Hong Kong Basic Law

Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China
The cover of the Basic Law, published by the Constitutional and Mainland Affairs Bureau
Overview
JurisdictionHong Kong
Subordinate toConstitution of the People's Republic of China
Created4 April 1990
Date effective1 July 1997
Author(s)Hong Kong Basic Law Drafting Committee
SignatoriesYang Shangkun, President of the People's Republic of China
Hong Kong Basic Law
Chinese香港基本法
Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China
Traditional Chinese中華人民共和國香港特別行政區基本法
Simplified Chinese中华人民共和国香港特别行政区基本法

The Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China is a national law of China that serves as the organic law for the Hong Kong Special Administrative Region (HKSAR).[1][2] Comprising nine chapters, 160 articles and three annexes, the Basic Law was composed to implement Annex I of the 1984 Sino-British Joint Declaration.[3]: 91 

The Basic Law was enacted under the Constitution of China when it was adopted by the National People's Congress on 4 April 1990 and came into effect on 1 July 1997 after the handover of Hong Kong. It replaced Hong Kong's colonial constitution of the Letters Patent and the Royal Instructions.[4]

Drafted on the basis of the Joint Declaration, the Basic Law lays out the basic policies of China on Hong Kong, including the "one country, two systems" principle, such that the socialist governance and economic system then practised in mainland China would not be extended to Hong Kong. Instead, Hong Kong would continue its capitalist system and way of life until 2047.[5] The Basic Law also sets out the sources of law, the relationship between Hong Kong and the Central Government (State Council), the fundamental rights and duties of Hong Kong residents and the branches of local government.

  1. ^ Lim, C.L.; Chan, Johannes (2015). "Autonomy and Central-Local Relations". In Chan, Johannes; Lim, C.L. (eds.). Law of the Hong Kong Constitution (2nd ed.). Sweet & Maxwell. p. 55. ISBN 978-9-626-61673-4.
  2. ^ Ng Ka Ling v Director of Immigration, FACV 14/1998 (29 January 1999), at para. 63; judgment text also available from HKLII
  3. ^ Lo, Stefan H. C.; Cheng, Kevin Kwok-yin; Chui, Wing Hong (2020). "Sources of Law". The Hong Kong Legal System (2nd ed.). Hong Kong: Cambridge University Press. pp. 90–136. doi:10.1017/9781108634687. ISBN 9781108721820.
  4. ^ Chan, Johannes (2015). "From Colony to Special Administrative Region". In Chan, Johannes; Lim, C.L. (eds.). Law of the Hong Kong Constitution (2nd ed.). Sweet & Maxwell. p. 9. ISBN 978-9-626-61673-4.
  5. ^ Basic Law, Article 5

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