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Drawn by Jerry Crimson Mann 15:47, 24 Jun 2005 (UTC). ... On July 1, 1997, Hong Kong was resumed to Chinese control, when the sovereignty of Hong Kong was transferred to the Peoples Republic of China (PRC), ending more than 150 years of British colonial control. ... The Chief Executive of the Hong Kong Special Administrative Region (Traditional Chinese: 香港特別行政區行政長官; Simplified Chinese: 香港特别行政区行政长官; Jyutping: hoeng1 gong2 dak6 bit6 hang4 zing3 keoi1 hang4 zing3 zoeng2 gun1; pinyin: XiÄ... Sir Donald Tsang Yam Kuen GBM JP KBE (Chinese: 曾蔭權, Pinyin: ZÄ“ng YÄ«nquán, born October 7, 1944) has been the Chief Executive of Hong Kong since 2005. ... The Executive Council (ExCo) of the Hong Kong Special Administrative Region of the Peoples Republic of China is an organ in the Executive branch of the political structure of Hong Kong. ... Departments and agencies are controlled by the Hong Kong Government. ... The Legislative Council (abbreviated as LegCo; Chinese: 立法會, Pinyin: LìfÇŽ Huì; formerly 立法局, LìfÇŽ Jú) is the unicameral legislature of the Hong Kong Special Administrative Region of the Peoples Republic of China. ... Elections are held in Hong Kong when certain offices in the government need to be filled. ... A political party is a political organization subscribing to a certain ideology or formed around very special issues with the aim to participate in power, usually by participating in elections. ... The Judiciary of Hong Kong is responsible for the administration of justice in Hong Kong. ... For the Court of Final Appeal in Macau, see Court of Final Appeal, Macau. ... The District Councils (區議會 and formerly District Boards) are district organizations in the Hong Kong Special Administrative Region (HKSAR). ... To meet Wikipedias quality standards, this article or section may require cleanup. ... Hong Kongs diplomatic relations and defence are the responsibility of the Peoples Republic of China. ...

Cover of Index to the Basic Law

The Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China (中華人民共和國香港特別行政區基本法; or in short 香港基本法 or 基本法) serves as the constitutional document of Hong Kong. It was adopted on April 4, 1990 by the Seventh National People's Congress (NPC) of the People's Republic of China (PRC), and went into effect on July 1, 1997 replacing the Letters Patent and the Royal Instructions, when this former colony of United Kingdom was handed over to the PRC. Image File history File links Download high resolution version (434x622, 43 KB)Index to Basic Law cover This image is protected by the Hong Kong interpretation of the British Crown copyright. ... Image File history File links Download high resolution version (434x622, 43 KB)Index to Basic Law cover This image is protected by the Hong Kong interpretation of the British Crown copyright. ... A Special Administrative Region (SAR) (Simplified Chinese: 特别行政区; Traditional Chinese: 特別行政區; pinyin: tèbié xíngzhèngqÅ«; Cantonese IPA: /tɐk6piːt6 hɐŋ4tsɪŋ3kʰɵy1/; Jyutping: dak6bit6 hang4zing3keoi1; Yale: dahkbiht hàhngjingkeÅ«i) is a political subdivision of the Peoples Republic of China. ... April 4 is the 94th day of the year in the Gregorian calendar (95th in leap years). ... This article is about the year. ... The Great Hall of the People, where the NPC convenes The National Peoples Congress (全国人民代表大会 in Pinyin: Quánguó Rénmín Dàibiǎo Dàhuì, literally Pan-Nation Congress of the Peoples Representatives), abbreviated PNCOTPR, is the highest legislative body in the Peoples Republic of China. ... July 1 is the 182nd day of the year (183rd in leap years) in the Gregorian Calendar, with 183 days remaining. ... 1997 (MCMXCVII in Roman) is a common year starting on Wednesday of the Gregorian calendar. ... Letters Patent by Queen Victoria creating the office of Governor-General of Australia Letters patent are a type of legal document which is an open letter issued by a monarch or government granting a right, monopoly, title, or status to someone or some entity such as a corporation. ... The granting of Royal Assent is the formal method by which the Sovereign of the United Kingdom, or the Sovereigns representative in Commonwealth Realms, completes the process of the enactment of legislation by formally assenting to an Act of Parliament. ... For the telecommunication usage, see handoff Handover - The transfer of sovereignty of Hong Kong, a former British crown colony, from UK to Peoples Republic of China in 1997. ...

The Basic Law was drafted in accordance with the Sino-British Joint Declaration on the Question of Hong Kong (The Joint Declaration), signed between the Chinese and British governments on December 19, 1984. The Basic Law stipulates the basic policies of the PRC towards the Hong Kong Special Administrative Region. As agreed between the PRC and the United Kingdom in the Joint Declaration, in accordance with the "One Country, Two Systems" principle, socialism as practised in the PRC would not be extended to Hong Kong. Instead, Hong Kong would continue its previous capitalist system and its way of life for a period of 50 years after 1997. A number of freedoms and rights of the Hong Kong residents are also protected under the Basic Law. The Sino-British Joint Declaration on the Question of Hong Kong ( Chinese: (Trad. ... December 19 is the 353rd day of the year (354th in leap years) in the Gregorian calendar. ... 1984 (MCMLXXXIV) was a leap year starting on Sunday of the Gregorian calendar. ... One country, two systems (Simplified Chinese: 一国两制; Traditional Chinese: 一國兩制; pinyin: yì; guó liǎng zhì; Jyutping: jat1 gwok3 loeng5 zai3; Yale: yāt gwok leúhng jai), is an idea originally proposed by Deng Xiaoping, then Paramount Leader of the Peoples Republic of China (PRC), for the unification of China. ... Socialism is an ideology of a social and economic system in which the means of production are collectively owned and administered democratically by all of society. ... In economics, a capitalist is someone who owns capital, presumably within the economic system of capitalism. ...

The source of authority for the Basic Law is somewhat controversial, with most Chinese legal scholars arguing that the Basic Law is a purely domestic legislation deriving its authority from the Constitution of the People's Republic of China, and with some legal scholars arguing that the Basic Law derives its authority directly from the Sino-British Joint Declaration. The argument is relevant in that it impacts the amount of authority that the PRC has to change the Basic Law, and the ability of the Hong Kong courts to challenge PRC domestic legislation. The Constitution of the Peoples Republic of China (中华人民共和国宪法; pinyin: Zhōnghuá Rénmín Gònghéguó Xiànfǎ) is the highest law within the Peoples Republic of China. ... The Sino-British Joint Declaration on the Question of Hong Kong ( Chinese: (Trad. ...

Drafting process of the Basic Law

• 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 views in Hong Kong on the drafts.

• 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 4 April 1990 by the NPC, together with the designs for the flag and emblem of the HKSAR.

• Some members of the Basic Law drafting committee were ousted by Beijing following the 4 June 1989 Tiananmen Square incident, after voicing their views supporting the students.

April 4 is the 94th day of the year in the Gregorian calendar (95th in leap years). ... This article is about the year. ... June 4 is the 155th day of the year in the Gregorian calendar (156th in leap years), with 210 days remaining. ... 1989 (MCMLXXXIX) was a common year starting on Sunday of the Gregorian calendar. ...

General principles enshrined under the Basic Law

• The HKSAR has a high degree of autonomy and enjoys executive, legislative and independent judicial power, including that of final adjudication (Article 2). An implication is that the former judicial recourse by appealing to the English Privy Council would no longer be available. Instead, the Court of Final Appeal was established within the HKSAR to take up the role.

• The executive authorities and legislature of the HKSAR shall be composed of permanent residents of Hong Kong in accordance with the relevant provisions of the Basic Law. (Article 3)

• 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. (Article 5)

• The laws previously in force in Hong Kong, that is, the common law, rules of equity, ordinances, subordinate legislation and customary law (such as Chinese clan law) shall be maintained, except for any that contravene the Basic Law and subject to any amendment by the legislature of the HKSAR. (Article 8)

• The HKSAR shall protect the right of ownership of private property in accordance with law. (Article 6)

• All Hong Kong residents shall be equal before the law. Permanent residents of the HKSAR shall have the right to vote and the right to stand for election in accordance with law. (Articles 25-26)

• The freedom of the person of Hong Kong residents shall be inviolable. No Hong Kong resident shall be subjected to arbitrary or unlawful arrest, detention or imprisonment. Arbitrary or unlawful search of the body of any resident or deprivation or restriction of the freedom of the person shall be prohibited. Torture of any resident or arbitrary or unlawful deprivation of the life of any resident shall be prohibited. (Article 28)

• Hong Kong residents shall 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 the right and freedom to form and join trade unions, and to strike. (Articles 27-38).

• The provisions of the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, and international labour conventions as applied to Hong Kong shall remain in force and shall be implemented through the laws of the HKSAR. (Article 39)

• The selection of Chief Executive is to be ultimately by means of Universal Suffrage. (Article 45)

• Although the PRC has responsibility for Hong Kong's foreign relations and defence, Hong Kong is permitted to participate in international organizations or conferences in appropriate fields limited to states and affecting the HKSAR, or may attend in such other capacity as may be permitted by the PRC government and the international organization or conference concerned, and may express their views, using the name "Hong Kong, China". The HKSAR may also, also using the name "Hong Kong, China", participate in international organizations and conferences not limited to states.

Her Majestys Most Honourable Privy Council is a body of advisors to the British Sovereign. ... The color red and particularly the red flag are traditional symbols of Socialism. ... This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... This article is about concept of equity in Anglo-American jurisprudence. ... Bold textJAMES CHECKLEY Legislation (or statutory law) is law which has been promulgated (or enacted) by a legislature or other governing body. ... In law, custom, or customary law consists of established patterns of behaviour that can be objectively verified within a particular social setting. ... This page deals with property as ownership rights. ... An election is a decision making process whereby people vote for preferred political candidates or parties to act as representatives in government. ... The Chicago Police Department arrests a man A protester is arrested during a demonstration. ... Historic detention cell In middle school and high school, detention very specifically refers to a period after the end of the school day (sometimes, before the school day) or during the weekend, when students who have misbehaved must remain in a designated classroom for a certain time period as punishment... A public demonstration Freedom of speech is often regarded as an integral concept in modern liberal democracies, where it is understood to outlaw censorship. ... Freedom of the press (or press freedom) is the guarantee by a government of free public speech for its citizens and their associations, extended to members of news gathering organizations, and their published reporting. ... Freedom of association is the right enjoyed by free adults to mutually choose their associates for whatever purposes they see fit. ... Freedom of assembly is the freedom to associate with, or organize any groups, gatherings, clubs, or organizations that one wishes. ... This article or section contains information that has not been verified and thus might not be reliable. ... The International Covenant on Civil and Political Rights is a United Nations treaty based on the Universal Declaration of Human Rights, created in 1966. ... This page is a candidate to be moved to Wikisource. ...

Interpretation of the Basic Law

• Under Article 158, the power of final interpretation of the Basic Law lies on Standing Committee of the National People's Congress (NPCSC) which is a power also derived from the Constitution of the People's Republic of China.

• Up this date, the Hong Kong SAR government has sought the NPCSC to interpret the Basic Law twice

• 1. 1999: The Right of Abode issue
  2. 2005: The term of the new Chief Executive after the original Chief Executive resigned.

• In one other occasion the NPCSC interpreted the Basic Law on its own initiative

• 1. 2004: Universal Suffrage in 2007 and 2008

The Standing Committee of the National Peoples Congress (NPCSC; Chinese: 全国人民代表大会常务委员会, pinyin: Quánguó Rénmín Dàibiǎo Dàhuì Chángwù Wěiyuánhuì) is a committee of about 150 members of the National Peoples Congress (NPC) of the Peoples Republic of China (PRC), which is convened between plenary sessions of the NPC... The Constitution of the Peoples Republic of China (中华人民共和国宪法; pinyin: Zhōnghuá Rénmín Gònghéguó XiànfÇŽ) is the highest law within the Peoples Republic of China. ... The Standing Committee of the National Peoples Congress (NPCSC; Chinese: 全国人民代表大会常务委员会, pinyin: Quánguó Rénmín Dàibiǎo Dàhuì Chángwù Wěiyuánhuì) is a committee of about 150 members of the National Peoples Congress (NPC) of the Peoples Republic of China (PRC), which is convened between plenary sessions of the NPC... 1999 (MCMXCIX) was a common year starting on Friday, and was designated the International Year of Older Persons by the United Nations. ... 2005 (MMV) was a common year starting on Saturday of the Gregorian calendar. ... The Standing Committee of the National Peoples Congress (NPCSC; Chinese: 全国人民代表大会常务委员会, pinyin: Quánguó Rénmín Dàibiǎo Dàhuì Chángwù Wěiyuánhuì) is a committee of about 150 members of the National Peoples Congress (NPC) of the Peoples Republic of China (PRC), which is convened between plenary sessions of the NPC... 2004 (MMIV) was a leap year starting on Thursday of the Gregorian calendar. ...

Controversial issues in relation to the Basic Law

After the reunification of Hong Kong in 1997, the Basic Law came under the spotlight for the following controversial issues:

• The Right of Abode issue in 1999, during which the Government sought an interpretation of Articles 22 and 24 from the Standing Committee of the National People's Congress to avoid a potential influx of over a million Mainland residents (according to Government estimates) into Hong Kong. This has triggered a debate on judicial independence in Hong Kong.

• Article 23 of the Basic Law requires Hong Kong to enact laws on its own to prohibit acts including treason, secession, sedition, subversion against the Central People's Government, and theft of state secrets. This became a subject of considerable controversy when the Government of the HKSAR attempted to introduce legislation to implement the Article in 2002 to 2003. The proposed legislation gave much power to the police, such as not requiring a search warrant to search a home of a "suspected terrorist". This has led to public outcry, and resulted in massive demonstrations (July 1 marches), where it is estimated that over five hundred thousands people took to the streets, in July 1, 2003. After the demonstrations, the government indefinitely shelved its drafted law.

• The possibility of universal suffrage in 2007 and 2008. Following the Article 23 controversy, a sector of the population, led by the democratic camp, has begun to call for universal suffrage for the election of the Chief Executive in 2007, and for all seats of the Legislative Council in 2008. While this is not ruled out under Articles 45 and 68 of the Basic Law, the conservative camp and legal experts in Mainland China have claimed that this would violate the "Principle of gradual and orderly progress" and "in the light of the actual situation" set forth in Articles 45 and 68. The controversy was finally settled through interpretation of Basic Law by the Standing Committee of the National People's Congress, which ruled out the possibility of universal suffrage in 2007 and 2008 on April 26, 2004.

• The question of whether pay-cuts for civil servants and having a deficit budget are allowed under the Basic Law. 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 the principle of keeping the expenditure within the limits of revenues in drawing up its budget. During the economic downturn after 1997, there was a growing fiscal deficit, and the government imposed a pay-cut to the Civil Servants, causing the above two questions to arise.

• The term of the new Chief Executive after the original Chief Executive resigned. This question arose after the original Chief Executive Tung Chi-hwa resigned in March 10, 2005. The legal community and the pro-democracy camp claim that the term of the new Chief Executive should follow Article 46, that is, a 5 year term. However, the Hong Kong government, some Beijing figures and the pro-Beijing camp claim that it should be the remaining term of the original Chief Executive, based on some insignificant Chinese words in the Chinese version of the Basic Law, introducing the remaining term concept. The HKSAR government has sought interpretation from the Standing Committee of the National People's Congress on April 6, 2005, and the standing committee ruled on April 27, 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 the previous's remaining term. Hong Kong residents that favor autonomy view the "interpretation" from the Standing Committee as an intrusion into Hong Kong legal system by the central government in violation of the spirit of the One Country, Two Systems policy, and breaking the rule of law.

• No formal terms for extradition of criminals exist. 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 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 abducted 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 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.

The interior of an old BDTC passport that has been stamped to indicate that the bearer has the right of abode in Hong Kong. ... 1999 (MCMXCIX) was a common year starting on Friday, and was designated the International Year of Older Persons by the United Nations. ... The Standing Committee of the National Peoples Congress (NPCSC; Chinese: 全国人民代表大会常务委员会, pinyin: Quánguó Rénmín Dàibiǎo Dàhuì Chángwù Wěiyuánhuì) is a committee of about 150 members of the National Peoples Congress (NPC) of the Peoples Republic of China (PRC), which is convened between plenary sessions of the NPC... Judicial independence is the doctrine that decisions of the judiciary should be impartial and not subject to influence from the other branches of government or from private or political interests. ... Hong Kong Basic Law Article 23 is the basis (parent statute) of a security law proposed by the Hong Kong Government. ... For the Cusco album, see 2002 (album). ... 2003 (MMIII) was a common year starting on Wednesday of the Gregorian calendar. ... July 1 marches is a series of marches on July 1 held annually in Hong Kong since 2003. ... July 1 is the 182nd day of the year (183rd in leap years) in the Gregorian Calendar, with 183 days remaining. ... 2003 (MMIII) was a common year starting on Wednesday of the Gregorian calendar. ... Universal suffrage (also general suffrage or common suffrage) consists of the extension of suffrage to all adults, without distinction as to race, sex, belief, or social status. ... Hong Kong Basic Law Article 45 is a controversial article in the Basic Law (constitution) of Hong Kong. ... Hong Kong Basic Law Article 45 is a controversial article in the Basic Law (constitution) of Hong Kong. ... The Standing Committee of the National Peoples Congress (NPCSC; Chinese: 全国人民代表大会常务委员会, pinyin: Quánguó Rénmín Dàibiǎo Dàhuì Chángwù Wěiyuánhuì) is a committee of about 150 members of the National Peoples Congress (NPC) of the Peoples Republic of China (PRC), which is convened between plenary sessions of the NPC... April 26 is the 116th day of the year in the Gregorian Calendar (117th in leap years). ... 2004 (MMIV) was a leap year starting on Thursday of the Gregorian calendar. ... March 10 is the 69th day of the year in the Gregorian Calendar (70th in Leap years). ... 2005 (MMV) was a common year starting on Saturday of the Gregorian calendar. ... The Standing Committee of the National Peoples Congress (NPCSC; Chinese: 全国人民代表大会常务委员会, pinyin: Quánguó Rénmín Dàibiǎo Dàhuì Chángwù Wěiyuánhuì) is a committee of about 150 members of the National Peoples Congress (NPC) of the Peoples Republic of China (PRC), which is convened between plenary sessions of the NPC... April 6 is the 96th day of the year in the Gregorian calendar (97th in leap years). ... 2005 (MMV) was a common year starting on Saturday of the Gregorian calendar. ... April 27 is the 117th day of the year (118th in leap years) in the Gregorian Calendar, with 248 days remaining. ... 2005 (MMV) was a common year starting on Saturday of the Gregorian calendar. ... Extradition is a formal process by which a criminal suspect held by one government is handed over to another government for trial or, if the suspect has already been tried and found guilty, to serve his or her sentence. ... It has been suggested that Capital punishment debate be merged into this article or section, because the split violates the Wikipedia:Content forking guideline. ... Extradition is a formal process by which a criminal suspect held by one government is handed over to another government for trial or, if the suspect has already been tried and found guilty, to serve his or her sentence. ... The International Commission of Jurists (ICJ) is an international human rights non-government organisation. ... Judicial independence is the doctrine that decisions of the judiciary should be impartial and not subject to influence from the other branches of government or from private or political interests. ...

External links

Wikisource has original text related to this article:

Hong Kong Basic Law

• Hong Kong Government website on the Basic Law
  • Full text of the Basic Law