UNHCR is not responsible for, nor does it necessarily endorse, its content. Article 3 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. Article 5 The socialist system and policies shall not be practised in the Hong Kong Special Administrative Region, and the previous capitalist system and way of life shall remain unchanged for 50 years.
The first draft was published in Aprilfollowed by a five-month public consultation exercise. The second draft was published in Februaryand the subsequent consultation period ended in October Some members of the Basic Law Drafting Committee, such as pro-democracy camp members Martin Lee and Szeto Wahwere ousted by Beijing following 4 June Tiananmen Square protests ofafter voicing their views supporting the students.
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 the Basic Law. National laws shall not be applied in Hong Kong unless listed in Annex III and applied locally by promulgation or legislation.
Permanent residents of the HKSAR shall have the right to vote and the right to stand for election in accordance with law. No Hong Kong resident shall be subjected to arbitrary or unlawful arrest, detention or imprisonment.
Arbitrary or unlawful search of the body of any resident or deprivation or restriction of the freedom of the Hong kong the basic law shall be prohibited.
Torture of any resident or arbitrary or unlawful deprivation of the life of any resident shall be prohibited. It may attend in such other capacity as may be permitted by the PRC government and the international organisation or conference concerned, and may express their views, using the name "Hong Kong, China".
The Hong Kong Special Administrative Region may on its own maintain and develop relations and conclude and implement agreements with foreign states and regions and relevant international organizations in the appropriate fields, including the economic, trade, financial and monetary, shipping, communications, tourism, cultural and sports fields.
Articles 13—14, —  Interpretation of the Basic Law[ edit ] Article describes the basic principles on interpreting the Basic Law. The first stage concerns the satisfaction of the "classification condition". The second test concerns whether the "necessity condition" is satisfied.
The condition is satisfied when the court is required to interpret the excluded provision during adjudication, and that the interpretation will affect the judgment on the case.
Out of the five, only one interpretation was sought by the Court of Final Appeal. The Government of Hong Kong had sought two NPCSC interpretations on Basic Law provisions regarding the right of abode and the term of office of a new Chief Executive after his predecessor has resigned before the end of his term, in and respectively.
The first interpretation occurred in and concerned the amendment of the election method for the Chief Executive and the Legislative Council in and The second of such interpretation was issued in November on the substantive requirements of a lawful oath as stipulated in Article of the Basic Law.
Amendment of the Basic Law[ edit ] Although the Basic Law has not been amended so far since its promulgation, the procedures for amendments to the Basic Law are laid out in Article If initiated within the NPC, the suggested amendment must first be placed on the agenda by the Presidium before being debated and voted upon.
Either way, the amendment must also be approved by the other side e. Controversial issues in relation to the Basic Law[ edit ] After the reunification of Hong Kong inthe Basic Law came under the spotlight for the following controversial issues: This has triggered a debate on judicial independence in Hong Kong.
This became a subject of considerable controversy when the Government of the HKSAR attempted to introduce legislation to implement the Article in to The proposed legislation gave much power to the police, such as not requiring a search warrant to search a home of a "suspected terrorist". This has led to public outcry, and resulted in massive demonstrations 1 July marcheswhere it is estimated that over five hundred thousand people took to the streets, on 1 July After the demonstrations, the government indefinitely shelved its drafted law.
The possibility of universal suffrage in and The question of whether pay-cuts for civil servants and having a deficit budget are allowed under the Basic Law.
According to the Article of the Basic Law, the civil servants may remain in employment with pay, allowances, benefits and conditions of service no less favourable than before the handover. Article stated the SAR Government should follow the principle of keeping the expenditure within the limits of revenues in drawing up its budget.
The government imposed a pay-cut on the Civil Service during the economic downturn, and then sharply increased salaries during the recovery. The term of the new Chief Executive after the original Chief Executive resigned.
The legal community and the pro-democracy camp claim that the term of the new Chief Executive should follow Article 46that is, a 5-year term.
However, the Hong Kong government, some Beijing figures and the pro-Beijing camp claim that it should be the remaining term of the original Chief Executive, by a technicality in the Chinese version of the Basic Law, introducing the remaining term concept. Hong Kong residents who favour autonomy view the "interpretation" from the Standing Committee as an intrusion into the Hong Kong legal system by the central government in violation of the spirit of the One Country, Two Systems policy, compromising the rule of law.
No formal terms for extradition of suspects exist. Article 95 provides for mutual judicial assistance between Hong Kong and the PRC; however, serious stumbling blocks, such as capital punishment stand in the way of a formal understanding of extradition.Bejing is curtailing Hong Kong’s judicial independence by delivering an interpretation of the Basic Law, the city’s mini-constitution that protects its .
The Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China is the supreme law in the Hong Kong Special Administrative Region and a national law of the People's Republic of China.
Comprising nine chapters, articles and three annexes, the Basic Law was adopted on 4 April by the Seventh National People's Congress and signed by President Yang . If the composition of the last Hong Kong Legislative Council before the establishment of the Hong Kong Special Administrative Region is in conformity with the relevant provisions of this Decision and the Basic Law of the Hong Kong Special Administrative Region, those of its members who uphold the Basic Law of the Hong Kong Special.
The Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China is the constitutional document of the Hong Kong Special Administrative Region.A national law of the People's Republic of China, the Basic Law was adopted on 4 April by the Seventh National People's Congress and signed by President Yang .
Breaking news, analysis and opinion from the SCMP's Hong Kong edition. The recent debate about interpretation of Article 46 of the Basic Law has caused great concern among members of the Hong Kong Law Society.
I share that concern. My reading of Article 46 is that it is clear and unambiguous.