Basic Law Annex 3

Basic Law Annex 3

No amendment to this law will violate the basic guidelines established by the People`s Republic of China with respect to Hong Kong. The Sino-British Joint Declaration, signed on 19 December 1984 between the Chinese and British Governments, calls for the creation of the Basic Law. The Basic Law, drafted on the basis of the Declaration, sets out China`s basic policy towards Hong Kong, including the principle of «one country, two systems», so that the governance and economic system practiced in mainland China are not extended to Hong Kong. Instead, Hong Kong would continue its capitalist system and way of life until 2047. [5] The Basic Law also defines the sources of law, the relationship between Hong Kong and the central government (State Council), the fundamental rights and obligations of Hong Kong residents and the branches of local government. In accordance with the Constitution of the People`s Republic of China, the National People`s Congress adopts the Basic Law of the Hong Kong Special Administrative Region of the People`s Republic of China, which prescribes the systems to be applied in the Hong Kong Special Administrative Region to ensure the implementation of the basic policy of the People`s Republic of China towards Hong Kong. Respecting national unity and territorial integrity, preserving Hong Kong`s prosperity and stability and taking into account its history and realities, the People`s Republic of China has decided that upon the resumption of China`s sovereignty over Hong Kong, a Hong Kong Special Administrative Region shall be established in accordance with the provisions of Article 31 of the Constitution of the People`s Republic of China. and that according to the principle of «one country, two systems», the socialist system and socialist policies are not practiced in Hong Kong. The basic policy of the People`s Republic of China towards Hong Kong was elaborated by the Chinese government in the Sino-British Joint Declaration. The Basic Law of the Hong Kong Special Administrative Region of the People`s Republic of China is a national law of China that serves as the de facto constitution of the Hong Kong Special Administrative Region (HKSAR).

[1] [2] The Basic Law, which consists of nine chapters, 160 articles and three annexes, was promulgated under the Constitution of China to implement the Sino-British Joint Declaration. [3]:91 The basic principles of Hong Kong governance under Chinese sovereignty mirror those set out in the Sino-British Joint Declaration, and most of them are set out in the first chapter of the Basic Law. The NVKK identified Articles 1 and 12 as fundamental provisions of the Basic Law. [10] Article 159 establishes the amendment procedure and gives the National People`s Congress the exclusive power to amend it. Amendments may be proposed by the NPCSC, the Council of State or Hong Kong. For Hong Kong to propose changes, the changes first require the support of two-thirds of Hong Kong`s Legislative Council, two-thirds of the deputies representing Hong Kong in the National People`s Congress, and the approval of the Hong Kong leader. All proposals must be considered by the Basic Law Committee of the Hong Kong Special Administrative Region, and no amendment may «violate the established basic guidelines of the People`s Republic of China concerning Hong Kong». [52] The basic principles for the interpretation of the Basic Law are described in Article 158 and the case law.

In accordance with Article 158(1), the NPCSC has a power of final interpretation. This is in line with the NPC`s general power to interpret China`s domestic laws in accordance with Article 67(4) of the Constitution of the People`s Republic of China. [44]:222 As a national law, the Basic Law was drafted in Chinese, and its Chinese version prevails over the official English version in case of discrepancies. [45]:408 Before interpreting the Basic Law, the NPCSC must consult with its subcommittee, the Basic Law Committee of the Hong Kong Special Administrative Region. [46]. Article 22 states that «no department of the Central People`s Government and no province, autonomous region or municipality directly subordinate to the central government may interfere in the affairs administered by the Hong Kong Special Administrative Region alone in accordance with this Law.» [16] Civil servants working in all government departments of the Hong Kong Special Administrative Region must be permanent residents of the region, unless article 101 of this Law provides otherwise with respect to officials of foreign nationality, and with the exception of those of a certain rank, as required by law. With the exception of the Basic Law and the Constitution[22]:124, domestic laws are not applied in Hong Kong unless they are listed in Annex III and are enforced by local enactments or laws. When national laws are promulgated locally by the Legislative Council, the local version adapts to the Hong Kong context so that the national legislation can take full effect.

[23]:p ara. 18.2 The NPCSC has the power to amend the legislation set out in Annex III after consultation with its Fundamental Rights Committee and the Government of Hong Kong. The laws in Annex III must be laws relating to foreign affairs, national defence or matters not within the scope of Hong Kong`s autonomy. [24] The Hong Kong Special Administrative Region retains free port status and does not levy customs duties unless otherwise required by law. If the Chief Executive of the Hong Kong Special Administrative Region considers that a bill passed by the Legislative Council is not compatible with the general interests of the region, he or she may refer it back to the Legislative Council for reconsideration within three months. If the Legislative Council re-enacts the original law by a two-thirds majority of all members, the chief executive shall sign and promulgate it within one month or act in accordance with the provisions of article 50 of this Act. The Government of the Hong Kong Special Administrative Region may act on the basis of specific authorizations of the Central People`s Government: The courts of the Hong Kong Special Administrative Region at all levels are the courts of the region that exercises judicial authority in the region. The Fifth Session of the Standing Committee of the Ninth National People`s Congress decides: The national law is the «Law of the People`s Republic of China on the Exclusive Economic Zone and Continental Shelf» is included in the list of laws in Annex III of the Basic Law of the Hong Kong Special Administrative Region of the People`s Republic of China. If it is necessary for the departments of the central government or of the provinces, autonomous regions or municipalities directly subordinate to the central government to establish offices in the Hong Kong Special Administrative Region, they must obtain the consent of the government of the region and the consent of the central People`s Government. The Hong Kong Special Administrative Region is a local administrative region of the People`s Republic of China, which enjoys a high degree of autonomy and is directly subordinate to the Central People`s Government. The Hong Kong Special Administrative Region shall be solely responsible for matters relating to the day-to-day commercial and technical management of civil aviation, including the management of airports, the provision of air traffic services in the Flight Information Region of the Hong Kong Special Administrative Region and the exercise of other responsibilities conferred on it under the regional air navigation procedures of the Civil Aviation Organization.

international. In addition to displaying the national flag and national emblem of the People`s Republic of China, the Hong Kong Special Administrative Region may also use a regional flag and emblem. The rights and freedoms enjoyed by Hong Kong residents will not be restricted unless required by law. Such restrictions shall not contravene the provisions of the preceding paragraph of this Article. The Executive Council of the Hong Kong Special Administrative Region is a body that assists the Chief Executive in policy-making. 4. Candidates for the office of Chief Executive may be jointly appointed by at least 100 members of the Electoral Committee. Each member may propose only one candidate. Explanatory Notes to the «Basic Law of the Hong Kong Special Administrative Region of the People`s Republic of China (Draft)» and related documents (at the Third Session of the Seventh National People`s Congress on 28 March 1990) Hong Kong residents and other persons in Hong Kong are required to comply with the laws in force in the Hong Kong Special Administrative Region.

The socialist system and policies should not be practiced in the Hong Kong Special Administrative Region, and the previous capitalist system and way of life have remained unchanged for 50 years. The Hong Kong Special Administrative Region protects the rights and freedoms of residents of the Hong Kong Special Administrative Region and other persons in the region in accordance with the law. 2.It stipulated in the first three categories of Article 24(2) of the Basic Law of the Hong Kong Special Administrative Region of the People`s Republic of China that «permanent residents of the Hong Kong Special Administrative Region are: Military forces stationed by the Central People`s Government in the Hong Kong Special Administrative Region for Defence shall not interfere in the local affairs of the region. The Government of the Hong Kong Special Administrative Region may, if necessary, request the assistance of the garrison from the Central People`s Government to maintain law and order and disaster relief. 2. The Electoral Committee is composed of 800 members from the following regions: The Chief Executive of the Hong Kong Special Administrative Region is the head of the Hong Kong Special Administrative Region and represents the region.