Instrument A101 - THE BASIC LAW OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION OF THE PEOPLE'S REPUBLIC OF CHINA 1
Instrument: A101 THE BASIC LAW OF THE HONG KONG SPECIAL
ADMINISTRATIVE REGION OF THE PEOPLE'S
REPUBLIC OF CHINA
Gazette Number Version Date
Table of Contents 01/07/1997
Remarks:
This instrument was not given a chapter number in the Loose-leaf edition of the Laws of Hong Kong. An unofficial
reference number, however, is assigned to this instrument in BLIS for identification purposes. This also enables users
to carry out a search in relation to this instrument by reference to the unofficial reference number.
THE BASIC LAW OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION OF THE PEOPLE'S
REPUBLIC OF CHINA *
(Adopted at the Third Session of the Seventh National
People's Congress on 4 April 1990
Promulgated by Order No. 26 of the President of the
People's Republic of China on 4 April 1990
Effective as of 1 July 1997)
CONTENTS
Preamble
Chapter I General Principles
Chapter II Relationship Between the Central Authorities and the Hong Kong Special Administrative Region
Chapter III Fundamental Rights and Duties of the Residents
Chapter IV Political Structure
Section 1 The Chief Executive
Section 2 The Executive Authorities
Section 3 The Legislature
Section 4 The Judiciary
Section 5 District Organizations
Section 6 Public Servants
Chapter V Economy
Section 1 Public Finance, Monetary Affairs, Trade, Industry and Commerce
Section 2 Land Leases
Section 3 Shipping
Section 4 Civil Aviation
Chapter VI Education, Science, Culture, Sports, Religion, Labour and Social Services
Chapter VII External Affairs
Chapter VIII Interpretation and Amendment of the Basic Law
Chapter IX Supplementary Provisions
Annex I Method for the Selection of the Chief Executive of the Hong Kong Special Administrative Region
Instrument A101 - THE BASIC LAW OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION OF THE PEOPLE'S REPUBLIC OF CHINA 2
Annex II Method for the Formation of the Legislative Council of the Hong Kong Special Administrative Region
and Its Voting Procedures
Annex III National Laws to be Applied in the Hong Kong Special Administrative Region
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Note:
* Please also see-
a. Decision of the National People's Congress on the Basic Law of the Hong Kong Special Administrative
Region of the People's Republic of China (Adopted at the Third Session of the Seventh National
People's Congress on 4 April 1990) (Instrument A104 in this database); and
b. Decision of the Standing Committee of the National People's Congress on the English Text of the Basic
Law of the Hong Kong Special Administrative Region of the People's Republic of China (Adopted on
28 June 1990) (Instrument A105 in this database).
Preamble 01/07/1997
Preamble
Hong Kong has been part of the territory of China since ancient times; it was occupied by Britain after the
Opium War in 1840. On 19 December 1984, the Chinese and British Governments signed the Joint Declaration on the
Question of Hong Kong, affirming that the Government of the People's Republic of China will resume the exercise of
sovereignty over Hong Kong with effect from 1 July 1997, thus fulfilling the long-cherished common aspiration of the
Chinese people for the recovery of Hong Kong.
Upholding national unity and territorial integrity, maintaining the prosperity and stability of Hong Kong, and
taking account of its history and realities, the People's Republic of China has decided that upon China's resumption of
the exercise of sovereignty over Hong Kong, a Hong Kong Special Administrative Region will be established in
accordance with the provisions of Article 31 of the Constitution of the People's Republic China, and that under the
principle of "one country, two systems", the socialist system and policies will not be practised in Hong Kong. The
basic policies of the People's Republic of China regarding Hong Kong have been elaborated by the Chinese
Government in the Sino-British Joint Declaration.
In accordance with the Constitution of the People's Republic of China, the National People's Congress hereby
enacts the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China, prescribing
the systems to be practised in the Hong Kong Special Administrative Region, in order to ensure the implementation of
the basic policies of the People's Republic of China regarding Hong Kong.
Article: 1 01/07/1997
Chapter I General Principles
Article 1
The Hong Kong Special Administrative Region is an inalienable part of the People's Republic of China.
Article: 2 01/07/1997
Article 2
The National People's Congress authorizes the Hong Kong Special Administrative Region to exercise a high
degree of autonomy and enjoy executive, legislative and independent judicial power, including that of final
adjudication, in accordance with the provisions of this Law.
Article: 3 01/07/1997
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.
Instrument A101 - THE BASIC LAW OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION OF THE PEOPLE'S REPUBLIC OF CHINA 3
Article: 4 01/07/1997
Article 4
The Hong Kong Special Administrative Region shall safeguard the rights and freedoms of the residents of the
Hong Kong Special Administrative Region and of other persons in the Region in accordance with law.
Article: 5 01/07/1997
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.
Article: 6 01/07/1997
Article 6
The Hong Kong Special Administrative Region shall protect the right of private ownership of property in
accordance with law.
Article: 7 01/07/1997
Article 7
The land and natural resources within the Hong Kong Special Administrative Region shall be State property.
The Government of the Hong Kong Special Administrative Region shall be responsible for their management, use and
development and for their lease or grant to individuals, legal persons or organizations for use or development. The
revenues derived therefrom shall be exclusively at the disposal of the government of the Region.
Article: 8 01/07/1997
Article 8
The laws previously in force in Hong Kong, that is, the common law, rules of equity, ordinances, subordinate
legislation and customary law shall be maintained, except for any that contravene this Law, and subject to any
amendment by the legislature of the Hong Kong Special Administrative Region.
Article: 9 01/07/1997
Article 9
In addition to the Chinese language, English may also be used as an official language by the executive
authorities, legislature and judiciary of the Hong Kong Special Administrative Region.
Article: 10 01/07/1997
Article 10
Apart from displaying the national flag and national emblem of the People's Republic of China, the Hong Kong
Special Administrative Region may also use a regional flag and regional emblem.
The regional flag of the Hong Kong Special Administrative Region is a red flag with a bauhinia highlighted by
five star-tipped stamens.
The regional emblem of the Hong Kong Special Administrative Region is a bauhinia in the centre highlighted by
five star-tipped stamens and encircled by the words "Hong Kong Special Administrative Region of the People's
Republic of China" in Chinese and "HONG KONG" in English.
Article: 11 01/07/1997
Article 11
Instrument A101 - THE BASIC LAW OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION OF THE PEOPLE'S REPUBLIC OF CHINA 4
In accordance with Article 31 of the Constitution of the People's Republic of China, the systems and policies
practised in the Hong Kong Special Administrative Region, including the social and economic systems, the system for
safeguarding the fundamental rights and freedoms of its residents, the executive, legislative and judicial systems, and
the relevant policies, shall be based on the provisions of this Law.
No law enacted by the legislature of the Hong Kong Special Administrative Region shall contravene this Law.
Article: 12 01/07/1997
Chapter II Relationship between the Central Authorities
and the Hong Kong Special Administrative
Region
Article 12
The Hong Kong Special Administrative Region shall be a local administrative region of the People's Republic of
China, which shall enjoy a high degree of autonomy and come directly under the Central People's Government.
Article: 13 01/07/1997
Article 13
The Central People's Government shall be responsible for the foreign affairs relating to the Hong Kong Special
Administrative Region.
The Ministry of Foreign Affairs of the People's Republic of China shall establish an office in Hong Kong to deal
with foreign affairs.
The Central People's Government authorizes the Hong Kong Special Administrative Region to conduct relevant
external affairs on its own in accordance with this Law.
Article: 14 01/07/1997
Article 14
The Central People's Government shall be responsible for the defence of the Hong Kong Special Administrative
Region.
The Government of the Hong Kong Special Administrative Region shall be responsible for the maintenance of
public order in the Region.
Military forces stationed by the Central People's Government in the Hong Kong Special Administrative Region
for defence shall not interfere in the local affairs of the Region. The Government of the Hong Kong Special
Administrative Region may, when necessary, ask the Central People's Government for assistance from the garrison in
the maintenance of public order and in disaster relief.
In addition to abiding by national laws, members of the garrison shall abide by the laws of the Hong Kong
Special Administrative Region.
Expenditure for the garrison shall be borne by the Central People's Government.
Article: 15 01/07/1997
Article 15
The Central People's Government shall appoint the Chief Executive and the principal officials of the executive
authorities of the Hong Kong Special Administrative Region in accordance with the provisions of Chapter IV of this
Law.
Article: 16 01/07/1997
Article 16
The Hong Kong Special Administrative Region shall be vested with executive power. It shall, on its own,
conduct the administrative affairs of the Region in accordance with the relevant provisions of this Law.
Instrument A101 - THE BASIC LAW OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION OF THE PEOPLE'S REPUBLIC OF CHINA 5
Article: 17 01/07/1997
Article 17
The Hong Kong Special Administrative Region shall be vested with legislative power.
Laws enacted by the legislature of the Hong Kong Special Administrative Region must be reported to the
Standing Committee of the National People's Congress for the record. The reporting for record shall not affect the
entry into force of such laws.
If the Standing Committee of the National People's Congress, after consulting the Committee for the Basic Law
of the Hong Kong Special Administrative Region under it, considers that any law enacted by the legislature of the
Region is not in conformity with the provisions of this Law regarding affairs within the responsibility of the Central
Authorities or regarding the relationship between the Central Authorities and the Region, the Standing Committee
may return the law in question but shall not amend it. Any law returned by the Standing Committee of the National
People's Congress shall immediately be invalidated. This invalidation shall not have retroactive effect, unless
otherwise provided for in the laws of the Region.
Article: 18 01/07/1997
Article 18
The laws in force in the Hong Kong Special Administrative Region shall be this Law, the laws previously in
force in Hong Kong as provided for in Article 8 of this Law, and the laws enacted by the legislature of the Region.
National laws shall not be applied in the Hong Kong Special Administrative Region except for those listed in
Annex III to this Law. The laws listed therein shall be applied locally by way of promulgation or legislation by the
Region.
The Standing Committee of the National People's Congress may add to or delete from the list of laws in Annex
III after consulting its Committee for the Basic Law of the Hong Kong Special Administrative Region and the
government of the Region. Laws listed in Annex III to this Law shall be confined to those relating to defence and
foreign affairs as well as other matters outside the limits of the autonomy of the Region as specified by this Law.
In the event that the Standing Committee of the National People's Congress decides to declare a state of war or,
by reason of turmoil within the Hong Kong Special Administrative Region which endangers national unity or security
and is beyond the control of the government of the Region, decides that the Region is in a state of emergency, the
Central People's Government may issue an order applying the relevant national laws in the Region.
Article: 19 01/07/1997
Article 19
The Hong Kong Special Administrative Region shall be vested with independent judicial power, including that
of final adjudication.
The courts of the Hong Kong Special Administrative Region shall have jurisdiction over all cases in the Region,
except that the restrictions on their jurisdiction imposed by the legal system and principles previously in force in Hong
Kong shall be maintained.
The courts of the Hong Kong Special Administrative Region shall have no jurisdiction over acts of state such as
defence and foreign affairs. The courts of the Region shall obtain a certificate from the Chief Executive on questions
of fact concerning acts of state such as defence and foreign affairs whenever such questions arise in the adjudication of
cases. This certificate shall be binding on the courts. Before issuing such a certificate, the Chief Executive shall obtain
a certifying document from the Central People's Government.
Article: 20 01/07/1997
Article 20
The Hong Kong Special Administrative Region may enjoy other powers granted to it by the National People's
Congress, the Standing Committee of the National People's Congress or the Central People's Government.
Instrument A101 - THE BASIC LAW OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION OF THE PEOPLE'S REPUBLIC OF CHINA 6
Article: 21 01/07/1997
Article 21
Chinese citizens who are residents of the Hong Kong Special Administrative Region shall be entitled to
participate in the management of state affairs according to law.
In accordance with the assigned number of seats and the selection method specified by the National People's
Congress, the Chinese citizens among the residents of the Hong Kong Special Administrative Region shall locally
elect deputies of the Region to the National People's Congress to participate in the work of the highest organ of state
power.
Article: 22 01/07/1997
Article 22
No department of the Central People's Government and no province, autonomous region, or municipality
directly under the Central Government may interfere in the affairs which the Hong Kong Special Administrative
Region administers on its own in accordance with this Law.
If there is a need for departments of the Central Government, or for provinces, autonomous regions, or
municipalities directly under the Central Government to set up offices in the Hong Kong Special Administrative
Region, they must obtain the consent of the government of the Region and the approval of the Central People's
Government.
All offices set up in the Hong Kong Special Administrative Region by departments of the Central Government,
or by provinces, autonomous regions, or municipalities directly under the Central Government, and the personnel of
these offices shall abide by the laws of the Region.
*For entry into the Hong Kong Special Administrative Region, people from other parts of China must apply for
approval. Among them, the number of persons who enter the Region for the purpose of settlement shall be determined
by the competent authorities of the Central People's Government after consulting the government of the Region.
The Hong Kong Special Administrative Region may establish an office in Beijing.
____________________________________________________________________________________
Note:
* See The Interpretation by the Standing Committee of the National People's Congress of Articles 22(4) and
24(2)(3) of the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of
China (Adopted by the Standing Committee of the Ninth National People's Congress at its Tenth Session
on 26 June 1999) (Chapter 2106)
Article: 23 01/07/1997
Article 23
The Hong Kong Special Administrative Region shall enact laws on its own to prohibit any act of treason,
secession, sedition, subversion against the Central People's Government, or theft of state secrets, to prohibit foreign
political organizations or bodies from conducting political activities in the Region, and to prohibit political
organizations or bodies of the Region from establishing ties with foreign political organizations or bodies.
Article: 24 01/07/1997
Chapter III Fundamental Rights and Duties of the Residents
Article 24
Residents of the Hong Kong Special Administrative Region ("Hong Kong residents") shall include permanent
residents and non-permanent residents.
The permanent residents of the Hong Kong Special Administrative Region shall be:
(1) Chinese citizens born in Hong Kong before or after the establishment of the Hong Kong Special
Administrative Region;
(2) Chinese citizens who have ordinarily resided in Hong Kong for a continuous period of not less than seven
years before or after the establishment of the Hong Kong Special Administrative Region;
*(3) Persons of Chinese nationality born outside Hong Kong of those residents listed in categories (1) and (2);
Instrument A101 - THE BASIC LAW OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION OF THE PEOPLE'S REPUBLIC OF CHINA 7
(4) Persons not of Chinese nationality who have entered Hong Kong with valid travel documents, have
ordinarily resided in Hong Kong for a continuous period of not less than seven years and have taken Hong Kong as
their place of permanent residence before or after the establishment of the Hong Kong Special Administrative Region;
(5) Persons under 21 years of age born in Hong Kong of those residents listed in category (4) before or after the
establishment of the Hong Kong Special Administrative Region; and
(6) Persons other than those residents listed in categories (1) to (5), who, before the establishment of the Hong
Kong Special Administrative Region, had the right of abode in Hong Kong only.
The above-mentioned residents shall have the right of abode in the Hong Kong Special Administrative Region
and shall be qualified to obtain, in accordance with the laws of the Region, permanent identity cards which state their
right of abode.
The non-permanent residents of the Hong Kong Special Administrative Region shall be persons who are
qualified to obtain Hong Kong identity cards in accordance with the laws of the Region but have no right of abode.
____________________________________________________________________________________
Note:
* See The Interpretation by the Standing Committee of the National People's Congress of Articles 22(4) and
24(2)(3) of the Basic Law of the Hong Kong Sp