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XIII. BASIC RIGHTS AND FREEDOMS
General
The Hong Kong Special Administrative Region Government shall protect the
rights and freedoms of inhabitants and other persons in the Hong Kong Special
Administrative Region according to law. The Hong Kong Special Administrative
Region Government shall maintain the rights and freedoms as provided for
by the laws previously in force in Hong Kong, including freedom of the person,
of speech, of the press, of assembly, of association, to form and join trade
unions, of correspondence, of travel, of movement, of strike, of demonstration,
of choice of occupation, of academic research, of belief, inviolability
of the home, the freedom to marry and the right to raise a family freely.
Legal advice and judicial remedies
Every person shall have the right to confidential legal advice, access to
the courts, representation in the courts by lawyers of his choice, and to
obtain judicial remedies. Every person shall have the right to challenge
the actions of the executive in the courts.
Religion
Religious organisations and believers may maintain their relations with
religious organisations and believers elsewhere, and schools, hospitals
and welfare institutions run by religious organisations may be continued.
The relationship between religious organisations in the Hong Kong Special
Administrative Region and those in other parts of the People's Republic
of China shall be based on the principles of non-subordination, non-interference
and mutual respect.
International Covenants
The provisions of the International Covenant on Civil and Political Rights
and the International Covenant on Economic, Social and Cultural Rights as
applied to Hong Kong shall remain in force.
XIV. RIGHT OF ABODE, TRAVEL, IMMIGRATION
Right of abode
The following categories of persons shall have the right of abode in the
Hong Kong Special Administrative Region, and, in accordance with the law
of the Hong Kong Special Administrative Region, be qualified to obtain permanent
identity cards issued by the Hong Kong Special Administrative Region Government,
which state their right of abode:
- all Chinese nationals who where born or who have ordinarily resided
in Hong Kong before or after the establishment of the Hong Kong Special
Administrative Region for a continuous period of 7 years or more, and
persons of Chinese nationality born outside Hong Kong of such Chinese
nationals;
- all other persons who have ordinarily resided in Hong Kong before
or after the establishment of the Hong Kong Special Administrative Region
for a continuous period of 7 years or more and who have taken Hong Kong
as their place of permanent residence before or after the establishment
of the Hong Kong Special Administrative Region, and persons under 21
years of age who were born of such persons in Hong Kong before or after
the establishment of the Hong Kong Special Administrative Region;
- any other persons who had the right of abode only in Hong Kong before
the establishment of the Hong Kong Special Administrative Region.
Passports etc
The Central People's Government shall authorise the Hong Kong Special Administrative
Region Government to issue, in accordance with the law, passports of the
Hong Kong Special Administrative Region of the People's Republic of China
to all Chinese nationals who hold permanent identity cards of the Hong Kong
Special Administrative Region, and travel documents of the Hong Kong Special
Administrative Region of the People's Republic of China to all other persons
lawfully residing in the Hong Kong Special Administrative Region. The above
passports and documents shall be valid for all states and regions and shall
record the holder's right to return to the Hong Kong Special Administrative
Region.
Use of travel documents
For the purpose of travelling to and from the Hong Kong Special Administrative
Region, residents of the Hong Kong Special Administrative Region may use
travel documents issued by the Hong Kong Special Administrative Region Government,
or by other competent authorities of the People's Republic of China, or
of other states. Holders of permanent identity cards of the Hong Kong Special
Administrative Region may have this fact stated in their travel documents
as evidence that the holders have the right of abode in the Hong Kong Special
Administrative Region.
Entry into the Hong Kong Special Administrative Region of persons from
other parts of China shall continue to be regulated in accordance with
the present practice.
Immigration controls
The Hong Kong Special Administrative Region Government may apply immigration
controls on entry, stay in and departure from the Hong Kong Special Administrative
Region by persons from foreign states and regions.
Freedom to leave SAR
Unless restrained by law, holders of valid travel documents shall be
free to leave the Hong Kong Special Administrative Region without special
authorisation.
Visa abolition agreements
The Central People's Government shall assist or authorise the Hong Kong
Special Administrative Region Government to conclude visa abolition agreements
with states or regions.
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