Danny gittings is unremitting in his efforts to synthesize, critique and. Beijings recent intrusions into the territorys autonomy. Carrie lam cheng yuetngor, chief executive, hong kong. Hong kong urged to step up efforts in basic law education. Latest news on hong kong basic law, including hong kong protests and hong kong democracy.
The court cases are extracted from the publication hong kong basic law. 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. Title restricting basic law rights in hong kong authors. Comprising nine chapters, 160 articles and three annexes.
Pdf the hong kong basic law handbook 2nd edition stuart. Hong kongs basic law is a constitution with chinese. Thoroughly revised for its second edition, the handbook canvasses new developments in hong kongs constitutional law including the. Decision of the national peoples congress on the basic law. The basic law of the hong kong special administrative region of the peoples republic of china published by the constitutional and mainland affairs bureau designed by the information services department printed by the government logistics department hong kong special administrative region government.
Using the url or doi link below will ensure access to this page indefinitely. Interpretation of article 104 of the basic law of the hong. Chinas top legislature on monday adopted an interpretation to article 104 of the basic law of the hong kong special administrative region sar. The basic law of the hong kong special administrative region of the people s republic of china shall be put into effect as of july 1, 1997.
Students know that permanent residents of the hksar enjoy some rights. The 2nd edition of this textbook has been thoroughly updated to offer fresh insights into the longterm impact of hong kong s constitutional developments that have recently captured worldwide attention, including the mass street protests in 2014 known as the umbrella movement. The main text, spanning 314 pages, presents us with a rich introduction. The basic law of the hong kong special administrative region of the peoples republic. The basic law of the hong kong special administrative.
Introduction to the hong kong basic law chinese journal. The basic law is a constitutional document for the hksar. Extract of the basic law of the hong kong special administrative region of the peoples republic of china chapter v section 3. Basic law of the hong kong special administrative region of. Students know that the basic law protects the residents of the hong kong special administrative region hksar. Garrisoning of the hong kong special administrative region. 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. Chinese constitution is fundamental to hong kongs basic law. China includes hong kong, macau, and tibet hong kong. 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. Basic law guarantees hks judicial independence hong. Title restricting basic law rights in hong kong authors young, snm citation hong kong law journal, 2004, v. The 1984 sinobritish joint declaration and the basic law of the sar specify that the sar enjoys a high degree of autonomy under the one country, two systems framework, except in matters of defense and foreign affairs. The basic law of the hong kong special administrative region of the peoples republic of china.
China adopts interpretation to basic law of hong kong sar. It also prescribes the various systems to be practised in the hksar. The hong kong basic law sets out the sources of law, the relationship between the hong kong sar and the central government, the fundamental rights and freedoms of hong kong residents, and the structure and functions of the branches of local government, and it provides for the amendment and interpretation of the basic law. It enshrines within a legal document the important concepts of one country, two. Instrument a101 the basic law of the hong kong special administrative region of the peoples republic of china. Sep 30, 2019 the sinobritish joint declaration of 1984 dictated the terms under which hong kong was returned to china.
Introduction to the hong kong basic law hong kong university. The fairness and impartiality of the judiciary in hong kong, which is free from any interference, are beyond doubt. Airport hong kong is a major international and regional aviation hub. The declaration and hong kongs basic law, the citys constitutional document. If you want to comprehend the constitutional order in hong kong, almost everyone focuses their attention on the basic law. The hong kong governments push for extradition legislation comes at the same time china is accelerating its encroachment on the territorys autonomy and freedoms guaranteed under the one country, two systems policy and the basic law, hong kongs mini constitution. The chinese university of hong kong faculty of law research paper no. The basic law is a constitutional document for the. Basic law of the hong kong special administrative region of the peoples republic of china. It states that the chief executive should be chosen by universal suffrage upon nomination by a broadly representative nominating committee as an eventual goal.
Hong kong is a special administrative region sar of the peoples republic of china prc. The hong kong basic law handbook is the leading authority on judicial consideration of the hong kong basic law. Rule of law hong kong has a wellestablished and trusted legal system based on the common law. Sar urged to firmly adhere to basic law hong kong china daily. Article 5 the socialist system and policies shall not be practised in the hong kong special. Table of hong kong basic law provisions and related documents xix. Article 4 the hong kong special administrative region shall safeguard the rights and freedoms of the residents of the hong kong special administrative region and of other persons in the region in accordance with law. Democracy in hong kong council on foreign relations. Introduction to the hong kong basic law 2nd edition introduction to the hong kong basic law hong kong university press, 2016 university of hong kong faculty of law research paper. Hong kong on the 30th anniversary of the basic law on saturday, legal experts, political leaders and educators called for greater efforts in educating the public and promoting the document that. The basic policies of the peoples republic of china regarding hong kong have been elaborated by the chinese government in the sinobritish joint declaration.
Jan 29, 2019 hong kongs independent judicial authority and the power of final adjudication are protected by the basic law, chief executive carrie lam cheng yuetngor stressed on monday. Hong kongs proposed extradition bill could extend beijings. The basic law of the hong kong special administrative region. 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 the university of hong kong. Introduction to the hong kong basic law 1st edition by. 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. An article on peoples daily described the basic law s promulgation as a milestone in turning.
Pdf introduction to the hong kong basic law 2nd edition. Law of the peoples republic of china on judicial immunity from compulsory measures concerning the assets of foreign central banks. Introduction to the hong kong basic law 2nd edition by. Law of the peoples republic of china on the exclusive economic zone and the continental shelf. The rights and freedoms of hong kong residents are safeguarded by the rule of law, an independent judiciary, legal aid, and a free and active press. Public finance, monetary affairs, trade, industry and commerce. 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. Amendment to annex ii to the basic law of the hong kong special administrative region of the peoples republic of china concerning the method for the formation of the legislative council of the hong kong special administrative region and its voting procedures recorded by the standing committee of the eleventh. Nov 03, 2018 a book published by hong kong university press introducing the hong kong basic law, the citys miniconstitution, during the hong kong book fair in july. This impressive introduction to the hong kong basic law 1 by danny gittings consists of 9 chapters and several tables and an index.
The executive authorities and legislature of the hong kong special administrative region shall be composed of permanent residents of hong kong in accordance with the relevant provisions of this law. In accordance with the constitution of the peoples republic of china, the national peoples congress hereby enacts the basic law of the hong kong special. Article 105 the hong kong special administrative region shall, in accordance with law, protect the right of individuals and legal persons to the acquisition, use, disposal and inheritance of property and their right to compensation for lawful deprivation of their property. Shipping article 124 the hong kong special administrative region shall maintain hong kongs previous systems of shipping management and shipping regulation. Students learn the definition of permanent residents of hong kong through information analysis. Jan 17, 2014 this introduction traces the origins of the hong kong basic law and the concepts and legal issues that surround it. In an important sense whether hong kong can maintain its own system and way of life, as provided for in the sinobritish joint declaration of 1984 and enshrined in the basic law for the hong kong sar 1990, will depend on the survival of what underpin them the rule of law.
The laws previously in force in hong kong, that is, the common law, rules of equity, ordinances, subordinate legislation and customary law shall. The protection of human rights under the hong kong basic law. Thoroughly revised for its second edition, the handbook canvasses new developments in hong kong s constitutional law including the. Resolution under article 75 of the basic law of the hong kong special administrative region of the peoples republic of china rules of procedure of the legislative council of the hong kong special administrative region. This approach is premised on the valid understanding that the basic law is the directly operative constitutional document of the hong kong special administrative region.
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