Isabella Carter
The Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China is the constitutional document for Hong Kong. It was adopted on 4 April 1990 and came into effect on 1 July 1997, replacing Hong Kong's colonial constitution. The Basic Law enshrines the one country, two systems principle, which allows Hong Kong to retain its previous capitalist system and way of life, including its legal system, for 50 years after the handover to China. The document also guarantees Hong Kong a high degree of autonomy, with the exception of foreign affairs and defence, which remain under the purview of the Central People's Government.
| Characteristics | Values |
|---|---|
| Name | Basic Law |
| Type | National law of China |
| Territory | Hong Kong Special Administrative Region (HKSAR) |
| Chapters | 9 |
| Articles | 160 |
| Annexes | 3 |
| Date of Adoption | 4 April 1990 |
| Date of Promulgation | 4 April 1990 |
| Date of Enforcement | 1 July 1997 |
| Governance | Chief Executive with support from the Executive Council |
| Election Committee | 1,500 members |
| Legislative Council (LegCo) | 90 seats |
| District Councils | 479 seats in 2020-23 cycle |
| Principles | "One Country, Two Systems", "Hong Kong People administering Hong Kong", high degree of autonomy |
| Rights Protected | Freedom of assembly, freedom of speech, freedom of association, freedom of movement, freedom of conscience, freedom of religious belief, equality before the law |
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What You'll Learn
- Hong Kong's constitution, the Basic Law, was enacted under the Constitution of China
- The Basic Law was created from an agreement between Britain and China
- It protects rights such as freedom of assembly and freedom of speech
- The Basic Law guarantees Hong Kong a high degree of autonomy under Chinese rule
- It lays out the structure of governance for Hong Kong
Hong Kong's constitution, the Basic Law, was enacted under the Constitution of China
Hong Kong's constitution is known as the Basic Law. It is the constitutional document of the Hong Kong Special Administrative Region (HKSAR) of the People's Republic of China. The Basic Law was enacted under the Constitution of China and came into effect on 1 July 1997, replacing Hong Kong's colonial constitution of the Letters Patent and the Royal Instructions. It was adopted by the National People's Congress on 4 April 1990, three years after the 1984 Sino-British Joint Declaration, which agreed that Hong Kong would be returned to China after 1997.
The Basic Law is a national law of China that serves as the organic law for the HKSAR. It consists of nine chapters, 160 articles, and three annexes. The three annexes include Annex I, which implements the 1984 Sino-British Joint Declaration, Annex II, which outlines the formation of the Legislative Council of the HKSAR and its voting procedures, and Annex III, which outlines the national laws to be applied in the HKSAR.
The Basic Law enshrines the concept of "one country, two systems", which allows Hong Kong to maintain its previous capitalist system and way of life, including its legal system, for 50 years after the handover in 1997. This principle ensures that the socialist governance and economic system practised in mainland China would not be extended to Hong Kong. The Basic Law also guarantees Hong Kong a high degree of autonomy under Chinese rule, with the exception of foreign affairs and defence, which remain under the purview of the Central People's Government.
The Basic Law outlines the fundamental rights and freedoms of Hong Kong residents, including freedom of speech, assembly, and religion. It also sets out the structure of governance for the territory, with Hong Kong being ruled by a chief executive, supported by an Executive Council. The chief executive is responsible for implementing the Basic Law, signing bills and budgets, promulgating laws, and issuing executive orders. The chief executive is elected by an Election Committee of 1,500 people, chosen by representatives of various sectors in Hong Kong.
The Basic Law is a flexible constitution that can be interpreted to meet the needs of economic integration. It serves as the foundation for Hong Kong's success and is of significant historical and international importance.
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The Basic Law was created from an agreement between Britain and China
The Basic Law is Hong Kong's mini constitution. It was created from an agreement between Britain and China, known as the 1984 Sino-British Joint Declaration, which stated that Hong Kong would be returned to China after 1997. The Basic Law came into effect on 1 July 1997, the day Hong Kong was handed over to China.
The Basic Law is a constitutional document for the Hong Kong Special Administrative Region (HKSAR) of the People's Republic of China. It was adopted and officially promulgated on 4 April 1990 by the National People's Congress and enacted under the Constitution of China. The Basic Law replaced Hong Kong's colonial constitution of the Letters Patent and the Royal Instructions, which had been in place under British rule.
The Basic Law is composed of nine chapters, 160 articles, and three annexes. It enshrines the "one country, two systems" principle, which allows Hong Kong to maintain its previous capitalist system and way of life, including its legal system, for 50 years after the handover. This means that the socialist governance and economic system practised in mainland China would not be extended to Hong Kong. The Basic Law also guarantees Hong Kong a high degree of autonomy under Chinese rule, with the exception of foreign affairs and defence, which remain under the purview of the Central People's Government.
The Basic Law lays out the basic policies of China regarding Hong Kong, including the structure of governance for the territory. Hong Kong is ruled by a chief executive, who is responsible for implementing the Basic Law, signing bills and budgets, promulgating laws, and issuing executive orders. The chief executive is supported by a formal body of advisers called the Executive Council. The Basic Law also sets out the voting procedures for the formation of the Legislative Council of the HKSAR, known as LegCo, which makes and amends Hong Kong's laws.
The Basic Law also details the fundamental rights and freedoms of the residents of the HKSAR, including freedom of speech, assembly, and religion, as well as the right to equality before the law. These rights are protected for 50 years under the Basic Law, although Chinese officials have indicated that they could potentially be extended beyond 2047.
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It protects rights such as freedom of assembly and freedom of speech
The Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China is a national law that serves as the region's constitution. It was enacted under the Constitution of China and came into effect on 1 July 1997, replacing Hong Kong's colonial constitution. The Basic Law is composed of nine chapters, 160 articles, and three annexes and was drafted to implement Annex I of the 1984 Sino-British Joint Declaration.
The Basic Law guarantees Hong Kong a high degree of autonomy under Chinese rule, with the exception of foreign affairs and defence, which remain under the purview of the Central People's Government. It enshrines the "one country, two systems" principle, ensuring that the socialist governance and economic system practised in mainland China would not be extended to Hong Kong.
One of the most important aspects of the Basic Law is its protection of fundamental rights and freedoms for Hong Kong residents. Specifically, it protects rights such as freedom of assembly and freedom of speech, which do not exist in mainland China. These rights are detailed in Article 19 of the Basic Law, which guarantees the rights of Hong Kong residents to equality before the law, freedom of speech, freedom of the press, and freedom of publication. It also ensures freedom of association, freedom of assembly, freedom of procession, and freedom of demonstration. Additionally, it protects the right to form and join trade unions and to strike, freedom of movement, freedom of conscience, and freedom of religious belief.
The Basic Law also ensures that the provisions of the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, and the international labour conventions applied to Hong Kong remain in force. These protections for Hong Kong's way of life were initially valid for 50 years from 1997 until 2047. However, Chinese officials have recently indicated that they could potentially be extended beyond 2047.
The Chief Executive of Hong Kong is responsible for implementing the Basic Law, signing bills and budgets, promulgating laws, and issuing executive orders. The Basic Law states that the "ultimate aim" is for the Chief Executive to be selected through universal suffrage upon nomination by a broadly representative nominating committee.
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The Basic Law guarantees Hong Kong a high degree of autonomy under Chinese rule
The Basic Law is the name of Hong Kong's constitution. It is a national law of China that acts as the organic law for the Hong Kong Special Administrative Region (HKSAR). The Basic Law was composed to implement Annex I of the 1984 Sino-British Joint Declaration, which stated that Hong Kong would be governed by the "'one country, two systems' principle. This principle, enshrined in the Basic Law, means that the socialist governance and economic system practised in mainland China would not be extended to Hong Kong.
LegCo makes and amends Hong Kong's laws. It consists of 90 seats, 40 of which are MPs chosen by the Election Committee, 20 are directly voted for by the public, and 30 represent "functional constituencies" voted for by smaller groups, primarily businesses, banking, and trade. Hong Kong's 18 districts each have their own local council, with members voted in by the public every four years. These district councils have little political power and act primarily as advisory bodies, passing on information about public facilities, services, and fund usage.
The Basic Law also protects the rights and freedoms of Hong Kong residents, including freedom of assembly and speech, which do not exist in mainland China. These protections for Hong Kong's way of life are guaranteed for 50 years from 1997, when the Basic Law came into effect, until 2047. However, Chinese officials have indicated that they could be extended beyond this date.
While the Basic Law guarantees Hong Kong a high degree of autonomy, Beijing has wielded increasing political power over the city. It controls Hong Kong's defence and foreign affairs and has introduced restrictions to Hong Kong's electoral processes, ensuring only "patriots" can run for chief executive and LegCo elections. The Election Committee, which decides who leads Hong Kong and enters parliament, is stacked with pro-Beijing loyalists. Additionally, a separate screening committee can easily bar anyone deemed critical of Beijing. Despite these challenges, the Basic Law remains the foundation of Hong Kong's success, guaranteeing its residents a unique degree of freedom and autonomy within the framework of "one country, two systems".
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It lays out the structure of governance for Hong Kong
The Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China is the region's constitutional document. It was adopted on 4 April 1990 and came into effect on 1 July 1997, the day Hong Kong was handed over to China. The Basic Law replaced Hong Kong's colonial constitution of the Letters Patent and the Royal Instructions. It was composed to implement Annex I of the 1984 Sino-British Joint Declaration, which stated that Hong Kong would be governed by the "'one country, two systems' principle. This principle, enshrined in the Basic Law, ensures that Hong Kong's capitalist system and way of life, including its legal system, remain unchanged for 50 years after the handover in 1997.
The Basic Law lays out the structure of governance for Hong Kong. It establishes that Hong Kong is ruled by a chief executive with support from a formal body of advisers called the Executive Council. The chief executive is responsible for implementing the Basic Law, signing bills and budgets, promulgating laws, and issuing executive orders. The Basic Law states that the "ultimate aim" is for the chief executive to be selected by "universal suffrage upon nomination by a broadly representative nominating committee". However, currently, the chief executive is elected by an Election Committee of 1,500 people, chosen by representatives of various sectors in Hong Kong. After the election, the chief executive is formally appointed to their role by the central Chinese government.
The Legislative Council (LegCo) makes and amends Hong Kong's laws. It consists of 90 seats, with 40 going to MPs chosen by the Election Committee, 20 directly voted for by the public, and 30 representing "functional constituencies" voted for by smaller groups, primarily businesses, banks, and trade organisations. Each of Hong Kong's 18 districts also has its own local council, with members voted in by the public every four years. These district councils have little political power and act primarily as an advisory body, passing on information about public facilities, services, and fund allocation.
The Basic Law also outlines the rights and freedoms of Hong Kong residents, including freedom of speech, assembly, and religion. It guarantees that Hong Kong's courts are responsible for determining the government's actions "within the limits of [its] autonomy". However, Beijing has introduced restrictions to Hong Kong's electoral processes and wields power over the city's defence and foreign affairs.
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Frequently asked questions
The Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China.
The Basic Law is a constitutional document that enshrines the "one country, two systems" principle, guaranteeing Hong Kong a high degree of autonomy under Chinese rule. It also outlines the fundamental rights and freedoms of Hong Kong residents, including freedom of speech, assembly, and religion.
The Basic Law was adopted on April 4, 1990, and came into effect on July 1, 1997, the day Hong Kong was handed over to China.
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