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Establishment of the Hong Kong S.A.R. The Basic Law
The Constitution of the People's Republic of China stipulates in Article
31 that the state may establish special administrative regions when necessary.
The systems to be instituted in special administrative regions shall be
prescribed by laws enacted by the National People's Congress in the light
of the specific conditions.* In accordance with this Article, the People's
Republic of China shall, upon the resumption of the exercise of sovereignty
over Hong Kong on 1 July 1997, establish the Hong Kong Special Administrative
Region of the People's Republic of China. The National People's Congress
of the People's Republic of China shall enact and promulgate a Basic Law
of the Hong Kong Special Administrative Region of the People's Republic
of China (hereinafter referred to as the Basic Law) in accordance with the
Constitution of the People's Republic of China, stipulating that after the
establishment of the Hong Kong Special Administrative Region the socialist
system and socialist policies shall not be practised in the Hong Kong Special
Administrative Region and that Hong Kong's previous capitalist system and
life-style shall remain unchanged for 50 years.
The Hong Kong Special Administrative Region shall be directly under
the authority of the Central People's Government of the People's Republic
of China and shall enjoy a high degree of autonomy. Except for foreign
and defence affairs which are the responsibilities of the Central People's
Government, the Hong Kong Special Administrative Region shall be vested
with executive, legislative and independent judicial power, including
that of final adjudication. The Central People's Government shall authorise
the Hong Kong Special Administrative Region to conduct on its own those
external affairs specified in Section XI of this Annex.
Chief Executive. Principal Officials. The Legislature
The government and legislature of the Hong Kong Special Administrative Region
shall be composed of local inhabitants. The chief executive of the Hong
Kong Special Administrative Region shall be selected by election or through
consultations held locally and be appointed by the Central People's Government.
Principal officials (equivalent to Secretaries) shall be nominated by the
chief executive of the Hong Kong Special Administrative Region and appointed
by the Central People's Government. The legislature of the Hong Kong Special
Administrative Region shall be constituted by elections. The executive authorities
shall abide by the law and shall be accountable to the legislature.
Language
In addition to Chinese, English may also be used in organs of government
and in the courts in the Hong Kong Special Administrative Region.
Regional flag and emblem
Apart from displaying the national flag and national emblem of the People's
Republic of China, the Hong Kong Special Administrative Region may use a
regional flag and emblem of its own.
II. LEGAL SYSTEM
Laws previously in force
After the establishment of the Hong Kong Special Administrative Region,
the laws previously in force in Hong Kong (i.e. the common law, rules of
equity, ordinances, subordinate legislation and customary law) shall be
maintained, save for any that contravene the Basic Law and subject to any
amendment by the Hong Kong Special Administrative Region legislature.
Legislative power
The legislative power of the Hong Kong Special Administrative Region shall
be vested in the legislature of the Hong Kong Special Administrative Region.
The legislature may on its own authority enact laws in accordance with the
provisions of the Basic Law and legal procedures, and report them to the
Standing Committee of the National People's Congress for the record. Laws
enacted by the legislature which are in accordance with the Basic Law and
legal procedures shall be regarded as valid.
Laws of the SAR
The laws of the Hong Kong Special Administrative Region shall be the Basic
Law, and the laws previously in force in Hong Kong and laws enacted by the
Hong Kong Special Administrative Region legislature as above.
III. JUDICIAL SYSTEM
Previus judicial system
After the establishment of the Hong Kong Special Administrative Region,
the judicial system previously practised in Hong Kong shall be maintained
except for those changes consequent upon the vesting in the courts of the
Hong Kong Special Administrative Region of the power of final adjudication.
Judicial power; Precedents
Judicial power in the Hong Kong Special Administrative Region shall be vested
in the courts of the Hong Kong Special Administrative Region. The courts
shall exercise judicial power independently and free from any interference.
Members of the judiciary shall be immune from legal action in respect of
their judicial functions. The courts shall decide cases in accordance with
the laws of the Hong Kong Special Administrative Region and may refer to
precedents in other common law jurisdictions.
Appointment and removal of judges
Judges of the Hong Kong Special Administrative Region courts shall be appointed
by the chief executive of the Hong Kong Special Administrative Region acting
in accordance with the recommendation of an independent commission composed
of local judges, persons from the legal profession and other eminent persons.
Judges shall be chosen by reference to their judicial qualities and may
be recruited from other common law jurisdictions. A judge may only be removed
for inability to discharge the functions of his office, or for misbehaviour,
by the chief executive of the Hong Kong Special Administrative Region acting
in accordance with the recommendation of a tribunal appointed by the chief
judge of the court of final appeal, consisting of not fewer than three local
judges. Additionally, the appointment or removal of principal judges (i.e.
those of the highest rank) shall be made by the chief executive with the
endorsement of the Hong Kong Special Administrative Region legislature and
reported to the Standing Committee of the National People's Congress for
the record. The system of appointment and removal of judicial officers other
than judges shall be maintained.
Power of final judgment
The power of final judgment of the Hong Kong Special Administrative Region
shall be vested in the court of final appeal in the Hong Kong Special Administrative
Region, which may as required invite judges from other common law jurisdictions
to sit on the court of final appeal.
Prosecutions
A prosecuting authority of the Hong Kong Special Administrative Region shall
control criminal prosecutions free from any interference.
Legal practitioners
On the basis of the system previously operating in Hong Kong, the Hong Kong
Special Administrative Region Government shall on its own make provision
for local lawyers and lawyers from outside the Hong Kong Special Administrative
Region to work and practise in the Hong Kong Special Administrative Region.
Reciprocal juridical assistance
The Central People's Government shall assist or authorise the Hong Kong
Special Administrative Region Government to make appropriate arrangements
for reciprocal juridical assistance with foreign states.
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