Hong Kong ABCs (3): The Basic Law

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THE Basic Law of the Hong Kong Special Administrative Region (HKSAR) was adopted April 4, 1990 by the Seventh National People’s Congress (NPC) of the People’s Republic of China. It came into effect July 1, 1997.

The document

The Basic Law is the constitutional document for the HKSAR. It enshrines within a legal document the important concepts of “One Country, Two Systems,” “a high degree of autonomy” and “Hong Kong People administering Hong Kong.” It also prescribes the various systems to be practised in the HKSAR.

The Basic Law consists of the following sections:

a. The full text of the Basic Law comprises a total of nine chapters with 160 articles.

b. Annex I lays out the method for selecting the chief executive of the HKSAR.

c. Annex II lays out the method for forming the Legislative Council of the HKSAR and its voting procedures.

d. Annex III lays out national laws that apply to the HKSAR.

Drafting process

The Basic Law was drafted by a committee composed of members from both Hong Kong and the mainland. A Basic Law Consultative Committee formed purely by Hong Kong people was established in 1985 to canvass opinions of the drafts in Hong Kong.

The first draft was published in April 1988, followed by a five-month public consultation exercise. The second draft was published in February 1989, and the subsequent consultation period ended in October 1989. The Basic Law was formally promulgated on April 4, 1990 by the NPC, together with the design of the flag and emblem of the HKSAR.

General principles

The HKSAR has a high degree of autonomy — except regarding defense and foreign affairs —and enjoys executive, legislative and independent judicial power, including that of final adjudication.

The executive authorities and legislature of the HKSAR shall be composed of permanent residents of Hong Kong.

The socialist system and policies shall not be practised in the HKSAR, and the previous capitalist system and way of life shall remain unchanged for 50 years.

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 are subject to any amendment by the legislature of the HKSAR.

Editor: Stephanie Yang
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