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Basic policies of Hong Kong
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A detailed explanation of the basic principles and policies of the governments of People's Republic of China (PRC) and China.
Section III of the Joint Declaration between the Governments of People's Republic of China (PRC) and the United Kingdom of Great Britain and Ireland stipulates that People's Republic of China (PRC)'s basic principles and policies towards Hongkong are as follows:
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Article 31 of the Constitution of People's Republic of China (PRC) stipulates: "The state may establish special administrative regions when necessary. The system to be implemented in the special administrative region shall be prescribed by law by the National People's Congress according to specific conditions. " Accordingly, People's Republic of China (PRC) will establish the People's Republic of China (PRC) Special Administrative Region when it resumes the exercise of sovereignty over Hong Kong on July 6, 1997. According to the Constitution of People's Republic of China (PRC), the National People's Congress of the People's Republic of China will formulate and promulgate the Basic Law of People's Republic of China (PRC) and the Hong Kong Special Administrative Region (hereinafter referred to as the Basic Law), stipulating that after the establishment of the Hong Kong Special Administrative Region, the socialist system and policies will not be implemented, and the original capitalist system and way of life in Hong Kong will remain unchanged for 50 years.
The People's Republic of China (PRC) Special Administrative Region is directly under the Central People's Government and enjoys a high degree of autonomy. Except for foreign affairs and national defense affairs, which are managed by the Central People's Government, the Hong Kong Special Administrative Region enjoys executive, legislative and independent judicial power, including that of final adjudication. The Central People's Government authorizes the Hong Kong Special Administrative Region to handle the foreign affairs listed in Part XI of this annex on its own.
The government and legislature of the Hong Kong Special Administrative Region are composed of local people. The Chief Executive of the Hong Kong Special Administrative Region is selected locally through elections or consultations and appointed by the Central People's Government. Principal officials of the Government of the Hong Kong Special Administrative Region (equivalent to "Secretary" level officials) are nominated by the Chief Executive of the Hong Kong Special Administrative Region and submitted to the Central People's Government for appointment. The legislature of the Hong Kong Special Administrative Region is elected, and the executive authorities must abide by the law and be accountable to the legislature.
Government organs and courts of the Hong Kong Special Administrative Region may use English in addition to Chinese.
In addition to flying the national flag and emblem of China, the Hong Kong Special Administrative Region may also use its regional flag and emblem.
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After the establishment of the Hong Kong Special Administrative Region, the laws previously in force in Hong Kong (that is, common law, equity, regulations, subordinate legislation and customary law) shall be maintained, except those that contravene the Basic Law or are amended by the legislature of the Hong Kong Special Administrative Region.
The legislative power of the Hong Kong Special Administrative Region belongs to the legislature of the Region. The legislature may enact laws in accordance with the provisions of the Basic Law and legal procedures, and report them to the People's Republic of China (PRC) and the NPC Standing Committee for the record. Laws enacted by the legislature are effective as long as they conform to the Basic Law and legal procedures.
The laws and regulations in force in the Hong Kong Special Administrative Region are the Basic Law, the laws previously in force in Hong Kong and the laws enacted by the legislature of the Hong Kong Special Administrative Region.
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After the establishment of the Hong Kong Special Administrative Region, the original judicial system in Hong Kong will be maintained, except for the changes caused by the fact that the courts of the Hong Kong Special Administrative Region enjoy the power of final adjudication.
The judicial power of the Hong Kong Special Administrative Region shall be vested in the courts of the Region. The courts conduct trials independently without any interference. Judicial personnel are not subject to legal investigation when performing their judicial duties. The courts try cases according to the laws of the Hong Kong Special Administrative Region, and the judicial precedents of other common law jurisdictions can be used for reference.
Judges of the courts of the Hong Kong Special Administrative Region shall be appointed by the Chief Executive on the recommendation of an independent committee composed of local judges and celebrities from the legal profession and other fields. Judges should be selected according to their judicial ability and can be hired from other common law jurisdictions. Only when a judge is unable to perform his duties or misbehaves can the Chief Executive remove him from office on the recommendation of a tribunal composed of not less than three local judges appointed by the Chief Justice of the Court of Final Appeal. The appointment and removal of principal judges (that is, the highest-ranking judges) must be approved by the Chief Executive of the legislature of the Hong Kong Special Administrative Region and reported to the NPC Standing Committee for the record. The appointment and removal system of judicial personnel other than judges will continue to be maintained.
The power of final adjudication in the Hong Kong Special Administrative Region belongs to the Court of Final Appeal of the Region. If necessary, the Court of Final Appeal may invite judges from other common law jurisdictions to participate in the trial.
The procuratorial organs of the Hong Kong Special Administrative Region are in charge of criminal procuratorial work and are free from any interference.
The Government of the Hong Kong Special Administrative Region may, with reference to the previous practice in Hong Kong, stipulate the work and practice of local and foreign lawyers in the Hong Kong Special Administrative Region.
The Central People's Government will assist or authorize the Government of the Hong Kong Special Administrative Region to make appropriate arrangements for mutual legal assistance with foreign countries.
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After the establishment of the Hong Kong Special Administrative Region, civil servants and judicial officers who used to work in various government departments (including the police force) in Hong Kong may be retained and continue to work; Its salary, allowance, welfare and service conditions are not lower than the original standard. The government of the Hong Kong Special Administrative Region will pay the pensions, gratuities, allowances and welfare benefits due to those who retire or resign after the expiration of their contracts, including those who retired before July 1, 1997, regardless of their nationality or place of residence.
The Government of the Hong Kong Special Administrative Region may appoint former Hong Kong civil servants or Britons and other foreigners holding permanent identity cards of the Hong Kong Special Administrative Region as civil servants in various government departments, except for the chief positions of major government departments (departments equivalent to "departments", including the police department) and the deputy positions of some major government departments. The government of the Hong Kong Special Administrative Region may also employ British citizens and other foreigners as advisers to government departments; When necessary, qualified personnel may be hired from outside the Hong Kong Special Administrative Region to hold professional and technical positions in government departments. The above-mentioned persons can only be employed in their personal capacity and, like other public officials, are accountable to the Government of the Hong Kong Special Administrative Region.
Civil servants should be appointed and promoted according to their qualifications, experience and talents. Hong Kong's previous system of recruitment, employment, assessment, discipline, training and management of public servants (including specialized agencies responsible for the appointment, salary and conditions of service of public servants) shall be maintained, except for the provisions on granting privileges to foreigners.
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The Hong Kong Special Administrative Region manages financial affairs on its own, including controlling financial resources, preparing budgets and final accounts. The budget and final accounts of the Hong Kong Special Administrative Region shall be reported to the Central People's Government for the record.
The Central People's Government does not levy taxes on the Hong Kong Special Administrative Region. The fiscal revenue of the Hong Kong Special Administrative Region will be used for its own needs and will not be turned over to the Central People's Government. The system of taxation and public expenditure being approved by the legislature, public expenditure being accountable to the legislature and public accounts being audited by the auditing organ shall be maintained.
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The Hong Kong Special Administrative Region shall maintain the capitalist economic system and trade system previously practiced in Hong Kong. The government of the Hong Kong Special Administrative Region shall formulate its own economic and trade policies. The ownership of property, including the right to acquire, use, dispose of and inherit property, and the right to obtain compensation for expropriation of property according to law (compensation is equivalent to the actual value of the property and can be freely exchanged without undue delay in payment) continue to be protected by law. The Hong Kong Special Administrative Region will remain a free port and continue to implement a free trade policy, including the free movement of goods and capital. The HKSAR can independently maintain and develop economic and trade relations with other countries and regions.
The Hong Kong Special Administrative Region is a separate customs territory. The Hong Kong Special Administrative Region may participate in the General Agreement on Tariffs and Trade, international textile trade arrangements and other relevant international organizations and international trade agreements, including preferential trade arrangements. Export quotas, tariff preferences and other similar arrangements reached by the Hong Kong Special Administrative Region shall be enjoyed by the Region. The Hong Kong Special Administrative Region has the right to issue certificates of origin to locally manufactured products in accordance with the then rules of origin.
The Hong Kong Special Administrative Region may, when necessary, establish official or semi-official economic and trade institutions in foreign countries and report them to the Central People's Government for the record.
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The Hong Kong Special Administrative Region will maintain its status as an international financial center. The monetary and financial system previously practiced in Hong Kong, including the management and supervision of deposit-taking institutions and financial markets, shall be maintained.
The government of the Hong Kong Special Administrative Region may, on its own, formulate monetary and financial policies to ensure the freedom of financial enterprises to operate and the freedom of funds to enter and leave the Region. The Hong Kong Special Administrative Region does not implement foreign exchange control policies. The foreign exchange, gold, securities and futures markets will remain open.
As the local legal tender, the Hong Kong dollar continues to circulate and is freely convertible. The issuance of Hong Kong dollars belongs to the Government of the Hong Kong Special Administrative Region. The government of the Hong Kong Special Administrative Region may authorize designated banks to issue or continue to issue Hong Kong dollars according to legal authority when it is convinced that the basis for issuing Hong Kong dollars is sound and the relevant issuance arrangements are in line with the purpose of maintaining the stability of Hong Kong dollars. Any Hong Kong currency with a symbol inconsistent with the status of People's Republic of China (PRC) and China as the Hong Kong Special Administrative Region will be gradually replaced and withdrawn from circulation.
The Exchange Fund is managed and dominated by the Government of the Hong Kong Special Administrative Region, and is mainly used to regulate the exchange rate of the Hong Kong dollar.
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The Hong Kong Special Administrative Region shall maintain the shipping operation and management systems previously practiced in Hong Kong, including the seafarers' management system. The Government of the Hong Kong Special Administrative Region may, on its own, prescribe specific functions and responsibilities in shipping. Private shipping and shipping-related enterprises and private container terminals in Hong Kong can continue to operate freely.
The Hong Kong Special Administrative Region shall continue to register ships under the authorization of the Central People's Government, and may issue relevant certificates in the name of "Hegang" according to law.
Except for foreign military vessels that need special permission from the Central People's Government to enter the Hong Kong Special Administrative Region, all other vessels may enter and leave its ports in accordance with the laws of the Hong Kong Special Administrative Region.
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