it as they claimed that the vesting of residual powers in Hong Kong was inconsistent with its status as a local administrative region within the unitary state. An attempt to stipulate definitively the powers would be vested in Hong Kong
3116-537: The capitalists as a strategy of "political absorption of economics". Ann and Pao also represented the Shanghai and Li the Cantonese factions, the two most important business groups in Hong Kong. All of the Hong Kong vice-xhairmen were politically conservative and unlikely to object to Chinese leadership ideas for Hong Kongs future political arrangements. There were total of 12 tycoons among the 23 Hong Kong members in
3198-539: The central government by a provision in the original drafts. Lee regarded this as a major derogation from the principle of the rule of law . At the ninth plenary meeting of the Drafting Committee in February 1990, the Committee voted on the Regional Flag and Regional Emblem (Amendment). A two-thirds majority (34 votes) voted in favour of No. 2 design of the Regional Flag and Regional Emblem . It also voted on
3280-475: 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
3362-580: The committee and founders of the Hong Kong Alliance in Support of Patriotic Democratic Movements of China , after the duo announced their resignations from the committee. The Third Session of the 7th National People's Congress held on 4 April 1990 adopted Basic Law, including Annex I: Method for the Selection of the Chief Executive, Annex II : Method for the Formation of the Legislative Council, and Annex III: National Laws to be Applied in Hong Kong, and
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3444-583: The consultation period, the well-funded Group of 89 formed the conservative business people and the Joint Committee on the Promotion of Democratic Government (JCPDG) formed by the about 190 political, community and grassroots organisations and led by liberal activists Szeto Wah and Martin Lee. The two groups organised their support among the public, lobbied for their positions through the consultative process. The conservative business sector preferred
3526-502: 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
3608-582: 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
3690-947: The designs of the regional lag and regional emblem. On the same day, the Basic Law was promulgated by the President of the PRC Yang Shangkun . The Drafting Committee ceased to exist then. Chairman : Ji Pengfei Vice-Chairmen : T. K. Ann , Y. K. Pao , Xu Jiatun , Fei Yimin , Hu Sheng , Fei Xiaotong , Wang Hanbin , David Li Secretary : Li Hou Deputy Secretaries : Lu Ping , Mao Junnian All members : 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
3772-610: The drafting committee. Besides the pro-Beijing figures , there were also members from various sectors as part of the Chinese Communist Party 's united front strategy and also to show the BLDC represented different interests in Hong Kong. The two Unofficial Members of the Executive and Legislative Council Office (UMELCO) members were Maria Tam and Wong Po-yan from the British colonial establishment, as well as
3854-455: The early stage of the drafts, some Hong Kong members proposed that the last legislature to be elected should become the first legislature of the HKSAR so called "through train", in the interests of a smooth transition. It was allegedly strongly opposed by Ji Pengfei. However, in November 1988 when the matter was raised by the British in the context of the discussions with the PRC on convergence,
3936-577: 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
4018-459: The finalised Basic Law (Draft). The drafting process was disrupted after the student protests in Beijing which culminated in the Tiananmen massacre in June 1989. Two members of the Drafting Committee, Louis Cha and Peter Kwong resigned after the PRC government imposed martial law on 20 May 1989. The PRC government expelled Martin Lee and Szeto Wah, the most vocal advocates of democratisation on
4100-432: 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
4182-596: The judge of the Appeal Court Simon Li . Lau Wong-fat , the chairman of Heung Yee Kuk and the vice-chancellors of the two universities were also selected. Rev. Peter Kwong , archbishop of Hong Kong , was appointed to represent religious sector, as well as senior professionals and a leftist trade unionist Tam Yiu-chung of the Hong Kong Federation of Trade Unions . Two liberal figures who had been calling for greater democracy Martin Lee ,
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#17327725415434264-492: 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
4346-594: The key positions of the Consultative Committee, including T. K. Ann who was the Vice-Chairman of the BLDC was selected the Chairman of the BLCC. The political system of the HKSAR was the most hotly debated topic outside and inside the Drafting Committee. The principal issues were the methods of the election of the members of the Legislative Council of Hong Kong , the election of appointment of
4428-444: The liberal activists. The pro-democracy groups in Hong Kong held a month-long hunger strike protesting the passage of the mainstream model. The Hong Kong Journalists Association demanded Cha resign from the BLDC in order to avoid a conflict of interest. Local undergraduates publicly burned Cha's Ming Pao outside its editorial premises. The competing models for political structure in the Basic Law are listed as follows: The debate
4510-400: 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
4592-496: The major common features of the various competing alternatives as advocated by the liberal democratic Group of 190 , the conservative Group of 89, and pro-Beijing organs. However, the model had never been listed as one of the alternatives in the BLCC's five-volume consultation report and collection of public opinions on the first draft issued in October–November 1988. Even most of the BLDC Hong Kong members were surprised when Cha hurriedly produced his mainstream model just one day before
4674-485: 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
4756-512: 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
4838-414: The number of Mainland members exceeding the number of Hong Kong members by a safe margin, Beijing had overwhelming numerical superiority on the drafting committee. The BLDC embers were divided in five sub-groups, each group focusing on one area of discussion. The groups were on the Relationship Between the Central Authorities and the HKSAR; Fundamental Rights and Duties of Residents; the Political Structure;
4920-412: 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
5002-460: 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
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#17327725415435084-449: 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
5166-448: 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
5248-423: 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
5330-626: 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
5412-431: 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
5494-514: The situation of Hong Kong, and should have professional knowledge of particular sector. The chairman of the drafting committee was Ji Pengfei , the 8 vice-chairmen were Xu Jiatun , firector of the New China News Agency Hong Kong Branch; Wang Hanbin , secretary general of the NPC; Hu Sheng , director of the Party Research Centre of the Central Committee of the Chinese Communist Party ; Fei Xiaotong , prominent Chinese anthropologist and sociologist; T. K. Ann , Hong Kong industrialist and member of
5576-444: 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
5658-415: 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
5740-402: 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
5822-428: 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
5904-493: 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
5986-488: Was a responsibility of the National People's Congress Standing Committee (NPCSC). Martin Lee argued that the power of interpretation should be vested in the Hong Kong courts, not the NPCSC as the original draft of the Basic Law had provided. A compromise was struck whereby the power to interpret those provisions which concerned the autonomy of the region was to the delegated to the HKSAR by the NPCSC. The Hong Kong courts were also excluded from their purview any executive acts of
6068-496: Was abandoned. No satisfactory basis for establishing the powers of the HKSAR was provided. The provision for the interpretation of the Basic Law was also debated. Although the Sino-British Joint Declaration provides that the powers of the final adjudication would lie with the HKSAR courts, in the concept of the PRC authorities, adjudication did not include interpretation, which under the PRC Constitution
6150-612: 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
6232-571: Was also supported by the members of the Legislative and Executive Councils . The consultative process by the BLCC stimulated much public discussion and lobbying. During the first consultation period, the BLCC received 73,000 submissions, as well as 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. Two groups were formed during
6314-547: Was appointed by and reported to the NPC. It had a total of 59 members, 36 from the Mainland China and 23 from Hong Kong. Apparently the original figure of 60 was not reached as one of the pro- Taiwan person refused to sit on the committee. The criteria for the Mainland members should be familiar with Hong Kong and some should be legal and constitutional experts, and the Hong Kong members should be patriotic, familiar with
6396-456: 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
6478-461: Was dominated by Hong Kong businessmen with a share from different social sectors. The decisions of the Drafting Committee on the political structure and legal system of the HKSAR had a great impact on the politics of Hong Kong today. The creation of the BLDC was announced in Beijing in June 1985 as a working group under the National People's Congress (NPC) of the People's Republic of China . The BLDC
6560-734: 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
6642-417: Was intensified by the 1989 Tiananmen Square protests and massacre , which reinforced the liberals' view of the imperative of democracy, while it gave additional ground to conservatives to oppose it, as provocative to the new sovereign. Little attention was paid to the views conveyed through the BLCC when the BLDC met to finalise its proposals, but focused on small number of largely conservative suggestions. At
6724-417: Was rejected by the Mainland members, who considered that the Basic Law should be subordinate to the Constitution but only the NPC could specify which provisions of the Constitution would apply to Hong Kong. Towards the end, it was decided that the NPC should make a formal declaration of the validity of the Basic Law at the same time as it adopted the Basic Law. The question of residual powers was also raised at
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