The covering area of the article is too board and ambiguous that people believe once enacted, civil libert. 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 clarification needed shall be maintained, except for any that contravene the basic law and subject to any amendment by the legislature of the hong kong special administrative region. The basic law of the hong kong special administrative. The basic law constitutional and mainland affairs bureau. 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. Jan 17, 2014 this introduction traces the origins of the hong kong basic law and the concepts and legal issues that surround it. Courts, politics and society after 1997 hong kong university press, 2014. Drawing on the experience of the first 15 years, it then analyses the content of the hong kong basic law, especially in relation to hong kong s political system, the judiciary, and human rights.
Article 23 if a member of the hong kong garrison violates the laws of the hong kong special administrative region, and infringes upon civil right of a. Article 158 of the basic law grants the npcsc the power to interpret the lawbut only under three criteria, writes cora chan, associate professor of law at. Elements of negligence open textbooks for hong kong. The basic law of the hong kong special administrative region the basic law was adopted on april 4, 1990 by the seventh national peoples congress npc of the prc. Mar 16, 2011 hong kong s basic law sits above all laws of the territory and is unique and important to both hong kong and china. Decision of the standing committee of the national people s congress on the english text of the basic law of the hong kong special administrative region of the people s republic of china adopted on june 28, 1990 see instrument a105 in hong kong elegislation. The basic law library is a joint project of the leisure and cultural services department and the basic law institute. Interpretation of the basic law is totally justified. The hong kong institute of chartered secretaries hong kong corporate law june 2006 suggested answers section a 1. 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 this law, and subject to any amendment by the legislature of the hong kong special administrative region.
Fundamental rights and duties of the residents article 24 residents of the hong kong special administrative region hong kong residents shall include permanent residents and nonpermanent residents. Hong kong common law hong kong is a major international business and financial centre. What is the influence of the basic law on the hong kong legal system. As professor gittings points out in his book, which includes a chapter on what might happen after hong kongs 50year autonomy ends, readability was a key aim. Introduction to the hong kong basic law 1st edition by. Decree of the president of the peoples republic of china. Since coming into effect in 1997, when the china resumed sovereignty over this special administrative region, hong kong s jurisprudence has been shaped by decisions touching upon diverse areas including the criminal process, fair hearings, property rights, human rights and even. With regard to the method for forming the legislative council of the hong kong special administrative region and its procedures for voting on bills and motions after 2007, if there is a need to amend the provisions of this annex, such amendments must be made with the endorsement of a twothirds majority of all the members of the council and the.
Dancing in fetters ng ka ling case and the rule of law in hong kong introduction. Reeker, deputy spokesman washington, dc may 2, 2003 hong kong. Under the basic law, all the laws previously in force in hong kong including common law and statues, etc. Constitutional and mainland affairs bureau the government of the hong kong special. Gittings analyses here the content of the basic law based on experiences in the first 15 years following the 1997 handover to chinese sovereignty, particularly in the areas of hong kongs political system, judiciary and human rights. The basic law library located at the 5f of city hall public library has an area of about 210m2. It was adopted on april 4, 1990 by the seventh national peoples congress npc of the peoples republic of china, with effect as of july 1, 1997. The hong kong government relies on the rule of law and the basic law to reject genuinely democratic methods of electing the chief executive in 2017. Drawing on the experience of the first 15 years, it then analyses the content of the hong kong basic law, especially in relation to hong kongs political system, the judiciary, and human rights. The faculty of law of the chinese university of hong kong. Hong kong courts should reject beijings basic law ruling.
Danny gittings, an introduction to the hong kong basic law hong kong university press, 2009 3. Introduction to the hong kong basic law by danny gittings. Separation of powers under the hk basic law by danny. Law of the hong kong constitution human rights portal.
A former journalist who reported on many of the events in the book, prof. Although it is part of china, hong kong remained a common law jurisdiction after 1997, and the laws of china are largely not applicable in hong kong. Interpretation of article 104 of the basic law of the hong. It enshrines within a legal document the important concepts of one country, two systems, hong kong people administering hong kong and a high degree of autonomy. Members of the committee for the basic law of the hong. This instrument was not given a chapter number under the legislation. Pdf the hong kong basic law handbook is the leading authority on judicial consideration of the hong kong basic law. The basic law ensures that the legal system in the hksar will continue to give effect to the rule of law by providing that the laws previously in force in hong kong shall be maintained, save for any that contravene the basic law and subject to any. The joint committee for the promotion of the basic law of hong kong organised a quiz on the basic law, held on 15 august. The stability and prosperity of hong kong depends so much on the one country, two systems arrangement that we cannot afford to take any risks. Acronyms are kept to a minimum and details set up neatly and comprehensively in footnotes so.
P y lo, the judicial construction of hong kongs basic law. The book law of the hong kong constitution is published in july 2011 and edited by johannes chan sc hon, dean and professor of law at the university of hong kong, and c. Articles 24 through 42 of the hong kong basic law set out the fundamental human rights and citizen obligations of all hong kong residents. Fundamental rights and the basic laws of the hong kong and. Basic law of the hong kong special administrative region. The basic law is a constitutional document for the. University of hong kong faculty of law research paper no. The government of the hong kong special administrative region may, when necessary, ask the central peoples government for assistance from the garrison in the maintenance of public order and in disaster relief.
It enshrines within a legal document the important concepts of one country, two. The basic law of the hong kong special administrative region of the peoples republic of china. The laws previously in force in hong kong, that is, the common law, rules of equity, ordinances, subordinate legislation and customary law shall. It is the aim set out in the basic law for the people of hong kong that the policies of one country, two systems, hong kong people administering hong kong and a high degree of autonomy shall be implemented under the framework of the basic law. Hong kongs basic law sits above all laws of the territory and is unique and important to both hong kong and china. Please note that this course is not in any way connected to the british association of intermediate care basics. Drafting and making legislation in hong kong drafting legislation in hong kong a guide to styles and practices how legislation is made in hong kong a drafters view of the process. The constitution of the peoples republic of china chinese constitution, the basic law of the macau sar mbl, and the basic law of the hong kong sar hkbl all share the same characteristic of providing for fundamental rights and duties of citizens or residents, as the case may be, within a single chapter.
Latest news on hong kong basic law, including hong kong protests and hong kong democracy. This introduction traces the origins of the hong kong basic law and the concepts and legal issues that surround it. Legal system of the hong kong special administrative region. The basic law of the hong kong special administrative region of. The basic law is a constitutional document for the hksar. Council member ip shing hing was one of the panel judges. Although it is far from clear how far the drafters of the hong kong basic law ever intended a system of separation of powers to be practiced in hong kong, that is how the hong kong courts have interpreted the effect of the provisions in that constitutional document, the hong kong basic law. All of the participants answered the questions expeditious and accurately. The basic law of the hong kong special administrative region of the peoples republic of china one country two systems economic research institute or other editions.
Since coming into effect in 1997, when the china resumed sovereignty over this special administrative region, hong kongs jurisprudence has been shaped by decisions touching upon diverse areas including the criminal process, fair hearings. It states that the chief executive should be chosen by universal suffrage upon nomination by a broadly representative nominating committee as an eventual goal. Under article 2 of the law, the national peoples congress npc authorizes the hksar to exercise a high degree of autonomy and enjoy executive, legislative and independent judicial. The strong commitment of the faculty towards excellence in research is supported by a strong research management structure and the cuhk law community of researchers which has resulted in top quality research outputs and success in research grants. What is the influence of the basic law on the hong kong. Introduction to the hong kong basic law hong kong lawyer. Hong kong laws are generally composed of the basic law, common law, rules of equity and statute law. Wikipedia article, wikidata item adopted at the third session of the seventh national peoples congress on april 4, 1990, promulgated by order no. It also prescribes the various systems to be practised in the hksar. The united states continues to follow closely the hong kong governments consideration of draft legislation on treason, sedition, secession, and subversion as mandated under article 23 of the basic law, and notes that the government has changed its initial draft in response.
The hong kong institute of chartered secretaries suggested. Hong kong special administrative region 53 instrument 1 decision of the standing committee of the national peoples congress on approving the amendment to annex i to the basic law of the hong kong special administrative region of the peoples republic of china. The basic law ensures that the legal system in the hksar will continue to give effect to the rule of law by providing that the laws previously in force in hong kong shall be maintained, save for any that contravene the basic law and subject to any subsequent amendment by the hksar legislature. The document the basic law is a constitutional document for the hksar. Since its establishment in 2006, the faculty of law has accumulated successes in leaps and bounds. Feb 20, 2017 information about this edition sister projects. On that same day, the constitutional document of the hksar, the basic law of hong kong, went into effect. Lim, professor of law at the university of hong kong and visiting professor at the school of law, kings college london. The controversy is that the government can use article 23 to intimidate, arrest, prosecute political dissentients and activists at will. The progressive lawyers group is a group of hong kong lawyers dedicated to promoting core values of rule of law, judicial independence, democracy, human rights, freedom, and justice. Ng ka ling case is not the first constitutional case that the hong kong court employed its judicial interpretation to interpret the basic law of the hong kong special administrative region of the peoples republic of china basic law. The basic law of the hksar is similar to a miniconstitution for the hksar. The hong kong basic law lexisnexis hong kong store. Law of the peoples republic of china on judicial immunity from compulsory measures concerning the assets of foreign central banks.
Instrument 8 explanations on the basic law of the hong kong special administrative region of the peoples republic of china draft and its related documents. National laws to be applied in the hong kong special administrative region the following national laws shall be applied locally with effect from 1 july 1997 by way of promulgation or legislation. What is controversial about basic law article 23 of hong kong. Concerns, organization and findings december 20, 20. Within a provision or section, the law is shaded in grey at the top followed by the annotations and commentary. Oct 23, 2012 with regard to the method for forming the legislative council of the hong kong special administrative region and its procedures for voting on bills and motions after 2007, if there is a need to amend the provisions of this annex, such amendments must be made with the endorsement of a twothirds majority of all the members of the council and the. The progressive lawyers group is a group of hong kong lawyers dedicated to promoting core values of rule of law, judicial independence, democracy, human rights. It was adopted on april 4, 1990 by the seventh national peoples congress npc of the peoples republic of china, with effect as of july 1, 1997 on july 1, 1997, great britain acceded the former colony of hong kong and the new territories to the peoples republic of china. In addition to abiding by national laws, members of the garrison shall abide by the laws of the hong kong special administrative region.
The basic law of the hksar was enacted by the national peoples congress in accordance with the constitution of the peoples republic of china. Hong kongs courts could refuse to be bound by beijings controversial ruling on the basis that it has violated multiple provisions of the basic law, barrister and former lawmaker margaret ng. The library was opened on 20 december 2004 and is managed by the hong kong public libraries, leisure and cultural services department. Each annotation has a clear arrangement of commentary document and a table of contents for the annotation. Members of the committee for the basic law of the hong kong. It took effect on 1 july 1997 on the establishment of the hksar. It is a statutory holiday in hong kong, as provided in the general holidays ordinance, in commemoration of hong kongs handover from the united kingdom to the peoples republic of china on july 1, 1997. The basic law and democratization in hong kong liberal constitutional agenda, putting the basic law and hong kong s high degree of autonomy at risk. Basic law of the hong kong special administrative region of the peoples republic of china. First, article 24 defines who are hong kong residents, which primarily includes anyone born in hong kong as well as anyone who has legally resided in hong kong for seven years. The basic law of hong kong serves as the constitution of hong kong. Members of the committee for the basic law of the hong kong special administrative region under the standing committee of the national peoples congress1 chairman li fei2 vicechairmen elsie, leung oi sie zhang rongshun3 members lau nai keung zheng shuna.
The chinese governments new interpretation of the basic law pushes back the day when hong kong people will be able to exercise their right to choose their political leaders, human rights watch. Those accidents began with the british colonizers agreeing, for reasons of diplomacy. The united states continues to follow closely the hong kong governments consideration of draft legislation on treason, sedition, secession, and subversion as mandated under article 23 of the basic law, and notes that the government has. As to improve hong kongs competitiveness and attractiveness therefore the government launched a major and comprehensive exercise to rewrite the companies ordinance co in mid2006. Teams were formed by students and members of the public. The aim of the basic course is to teach participants to rapidly assess seriously. Even if a plaintiff can prove each of these aspects, the defendant may be able to show that the law excuses the conduct that is the basis for the tort claim. Bank of china hong kong limited merger bill the first decision was made in. On july 1, 1997, great britain acceded the former colony of hong kong and the new territories to the peoples republic of china. The basic law and democratization in hong kong the basic law surely put the government under pressure to abandon its resistance to democracy.
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