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

Introduction: 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 reality of Hong Kong, this law is enacted. The following are the laws and regulations of the People's Republic of China that I have collected. Welcome to read the Basic Law of the Hong Kong Special Administrative Region of China. Chapter 1 General Provisions

Article 1 The Hong Kong Special Administrative Region is an inseparable part of the Communist Party 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 the 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 Chinese, the administrative agencies, legislative bodies and judicial agencies 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, and systems related to protecting 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. Chapter 2 The relationship between the Central Government and the Hong Kong Special Administrative Region

Article 12 The Hong Kong Special Administrative Region is a local administrative region of the People’s Republic of China that enjoys a high degree of autonomy and is directly under the Central People’s Government.

Article 13 The Central People’s Government is responsible for the management of foreign affairs related to the Hong Kong Special Administrative Region.

The Ministry of Foreign Affairs of the People's Republic of China has established an agency in Hong Kong to handle foreign affairs.

The People's Republic of China authorizes the Hong Kong Special Administrative Region to handle relevant external affairs on its own in accordance with this Law.

Article 14 The Central People’s Government is responsible for managing the defense of the Hong Kong Special Administrative Region.

The Hong Kong Special Administrative Region Government is responsible for maintaining public security in the Hong Kong Special Administrative Region.

The troops stationed by the Central People's Government in the Hong Kong Special Administrative Region to be responsible for defense will not interfere in the local affairs of the Hong Kong Special Administrative Region. When necessary, the Government of the Hong Kong Special Administrative Region may request the Central People's Government to garrison troops to assist in maintaining public order and providing disaster relief.

In addition to complying with national laws, garrison personnel must also abide by the laws of the Hong Kong Special Administrative Region.

The cost of garrisoning the troops shall be borne by the Central People's Government.

Article 15 The Central People’s Government shall appoint the chief executive of the Hong Kong Special Administrative Region and the principal officials of the administrative agencies in accordance with the provisions of Chapter 4 of this Law.

Article 16 The Hong Kong Special Administrative Region shall enjoy the power of administrative management and shall handle the administrative affairs of the Hong Kong Special Administrative Region on its own in accordance with the relevant provisions of this Law.

Article 17 The Hong Kong Special Administrative Region enjoys legislative power.

Laws enacted by the legislative body of the Hong Kong Special Administrative Region must be reported to the Standing Committee of the National People's Congress for record. Filing does not affect the effectiveness of the law.

If the Standing Committee of the National People's Congress, after consulting the Basic Law Committee of the Hong Kong Special Administrative Region to which it belongs, considers that any law enacted by the legislative body of the Hong Kong Special Administrative Region is inconsistent with this law on matters managed by the central government and the central government and the Hong Kong Special Administrative Region, The terms of the relationship between administrative districts may be returned to the relevant laws without modification. The law returned by the Standing Committee of the National People's Congress shall immediately become invalid. The invalidation of this law has no retroactive effect unless otherwise provided by the laws of the Hong Kong Special Administrative Region.

Article 18 The laws implemented in the Hong Kong Special Administrative Region shall be this Law and the original laws of Hong Kong specified in Article 8 of this Law and the laws enacted by the legislative body of the Hong Kong Special Administrative Region. As well as the original laws of Hong Kong and the laws enacted by the legislative body of the Hong Kong Special Administrative Region as stipulated in Article 8 of this Law. As well as the original laws of Hong Kong and the laws enacted by the legislative body of the Hong Kong Special Administrative Region as stipulated in Article 8 of this Law. As well as the original laws of Hong Kong and the laws enacted by the legislative body of the Hong Kong Special Administrative Region as stipulated in Article 8 of this Law. As well as the original laws of Hong Kong and the laws enacted by the legislative body of the Hong Kong Special Administrative Region as stipulated in Article 8 of this Law.

National laws, except those listed in Annex III of this Law, shall not be implemented in the Hong Kong Special Administrative Region. All laws listed in Annex III of this Law shall be promulgated or implemented by legislation locally in the Hong Kong Special Administrative Region.

The Standing Committee of the National People's Congress may, after consulting the Basic Law Committee of the Hong Kong Special Administrative Region to which it belongs and the Government of the Hong Kong Special Administrative Region, make additions or deletions to the laws listed in Annex III of this Law. Any laws listed in the Annex 3. Laws are limited to laws related to national defense, foreign affairs and other laws that are not within the scope of autonomy of the Hong Kong Special Administrative Region according to the provisions of this law.

When the Standing Committee of the National People's Congress decides to declare a state of war or decides to enter a state of emergency in the Hong Kong Special Administrative Region due to unrest in the Hong Kong Special Administrative Region that is beyond the control of the Hong Kong Special Administrative Region government and endangers national unity or security, the Central People's Government May issue orders to implement relevant national laws in the Hong Kong Special Administrative Region.

Article 19 The Hong Kong Special Administrative Region enjoys independent judicial power and final adjudication power.

In addition to continuing to maintain the restrictions on the court's judicial power imposed by Hong Kong's original legal system and principles, the courts of the Hong Kong Special Administrative Region have jurisdiction over all cases in the Hong Kong Special Administrative Region.

The courts of the Hong Kong Special Administrative Region have no jurisdiction over national defense, diplomacy and other state actions. When the courts of the Hong Kong Special Administrative Region encounter factual issues involving national defense, diplomacy and other state actions in hearing cases, they should obtain certification documents issued by the Chief Executive on these issues. The above documents are binding on the court. The Chief Executive must obtain a certificate from the Central People's Government before issuing certification documents.

Article 20 The Hong Kong Special Administrative Region may enjoy other powers granted by the National People's Congress and the Standing Committee of the National People's Congress and the Central People's Government.

Article 21 Chinese citizens who are residents of the Hong Kong Special Administrative Region shall participate in the management of national affairs in accordance with the law.

According to the quota and deputies selection method determined by the National People’s Congress, Chinese citizens who are residents of the Hong Kong Special Administrative Region shall elect deputies to the National People’s Congress of the Hong Kong Special Administrative Region in Hong Kong to participate in the work of the highest state power organ. .

Article 22: All departments under the Central People's Government, provinces, autonomous regions and municipalities directly under the Central Government shall not interfere with the affairs managed by the Hong Kong Special Administrative Region in accordance with this Law.

If departments of the central government, provinces, autonomous regions and municipalities need to establish institutions in the Hong Kong Special Administrative Region, they must obtain the consent of the Hong Kong Special Administrative Region government and obtain approval from the Central People's Government.

All institutions and their personnel established in the Hong Kong Special Administrative Region by various departments of the central government, provinces, autonomous regions and municipalities must abide by the laws of the Hong Kong Special Administrative Region.

People from other parts of China must go through approval procedures to enter the Hong Kong Special Administrative Region. The number of people entering the Hong Kong Special Administrative Region to settle is determined by the competent authorities of the Central People's Government after seeking the opinions of the Hong Kong Special Administrative Region government.

The Hong Kong Special Administrative Region can set up offices in Beijing.

Article 23 The Hong Kong Special Administrative Region shall legislate on its own to prohibit any act of treason, secession, sedition, subversion of the Central People's Government and theft of state secrets, and prohibit foreign political organizations or groups from conducting special activities in Hong Kong. The administrative region conducts political activities, and political organizations or groups in the Hong Kong Special Administrative Region are prohibited from establishing ties with foreign political organizations or groups. Chapter 3 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 listed in items (1) and (2) who were born outside Hong Kong

(4) Non-Chinese nationals who have entered Hong Kong with valid travel documents before or after the establishment of the Hong Kong Special Administrative Region, have ordinarily resided in Hong Kong for more than seven consecutive years, and have made Hong Kong their permanent place of 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 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 not be violated.

Hong Kong residents are not subject to arbitrary or unlawful arrest, detention, or imprisonment. Arbitrary or illegal searches of residents' bodies, deprivation or restriction of residents' personal freedoms are prohibited. It is prohibited to torture residents or arbitrarily or illegally deprive residents of their lives.

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

Article 30: Hong Kong residents’ freedom of communication and communication confidentiality 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 and the freedom to openly preach and 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 engage in academic research, literary and artistic creation and other cultural activities.

Article 35 Hong Kong residents have the right to receive confidential legal advice, file lawsuits in court, choose lawyers 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 the right to voluntary childbearing of Hong Kong residents are protected by law.

Article 38 Hong Kong residents 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. 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. Chapter 4 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 is elected locally through 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 the selection of 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 main officials: Directors, deputy directors of departments, directors of various 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 affairs;

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

(10) Approval of relevant financial revenue or other matters submitted to the Legislative Council Motion for expenditure;

(11) Based on considerations of security and major public interests, decide whether government officials or other persons responsible for government affairs shall 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 re-passed 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 or other important bill proposed by the government, and if consensus cannot be reached after consultations, 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 the 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 reports to the Legislative Council; and 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.