What privileges does the Hong Kong Special Administrative Region enjoy?

One country, two systems

One country, two systems was a pioneering initiative to solve Hong Kong's problems, and it is also the cornerstone of Hong Kong's continued prosperity. Hong Kong has its own symbols, namely the regional flag and regional emblem. At the same time, Hong Kong also has a different social form and economic model from mainland China.

Hong Kong’s regional flag and regional emblem

The regional flag of the Hong Kong Special Administrative Region has a red background. The red and white colors symbolize one country, two systems. There is a white bauhinia flower with five-star stamens in the center. Pattern, Bauhinia is the symbol of Hong Kong. The blooming Bauhinia symbolizes the prosperity of Hong Kong, and the red background symbolizes that Hong Kong always relies on the motherland.

The regional emblem of the Hong Kong Special Administrative Region is the emblem representing Hong Kong. The regional emblem imitates the design of the Hong Kong regional flag, with a white bauhinia flower in the inner circle and a red background. The outer circle is in red letters on a white background, with "Hong Kong Special Administrative Region of the People's Republic of China" written in traditional Chinese and HONG KONG (Hong Kong) in English.

Social Economics

Hong Kong will maintain its original social system and economic operation model after the return. Hong Kong has an independent judicial system. Hong Kong issues and circulates its own currency, the Hong Kong dollar, which is independently issued. Stamps (the mark of the stamp is "Hong Kong, China"), in international sports competitions, participate in international sports events in the name of "Hong Kong, China". Hong Kong participates in the World Trade Organization and many other international organizations as an independent "Hong Kong, China". Hong Kong operates its own mature fiscal and financial system and has its own immigration policy. As of the end of 2007, citizens or residents of 170 countries and regions around the world can enter Hong Kong visa-free.

The "Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China", including Annex 1: "Methods for the Selection of the Chief Executive of the Hong Kong Special Administrative Region", Annex 2: "Methods for the Selection and Voting of the Legislative Council of the Hong Kong Special Administrative Region" Procedures", Annex 3: "National Laws Implemented in the Hong Kong Special Administrative Region", as well as the regional flag and regional emblem of the Hong Kong Special Administrative Region, have been adopted by the Third Session of the Seventh National People's Congress of the People's Republic of China at the Passed on April 4, 1990, it is hereby announced and will be implemented on July 1, 1997.

Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China

Table of Contents

Preface

Chapter 1 General Provisions

< p> Chapter 2: The relationship between the central government and the Hong Kong Special Administrative Region

Chapter 3: Basic rights and obligations of residents

Chapter 4: Political system

Section 1 Chief Executive

Section 2 Executive Agencies

Section 3 Legislature

Section 4 Judiciary

Section 5 Regional Organizations

Section 6 Civil Servants

Chapter 5 Economy

Section 1 Finance, Finance, Trade and Industry and Commerce

Section 2 Land Contract

Section 3 Shipping

Section 4 Civil Aviation

Chapter 6 Education, Science, Culture, Sports, Religion, Labor and Social Services< /p>

Chapter 7 External Affairs

Chapter 8 Interpretation and Amendment of this Law

Chapter 9 Supplementary Provisions

Annex 1 Hong Kong Special Administrative Region Methods for selecting the Chief Executive

Annex 2 Methods for selecting the Legislative Council of the Hong Kong Special Administrative Region and voting procedures

Annex 3 National laws implemented in the Hong Kong Special Administrative Region

Preface

Hong Kong has been a territory of China since ancient times and was occupied by Britain after the Opium War in 1840. On December 19, 1984, the Chinese and British governments signed a joint statement on the Hong Kong issue, confirming that the Government of the People's Republic of China would resume the exercise of sovereignty over Hong Kong on July 1, 1997. This has realized the long-standing common wish of the Chinese people to take back Hong Kong.

In order to maintain the unity and territorial integrity of the country, maintain the prosperity and stability of Hong Kong, and take into account the history and current situation of Hong Kong, the country has decided that when it resumes the exercise of sovereignty over Hong Kong, it shall, in accordance with the Constitution of the People's Republic of China Article 31 of the Constitution of the Republic of China stipulates the establishment of the Hong Kong Special Administrative Region and in accordance with the policy of "one country, two systems", socialist systems and policies will not be implemented in Hong Kong. The country’s basic principles and policies towards Hong Kong have been clarified by the Chinese government in the Sino-British Joint Declaration.

In accordance with the Constitution of the People's Republic of China, the National People's Congress has formulated the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China to stipulate the system to be implemented in the Hong Kong Special Administrative Region to protect the country's basic rights over Hong Kong. Implementation of principles and policies.

Chapter 1 General Provisions

Article 1 The Hong Kong Special Administrative Region is an inalienable part of the Republic of China.

Article 2 The National People's Congress authorizes the Hong Kong Special Administrative Region to exercise a high degree of autonomy in accordance with the provisions of this Law and to enjoy administrative power, legislative power, independent judicial power and final adjudication power.

Article 3 The administrative agencies and legislative bodies of the Hong Kong Special Administrative Region shall be composed of Hong Kong permanent residents in accordance with the relevant provisions of this Law.

Article 4 The Hong Kong Special Administrative Region shall protect the rights and freedoms of residents and other persons of the Hong Kong Special Administrative Region in accordance with the law.

Article 5 The Hong Kong Special Administrative Region will not implement the socialist system and policies, but will maintain its original capitalist system and way of life unchanged for fifty years.

Article 6 The Hong Kong Special Administrative Region shall protect private property rights in accordance with the law.

Article 7 The land and natural resources in the Hong Kong Special Administrative Region are owned by the state, and the Hong Kong Special Administrative Region government is responsible for the management, use, development, lease or grant to individuals, legal persons or groups for use or development. All are under the control of the Government of the Hong Kong Special Administrative Region.

Article 8 The original laws of Hong Kong, namely common law, equity, ordinances, subsidiary legislation and customary law, shall be retained except those that conflict with this law or have been amended by the legislative body of the Hong Kong Special Administrative Region. .

Article 9 In addition to using Chinese, the administrative, legislative and judicial organs of the Hong Kong Special Administrative Region may also use English, which is also an official language.

Article 10 In addition to flying the national flag and national emblem of the People's Republic of China, the Hong Kong Special Administrative Region may also use the regional flag and regional emblem of the Hong Kong Special Administrative Region.

The regional flag of the Hong Kong Special Administrative Region is the bauhinia red flag with five-star stamens.

The regional emblem of the Hong Kong Special Administrative Region has a bauhinia flower with five-star stamens in the center, and the words "Hong Kong Special Administrative Region of the People's Republic of China" and "Hong Kong" in English are written around it.

Article 11 According to Article 31 of the Constitution of the People’s Republic of China, the systems and policies of the Hong Kong Special Administrative Region, including social and economic systems, are related to the systems that protect the basic rights and freedoms of residents. , administrative, legislative and judicial systems, as well as relevant policies, are all based on the provisions of this law.

No law enacted by the legislative body of the Hong Kong Special Administrative Region shall conflict with this Law.

Basic rights and obligations of residents

Article 24 Residents of the Hong Kong Special Administrative Region, referred to as Hong Kong residents, include permanent residents and non-permanent residents.

Permanent residents of the Hong Kong Special Administrative Region are:

(1) Chinese citizens born in Hong Kong before or after the establishment of the Hong Kong Special Administrative Region;

(2) Chinese citizens who have ordinarily resided in Hong Kong for more than seven consecutive years before or after the establishment of the Hong Kong Special Administrative Region;

(3) Chinese citizens who were born outside Hong Kong to the residents listed in items (1) and (2) (4) Non-Chinese nationals who entered Hong Kong with valid travel documents before or after the establishment of the Hong Kong Special Administrative Region, ordinarily resided in Hong Kong for more than seven consecutive years, and made Hong Kong their permanent residence;

(5) Children under the age of 21 who were born in Hong Kong to the residents listed in item (4) before or after the establishment of the Hong Kong Special Administrative Region;

(6) Persons other than residents listed in items (1) to (5) who only had the right of abode in Hong Kong before the establishment of the Hong Kong Special Administrative Region.

The above residents enjoy the right of abode in the Hong Kong Special Administrative Region and are eligible to obtain permanent resident identity cards stating their right of abode in accordance with the laws of the Hong Kong Special Administrative Region.

Non-permanent residents of the Hong Kong Special Administrative Region are: people who are eligible to obtain a Hong Kong Resident Identity Card in accordance with the laws of the Hong Kong Special Administrative Region, but do not have the right of abode.

Article 25 All Hong Kong residents are equal before the law.

Article 26 Permanent residents of the Hong Kong Special Administrative Region shall enjoy the right to vote and to stand for election in accordance with the law.

Article 27 Hong Kong residents enjoy freedom of speech, press, and publication, freedom of association, assembly, procession, and demonstration, and the right and freedom to organize and participate in trade unions and to strike.

Article 28 The personal freedom of Hong Kong residents shall be inviolable.

Hong Kong residents are not subject to arbitrary or unlawful arrest, detention, or imprisonment. It is prohibited to arbitrarily or illegally search the body of residents, deprive or restrict residents' personal freedom. It is prohibited to torture residents or arbitrarily or illegally deprive residents of their lives.

Article 29 The residences and other properties of Hong Kong residents shall be inviolable. Arbitrary or illegal searches and intrusions into residents' homes and other properties are prohibited.

Article 30 The freedom of communication and communication confidentiality of Hong Kong residents are protected by law. Except for the inspection of communications by relevant agencies in accordance with legal procedures due to public security and the need to investigate criminal crimes, no department or individual may infringe on residents' freedom of communication and communication confidentiality for any reason.

Article 31 Hong Kong residents have the freedom of movement within the Hong Kong Special Administrative Region and the freedom to emigrate to other countries and regions. Hong Kong residents have freedom of travel and entry and exit. Holders of valid travel documents are free to leave the Hong Kong Special Administrative Region without special approval, unless prohibited by law.

Article 32 Hong Kong residents have freedom of belief.

Hong Kong residents have freedom of religious belief, freedom to preach openly, and to hold and participate in religious activities.

Article 33 Hong Kong residents have the freedom to choose their profession.

Article 34 Hong Kong residents have the freedom to conduct academic research, literary and artistic creation and other cultural activities.

Article 35 Hong Kong residents have the right to receive confidential legal advice, file a lawsuit in court, choose a lawyer to promptly protect their legitimate rights and interests, or represent them in court and obtain judicial remedies.

Hong Kong residents have the right to bring lawsuits in court against the actions of administrative departments and administrative personnel.

Article 36 Hong Kong residents have the right to enjoy social welfare in accordance with the law. Workers' welfare benefits and retirement security are protected by law.

Article 37 The freedom of marriage and voluntary childbearing rights of Hong Kong residents are protected by law.

Article 38 Hong Kong residents shall enjoy other rights and freedoms guaranteed by the laws of the Hong Kong Special Administrative Region.

Article 39 The relevant provisions of the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights and the International Labor Convention applicable to Hong Kong shall continue to be valid through the Hong Kong Special Administrative Region laws are implemented.

The rights and freedoms enjoyed by Hong Kong residents shall not be restricted except in accordance with legal provisions, and such restrictions shall not conflict with the provisions of paragraph 1 of this article.

Article 40 The legitimate and traditional rights and interests of the indigenous residents of the "New Territories" are protected by the Hong Kong Special Administrative Region.

Article 41 Persons other than Hong Kong residents in the Hong Kong Special Administrative Region shall enjoy the rights and freedoms of Hong Kong residents stipulated in this Chapter in accordance with the law.

Article 42 Hong Kong residents and other persons in Hong Kong have the obligation to abide by the laws in force in the Hong Kong Special Administrative Region.

Political System

Section 1 Chief Executive

Article 43 The Chief Executive of the Hong Kong Special Administrative Region is the head of the Hong Kong Special Administrative Region and represents the Hong Kong Special Administrative Region.

The Chief Executive of the Hong Kong Special Administrative Region shall be responsible to the Central People's Government and the Hong Kong Special Administrative Region in accordance with the provisions of this Law.

Article 44 The Chief Executive of the Hong Kong Special Administrative Region shall be a Chinese citizen who is a permanent resident of the Hong Kong Special Administrative Region who is over forty years old, has ordinarily resided in Hong Kong for twenty consecutive years, and has no right of abode in any foreign country. Serve.

Article 45 The Chief Executive of the Hong Kong Special Administrative Region shall be elected through local election or consultation and appointed by the Central People's Government.

The method for selecting the Chief Executive is stipulated based on the actual situation of the Hong Kong Special Administrative Region and the principle of gradualism, and ultimately achieves the goal of being elected by universal suffrage after nomination by a broadly representative nomination committee in accordance with democratic procedures.

The specific method for selecting the Chief Executive is stipulated in Annex 1 "Methods for the Selection of the Chief Executive of the Hong Kong Special Administrative Region".

Article 46 The term of office of the Chief Executive of the Hong Kong Special Administrative Region is five years and may be re-elected once.

Article 47 The Chief Executive of the Hong Kong Special Administrative Region must be honest and dedicated to his duties.

When taking office, the Chief Executive shall declare his property to the Chief Judge of the Court of Final Appeal of the Hong Kong Special Administrative Region and record it on record.

Article 48 The Chief Executive of the Hong Kong Special Administrative Region shall exercise the following powers:

(1) Lead the Government of the Hong Kong Special Administrative Region;

(2) Responsible for the implementation of this and other laws applicable to the Hong Kong Special Administrative Region in accordance with this law;

(3) Sign bills passed by the Legislative Council and promulgate laws;

Sign the budget bill passed by the Legislative Council, Submit the fiscal budget and final accounts to the Central People's Government for record;

(4) Decide on government policies and issue administrative orders;

(5) Nominate and submit to the Central People's Government for appointment of the following principal officials: Directors, deputy directors of departments, directors of all bureaus, Commissioner for Integrity, Director of Audit, Commissioner of Police, Director of Immigration, and Commissioner of Customs; recommend that the Central People's Government remove the above-mentioned officials from their posts;

< p> (6) Appoint and remove judges of courts at all levels in accordance with legal procedures;

(7) Appoint and remove public officials in accordance with legal procedures;

(8) Implement the provisions of the Central People's Government on this Law Instructions issued on relevant matters;

(9) Representing the Hong Kong Special Administrative Region government in handling external affairs and other matters authorized by the central government;

(10) Approving submissions to the Legislative Council regarding relevant financial revenue or Motion for expenditure;

(11) Based on considerations of security and major public interests, decide whether government officials or other persons responsible for government affairs will testify and provide information to the Legislative Council or its committees Evidence;

(12) Pardon or reduce the punishment of criminal offenders;

(13) Handle petitions and complaints.

Article 49 If the Chief Executive of the Hong Kong Special Administrative Region believes that a bill passed by the Legislative Council is not in the overall interests of the Hong Kong Special Administrative Region, he may send the bill back to the Legislative Council for reconsideration within three months. The Legislative Council If the original bill is passed again by no less than two-thirds majority of all members, the Chief Executive must sign and publish it within one month or handle it in accordance with the provisions of Article 50 of this Law.

Article 50 If the Chief Executive of the Hong Kong Special Administrative Region refuses to sign a bill passed again by the Legislative Council or the Legislative Council refuses to pass a budget bill or other important bill proposed by the government, and if consensus cannot be reached after consultation, the executive The Chief Executive may dissolve the Legislative Council.

The Chief Executive must consult the Executive Council before dissolving the Legislative Council. The Chief Executive can only dissolve the Legislative Council once during his term.

Article 51 If the Legislative Council of the Hong Kong Special Administrative Region refuses to approve the budget proposed by the government, the Chief Executive may apply to the Legislative Council for temporary funding. If appropriation cannot be approved because the Legislative Council has been dissolved, the Chief Executive may approve temporary short-term appropriations based on the expenditure standards of the previous fiscal year for a period before the election of a new Legislative Council.

Article 52 The Chief Executive of the Hong Kong Special Administrative Region must resign under any of the following circumstances:

(1) Inability to perform his duties due to serious illness or other reasons;

(2) The Legislative Council was dissolved due to two refusals to sign bills passed by the Legislative Council. The re-elected Legislative Council still passed the controversial original bill with a two-thirds majority of all members, but the Chief Executive still refused to sign;

(3) The Legislative Council is dissolved because the Legislative Council refuses to pass the budget or other important bills, and the re-elected Legislative Council continues to refuse to pass the original controversial bill.

Article 53 When the Chief Executive of the Hong Kong Special Administrative Region is unable to perform his duties for a short period of time, the Chief Secretary for Administration, the Financial Secretary, and the Secretary for Justice shall temporarily act on his behalf.

When the Chief Executive becomes vacant, a new Chief Executive shall be elected within six months in accordance with the provisions of Article 45 of this Law. The appointment of the chief executive during his vacancy shall be handled in accordance with the provisions of the preceding paragraph.

Article 54 The Executive Council of the Hong Kong Special Administrative Region is an organization that assists the Chief Executive in decision-making.

Article 55 The members of the Executive Council of the Hong Kong Special Administrative Region are appointed by the Chief Executive from among the principal officials of the administrative agencies, members of the Legislative Council and members of the public. Their appointment and removal are decided by the Chief Executive. The term of office of a member of the Executive Council shall not exceed the term of the Chief Executive who appointed him.

The members of the Executive Council of the Hong Kong Special Administrative Region shall be Chinese citizens who are permanent residents of the Hong Kong Special Administrative Region without the right of abode in foreign countries.

The Chief Executive may invite relevant persons to attend meetings when he deems it necessary.

Article 56 The Executive Council of the Hong Kong Special Administrative Region shall be chaired by the Chief Executive.

The Chief Executive must consult the Executive Council before making important decisions, submitting bills to the Legislative Council, formulating subsidiary regulations, and dissolving the Legislative Council, except for personnel appointments and removals, disciplinary sanctions, and measures taken in emergencies. .

If the Chief Executive does not adopt the opinion of a majority of the members of the Executive Council, the specific reasons should be recorded in the record.

Article 57 The Hong Kong Special Administrative Region shall establish an Independent Commission Against Corruption to work independently and be accountable to the Chief Executive.

Article 58 The Hong Kong Special Administrative Region shall establish an Audit Office to work independently and be accountable to the Chief Executive.

Section 2 Administrative Agencies

Article 59 The Government of the Hong Kong Special Administrative Region is the administrative agency of the Hong Kong Special Administrative Region.

Article 60 The head of the government of the Hong Kong Special Administrative Region is the Chief Executive of the Hong Kong Special Administrative Region.

The Government of the Hong Kong Special Administrative Region consists of the Chief Secretary for Administration, the Financial Secretary, the Department of Justice and various bureaux, offices and departments.

Article 61 The principal officials of the Hong Kong Special Administrative Region shall be Chinese citizens who are permanent residents of the Hong Kong Special Administrative Region who have ordinarily resided in Hong Kong for fifteen consecutive years and have no right of abode in any foreign country.

Article 62 The Government of the Hong Kong Special Administrative Region shall exercise the following powers:

(1) Formulate and implement policies;

(2) Manage various administrative affairs ;

(3) Handle external affairs authorized by the Central People's Government as stipulated in this Law;

(4) Prepare and submit financial budgets and final accounts;

( 5) Draft and propose bills, motions, and subsidiary regulations;

(6) Appoint officials to attend the Legislative Council and speak on behalf of the government.

Article 63 The Department of Justice of the Hong Kong Special Administrative Region is in charge of criminal prosecution work and is not subject to any interference.

Article 64 The Hong Kong Special Administrative Region Government must abide by the law and be responsible to the Legislative Council of the Hong Kong Special Administrative Region: implement laws passed by the Legislative Council and have taken effect; make regular policy addresses to the Legislative Council; reply to members of the Legislative Council Questions; taxation and public expenditure must be approved by the Legislative Council.

Article 65 The original system of establishing consulting organizations by administrative agencies will continue to be retained.

Section 3 Legislature

Article 66 The Legislative Council of the Hong Kong Special Administrative Region is the legislative body of the Hong Kong Special Administrative Region.

Article 67 The Legislative Council of the Hong Kong Special Administrative Region shall be composed of Chinese citizens who are permanent residents of the Hong Kong Special Administrative Region with no right of abode in foreign countries. However, non-Chinese permanent residents of the Hong Kong Special Administrative Region and permanent residents of the Hong Kong Special Administrative Region with the right of abode in foreign countries can also be elected as members of the Legislative Council of the Hong Kong Special Administrative Region, and their proportion shall not exceed 2% of all members of the Legislative Council. ten.

Article 68 The Legislative Council of the Hong Kong Special Administrative Region shall be elected.

The method for selecting the Legislative Council is stipulated based on the actual situation of the Hong Kong Special Administrative Region and the principle of gradualism, with the ultimate goal of achieving the goal of selecting all members by universal suffrage.

The specific methods for the formation of the Legislative Council and the voting procedures for bills and motions are stipulated in Annex 2 "Methods for the formation and voting procedures of the Legislative Council of the Hong Kong Special Administrative Region".

Article 69 The term of each term of the Legislative Council of the Hong Kong Special Administrative Region shall be four years, except for the first term of two years.

Article 70 If the Legislative Council of the Hong Kong Special Administrative Region is dissolved by the Chief Executive in accordance with the provisions of this Law, it must be re-elected within three months in accordance with the provisions of Article 68 of this Law.

Article 71 The President of the Legislative Council of the Hong Kong Special Administrative Region shall be elected from among the members of the Legislative Council.

The Chairman of the Legislative Council of the Hong Kong Special Administrative Region shall be a Chinese citizen who is a permanent resident of the Hong Kong Special Administrative Region who is over 40 years old, has ordinarily resided in Hong Kong for more than 20 consecutive years, and has no right of abode in a foreign country.

Article 72 The President of the Legislative Council of the Hong Kong Special Administrative Region shall exercise the following powers:

(1) Preside over meetings;

(2) Decide on the agenda and the government’s proposals Proposals must be prioritized on the agenda;

(3) Determine the meeting time;

(4) Special meetings can be held during the adjournment period;

(5) Convene an emergency meeting at the request of the Chief Executive;

(6) Other powers stipulated in the rules of procedure of the Legislative Council.

Article 73 The Legislative Council of the Hong Kong Special Administrative Region shall exercise the following powers:

(1) To formulate, amend and repeal laws in accordance with the provisions of this Law and in accordance with legal procedures;

(2) Review and approve the fiscal budget based on the government’s proposals;

(3) Approval of taxation and public expenditures;

(4) Listen to the Chief Executive’s instructions Policy address and debate;

(5) Raise questions on the work of the government;

(6) Debate on any issues related to public interest;

< p> (7) Agree on the appointment and removal of judges of the Court of Final Appeal and the Chief Judge of the High Court;

(8) Accept and handle complaints from Hong Kong residents;

(9) If all members of the Legislative Council A quarter of the joint motion accuses the Chief Executive of serious violations of laws or dereliction of duty without resigning. After the Legislative Council passes the investigation, the Legislative Council can entrust the Chief Justice of the Court of Final Appeal to form an independent investigation committee and serve as the chairman. The Investigative Committee is responsible for conducting investigations and submitting reports to the Legislative Council. If the investigative committee believes that there is sufficient evidence to constitute the above-mentioned accusation, the Legislative Council may, with the approval of a two-thirds majority of all members, propose an impeachment case and submit it to the Central People's Government for decision.

(10) When exercising the above powers, relevant persons may be summoned to testify and provide evidence if necessary.

Article 74: Members of the Legislative Council of the Hong Kong Special Administrative Region shall submit draft laws in accordance with the provisions of this Law and in accordance with legal procedures. Any bill that does not involve public expenditure or political structure or government operations may be submitted by members of the Legislative Council. Filed individually or jointly. Any matter involving government policy must obtain the written consent of the Chief Executive before being proposed.

Article 75 The quorum for meetings of the Legislative Council of the Hong Kong Special Administrative Region shall be no less than one-half of all members.

The rules of procedure of the Legislative Council shall be formulated by the Legislative Council itself, but shall not conflict with this Law.

Article 76 A bill passed by the Legislative Council of the Hong Kong Special Administrative Region must be signed and announced by the Chief Executive before it can take effect.

Article 77 Members of the Legislative Council of the Hong Kong Special Administrative Region who speak at meetings of the Legislative Council shall not be held accountable by law.

Article 78 Members of the Legislative Council of the Hong Kong Special Administrative Region are not subject to arrest when attending meetings or on the way to meetings.

Article 79: If a member of the Legislative Council of the Hong Kong Special Administrative Region falls into any of the following circumstances, the President of the Legislative Council shall declare that he or she is disqualified from being a member of the Legislative Council:

(1) Due to serious reasons Inability to perform duties due to illness or other circumstances;

(2) Failure to attend meetings for three consecutive months without the consent of the Chairman of the Legislative Council without reasonable explanation;

(3) Loss of Or give up the status of permanent residents of the Hong Kong Special Administrative Region;

(4) Accept the appointment of the government and serve as a public servant;

(5) Bankruptcy or failure to perform debts ordered by the court;

(6) Being convicted of a criminal offense within or outside the Hong Kong Special Administrative Region, sentenced to imprisonment for more than one month, and dismissed from office with the approval of two-thirds of the members of the Legislative Council present; /p>

(7) Misbehavior or violation of oaths resulting from censure by two-thirds of the members of the Legislative Council present at the meeting.

Section 4 Judicial Organs

Article 80 The courts at all levels of the Hong Kong Special Administrative Region are the judicial organs of the Hong Kong Special Administrative Region and exercise the judicial power of the Hong Kong Special Administrative Region.

Article 81 The Hong Kong Special Administrative Region shall establish the Court of Final Appeal, the High Court, the District Court, the Magistrates' Courts and other specialized courts. The High Court has the Court of Appeal and the Court of First Instance.

The judicial system originally implemented in Hong Kong will be retained except for changes caused by the establishment of the Court of Final Appeal of the Hong Kong Special Administrative Region.

Article 82 The final jurisdiction of the Hong Kong Special Administrative Region belongs to the Court of Final Appeal of the Hong Kong Special Administrative Region. The Court of Final Appeal may invite judges from other common law jurisdictions to participate in the trial if necessary.

Article 83 The organization and powers of the courts at all levels in the Hong Kong Special Administrative Region shall be prescribed by law.

Article 84 The courts of the Hong Kong Special Administrative Region shall try cases in accordance with the laws applicable to the Hong Kong Special Administrative Region as stipulated in Article 18 of this Law. Judicial precedents in other common law applicable areas may be used as reference.

Article 85 The courts of the Hong Kong Special Administrative Region shall conduct trials independently without any interference, and judicial officers shall not be held accountable for their performance of judicial duties.

Article 86 The principles of the jury system originally implemented in Hong Kong shall be retained.

Article 87 In criminal proceedings and civil proceedings in the Hong Kong Special Administrative Region, the principles originally applicable in Hong Kong and the rights enjoyed by the parties shall be retained.

Anyone who is lawfully arrested has the right to receive a fair trial by the judicial authorities as soon as possible and is presumed innocent until convicted by the judicial authorities.

Article 88 The judges of the courts of the Hong Kong Special Administrative Region shall be appointed by the Chief Executive based on the recommendations of an independent committee composed of local judges and prominent figures in the legal profession and other fields.

Article 89: Only when the judges of the courts of the Hong Kong Special Administrative Region are unable to perform their duties or have misbehaved, the Chief Executive may appoint no less than three local judges appointed by the Chief Justice of the Court of Final Appeal. be dismissed from office on the recommendation of the review tribunal.

Only if the chief judge of the Court of Final Appeal of the Hong Kong Special Administrative Region is unable to perform his duties or has misbehaved, the Chief Executive may appoint a review tribunal composed of no less than five local judges to conduct deliberations, and may It recommended that he be removed from office in accordance with the procedures prescribed by this Act.

Article 90 The Chief Judge of the Court of Final Appeal and the High Court of the Hong Kong Special Administrative Region shall be a Chinese citizen who is a permanent resident of the Hong Kong Special Administrative Region with no right of abode in a foreign country.

In addition to the procedures stipulated in Articles 88 and 89 of this Law, the appointment or removal of judges of the Court of Final Appeal and the Chief Judge of the High Court of the Hong Kong Special Administrative Region must be obtained from the Chief Executive The Legislative Council agreed and reported it to the Standing Committee of the National People's Congress for the record.

Article 91 The original appointment and removal system for judicial officers other than judges of the Hong Kong Special Administrative Region shall continue to be maintained.

Article 92 Judges and other judicial personnel of the Hong Kong Special Administrative Region shall be selected on the basis of their judicial and professional abilities, and may be recruited from other common law jurisdictions.

Article 93 Judges and other judicial personnel who served in Hong Kong before the establishment of the Hong Kong Special Administrative Region may be retained, their seniority shall be retained, and their salaries, allowances, benefits and service conditions shall not be lower than those of the original ones. standard.

For judges and other judicial officers who have retired or resigned in compliance with the regulations, including those who retired or resigned before the establishment of the Hong Kong Special Administrative Region, regardless of their nationality or place of residence, the Hong Kong Special Administrative Region Government shall treat them at a level no less favorable than the original standards, and pay them or their dependents their due pensions, gratuities, allowances and benefits.

Article 94 The Government of the Hong Kong Special Administrative Region may, with reference to the measures originally implemented in Hong Kong, make regulations regarding the work and practice of local and foreign lawyers in the Hong Kong Special Administrative Region.

Article 95 The Hong Kong Special Administrative Region may maintain judicial contact and provide mutual assistance with judicial authorities in other regions of the country through consultation and in accordance with the law.

Article 96 With the assistance or authorization of the Central People's Government, the Government of the Hong Kong Special Administrative Region may make appropriate arrangements for mutual legal assistance with foreign countries.

Section 5 Regional Organizations

Article 97 The Hong Kong Special Administrative Region may establish non-governmental regional organizations to receive consultation from the Hong Kong Special Administrative Region Government on relevant regional management and other matters. , or be responsible for providing cultural, recreational, environmental sanitation and other services.

Article 98 The powers and composition methods of regional organizations shall be prescribed by law.

Section 6 Civil Servants

Article 99 Public servants serving in various departments of the Hong Kong Special Administrative Region government must be permanent residents of the Hong Kong Special Administrative Region. This does not apply to foreign civil servants who are otherwise stipulated in Article 101 of this Law or who are below a certain rank as stipulated by law.

Public servants must fulfill their duties faithfully and be accountable to the Government of the Hong Kong Special Administrative Region.

Article 100 Civil servants who served in various departments of the Hong Kong government, including the police department, before the establishment of the Hong Kong Special Administrative Region can be retained, their seniority will be retained, and their salaries, allowances, benefits and service conditions will not be lower. to the original standards.

Article 101 The Government of the Hong Kong Special Administrative Region may appoint British and other foreign nationals who are former Hong Kong civil servants or hold permanent identity cards of the Hong Kong Special Administrative Region to serve in government departments at all levels. personnel, but the officials at the following ranks must be Chinese citizens who are permanent residents of the Hong Kong Special Administrative Region without the right of abode in foreign countries: Directors, Deputy Directors, Directors of bureaus, Commissioner against Corruption, Director of Audit, Police Director, Director of Immigration, Commissioner of Customs and Excise.

The Government of the Hong Kong Special Administrative Region may also hire British and other foreigners to serve as consultants to government departments. When necessary, it may also hire qualified personnel from outside the Hong Kong Special Administrative Region to serve in specialized and technical positions in government departments. The above-mentioned foreigners may only be employed in an individual capacity and shall be accountable to the Government of the Hong Kong Special Administrative Region.

Article 102 For public servants who have retired or resigned according to regulations, including those who retired before the establishment of the Hong Kong Special Administrative Region or resigned according to regulations, regardless of their nationality or place of residence, the Government of the Hong Kong Special Administrative Region Pay them or their dependents their due pensions, gratuities, allowances and welfare fees at no lower than the original standards.

Article 103 Public servants shall be appointed and promoted based on their qualifications, experience and talents. Hong Kong’s original system for the recruitment, employment, assessment, discipline, training and management of public servants , including specialized agencies responsible for the appointment, salaries and conditions of service of public servants, shall be retained except for provisions regarding privileged treatment for foreign personnel.

Article 104 The Chief Executive, principal officials, members of the Executive Council, Legislative Council, judges of courts at all levels and other judicial personnel of the Hong Kong Special Administrative Region must swear an oath to support the Communist Party of China in accordance with the law when taking office. The Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China, and allegiance to the People's Republic of China and the Hong Kong Special Administrative Region of the People's Republic of China.