Cecily Zamora
The Basic Law of Hong Kong is a national law of China that serves as the organic law for the Hong Kong Special Administrative Region (HKSAR). It was created from an agreement between Britain and China, known as the Sino-British Joint Declaration, and came into effect on 1 July 1997 when Hong Kong was handed over to China. The Basic Law is a constitutional document that sets out the country's basic policies regarding Hong Kong, including the one country, two systems principle, which allows Hong Kong to maintain its capitalist system and way of life for 50 years post-handover (until 2047). It also lays out the sources of law, the relationship between Hong Kong and the Central Government, the fundamental rights and duties of Hong Kong residents, and the branches of local government. The Basic Law was drafted by the Basic Law Drafting Committee (BLDC), which consisted of members from both China and Hong Kong, and was promulgated on 4 April 1990, providing a blueprint for the HKSAR's future development and safeguarding the rights and freedoms of Hong Kong residents.
| Characteristics | Values |
|---|---|
| Date of creation | 4 April 1990 |
| Date of enactment | 1 July 1997 |
| Chapters | 9 |
| Articles | 160 |
| Annexes | 3 |
| Basis | Annex I of the 1984 Sino-British Joint Declaration |
| Drafting committee | Basic Law Drafting Committee (BLDC) |
| BLDC members | 36 from China, 23 from Hong Kong |
| First draft publication date | April 1988 |
| Second draft publication date | February 1989 |
| Number of years protecting Hong Kong's capitalist system and way of life | 50 |
| Year by which Hong Kong's capitalist system and way of life will be protected | 2047 |
| Number of years protecting rights such as freedom of assembly and freedom of speech | 50 |
| Year by which rights such as freedom of assembly and freedom of speech will be protected | 2047 |
| Number of seats in the Legislative Council | 90 |
| Number of seats in the Legislative Council for MPs chosen by the Election Committee | 40 |
| Number of seats in the Legislative Council that are directly voted for by the public | 20 |
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What You'll Learn
The Basic Law Drafting Committee (BLDC)
The BLDC consisted of 36 members from China and 23 members from Hong Kong, with Chinese diplomat Ji Pengfei as its chair. The membership of the BLDC was approved by the Standing Committee of the National People's Congress (NPCSC) in June 1985. Twelve of the 23 members from Hong Kong had connections to the city's business and industrial sectors, similar to the Basic Law Consultative Committee (BLCC) that was also established in 1985 to collect views in Hong Kong on the draft law.
The BLDC worked on drafting the Basic Law, which took into account the basic principles of Hong Kong's governance under Chinese sovereignty, as outlined in the Sino-British Joint Declaration. The law was designed to implement Annex I of the Joint Declaration and lay out China's basic policies on Hong Kong, including the ""one country, two systems" principle. This principle allows Hong Kong to maintain its capitalist system and way of life, distinct from the socialist governance and economic system of mainland China, for 50 years after the handover, or until 2047.
The first draft of the Basic Law was published in April 1988, followed by a five-month public consultation period. The second draft was released in February 1989, and the subsequent consultation period ended in October of that year. The Basic Law was eventually promulgated on 4 April 1990 by the National People's Congress, along with the designs for the Regional Flag and Regional Emblem of the HKSAR. It came into effect on 1 July 1997 after the handover of Hong Kong, replacing the city's colonial constitution.
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The Basic Law Consultative Committee (BLCC)
The Basic Law of Hong Kong, which came into effect on 1 July 1997, was created through a collaborative effort between the United Kingdom, China, and the people of Hong Kong. The Basic Law Consultative Committee (BLCC) played a crucial role in this process by facilitating public consultation and canvassing views on the drafts of the Basic Law.
The Hong Kong Special Administrative Region Basic Law Consultative Committee (BLCC) was established in 1985 as an official body to gather opinions and feedback from the people of Hong Kong on the drafts of the Basic Law. The formation of the BLCC was decided at the inaugural meeting of the Hong Kong Basic Law Drafting Committee (BLDC) in July 1985. The BLCC was composed of 180 members, including Hong Kong community leaders, social activists, and prominent figures from the business and professional sectors.
The BLCC held two rounds of consultations on drafting the Basic Law. The first round took place from May to September 1986, and the second round was held from February to October 1989. During these consultations, the BLCC received tens of thousands of submissions and held numerous public meetings and discussions in the media. The process stimulated widespread public engagement and lobbying, with various groups forming to advocate for their preferred political and economic models.
The BLCC's work was briefly suspended after the Tiananmen Square massacre in June 1989. The committee ceased to exist after the Basic Law was adopted and promulgated by the National People's Congress on 4 April 1990. The Basic Law, composed of nine chapters, 160 articles, and three annexes, outlines the "'one country, two systems' principle, guaranteeing Hong Kong's distinct legal and political systems until 2047. It also sets out the fundamental rights and duties of Hong Kong residents, the structure of governance, and the relationship between Hong Kong and the Central Government.
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The Basic Law's 'one country, two systems' principle
The Basic Law of Hong Kong is a national law of China that acts as the organic law for the Hong Kong Special Administrative Region (HKSAR). It was enacted under the Constitution of China and came into effect on 1 July 1997, the day Hong Kong was handed over to China by the United Kingdom. The Basic Law replaced Hong Kong's colonial constitution and was drafted to implement Annex I of the 1984 Sino-British Joint Declaration.
The Basic Law is a constitutional document that sets out China's basic policies regarding Hong Kong. It enshrines the concept of "one country, two systems", which allows Hong Kong to maintain its capitalist system and way of life distinct from mainland China until 2047. The Basic Law also sets out the sources of law, the relationship between Hong Kong and the Central Government, the fundamental rights and duties of Hong Kong residents, and the branches of local government.
The "one country, two systems" principle is a key feature of the Basic Law, allowing Hong Kong a high degree of autonomy in maintaining its own executive, legislative, and judicial branches. Hong Kong's courts, for example, have the power of final adjudication, independent of the judicial system in mainland China. The Basic Law also protects rights such as freedom of assembly and freedom of speech, which do not exist in mainland China.
However, the Basic Law also states that Hong Kong is a part of the People's Republic of China, and the Central Government has taken steps to assert its authority over the region. The National People's Congress Standing Committee (NPCSC), China's top law-making body, holds the "'power of interpretation'" over the Basic Law. In recent years, controversial national security laws, such as Article 23, have been passed, raising concerns about the erosion of Hong Kong's autonomy and the protection of human rights.
The Basic Law was drafted by the Basic Law Drafting Committee (BLDC), which consisted of members from both China and Hong Kong. The drafting process included public consultations on the draft law, and the final version was promulgated on 4 April 1990, along with the designs for the Regional Flag and Regional Emblem of the HKSAR.
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The Basic Law's protection of rights
The Basic Law of Hong Kong is a national law of China that serves as the organic law for the Hong Kong Special Administrative Region (HKSAR). It was created from an agreement between Britain and China, coming into effect on 1 July 1997, the day Hong Kong was handed over to China. The Basic Law was composed to implement Annex I of the 1984 Sino-British Joint Declaration, which set the basis for the transfer of sovereignty in Hong Kong from the United Kingdom to China.
The Basic Law was drafted by the Basic Law Drafting Committee (BLDC), which was set up by the National People's Congress (NPC) in 1985. The BLDC consisted of 36 members from China and 23 members from Hong Kong, with 12 of the Hong Kong members connected to the city's business and industrial sectors. The first draft was published in April 1988, followed by a five-month public consultation. The Basic Law was officially adopted and promulgated on 4 April 1990.
The Basic Law is a constitutional document that sets out the country's basic policies regarding Hong Kong, including the “one country, two systems” principle, which allows Hong Kong to maintain its capitalist system and way of life for 50 years after the handover (until 2047). The Basic Law also outlines the fundamental rights and duties of Hong Kong residents, protecting their rights and freedoms.
Chapter III of the Basic Law guarantees the rights and freedoms of Hong Kong residents, including permanent and non-permanent residents. These rights include freedom of speech, press, publication, assembly, association, procession, demonstration, communication, movement, conscience, religious belief, and marriage. Hong Kong residents also have the right to form and join trade unions and to strike. The Basic Law protects the freedom and privacy of the person, prohibiting arbitrary or unlawful arrest, detention, imprisonment, and searches. It also protects the inviolability of the home and the right to confidential legal advice, access to courts, and judicial remedies.
The Basic Law also provides for social welfare and retirement security, as well as the protection of the lawful traditional rights and interests of the indigenous inhabitants of the "New Territories". It ensures that Hong Kong residents are equal before the law and that their rights cannot be restricted unless prescribed by law.
In addition, the Basic Law incorporates the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR) through Article 39, ensuring that the provisions of these covenants are applied in Hong Kong. The Hong Kong Bill of Rights Ordinance (Cap. 383), enacted in 1991, is a local adaptation of the ICCPR. However, it should be noted that there have been concerns and criticisms regarding the implementation and protection of human rights in Hong Kong, particularly in the political sphere and press freedom.
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The Basic Law's structure of governance
The Basic Law is a constitutional document of the Hong Kong Special Administrative Region (HKSAR) that sets out China's basic policies regarding Hong Kong. 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 outlines the “one country, two systems” principle, allowing Hong Kong to maintain its capitalist system and way of life, distinct from the socialist governance and economic system practised in mainland China.
The Basic Law establishes the sources of law, the relationship between Hong Kong and the Central Government, the fundamental rights and duties of Hong Kong residents, and the structure of local governance. Hong Kong's leader, the Chief Executive, is responsible for implementing the Basic Law, signing bills and budgets, promulgating laws, and issuing executive orders. The Chief Executive is supported by the Executive Council, a formal body of advisers.
Hong Kong has a two-tiered semi-representative system of government, consisting of the law-making Legislative Council (LegCo) and district councils. The Legislative Council is responsible for making and amending Hong Kong's laws. Currently, the Chief Executive is elected by an Election Committee of 1,500 people, chosen by representatives of various sectors in Hong Kong. The Election Committee also holds significant influence over the selection of members of parliament (MPs) and plays a crucial role in deciding who enters Hong Kong's parliament.
Under the Basic Law, Hong Kong's courts have the authority to determine the legality of the government's actions within the limits of their autonomy. However, the National People's Congress Standing Committee (NPCSC), China's top law-making body, retains the ultimate "power of interpretation". The NPCSC has passed controversial national security laws, such as Article 23, which have raised concerns about the protection of human rights and civil liberties in Hong Kong.
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Frequently asked questions
The Basic Law is a national law of China that serves 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. It lays out the basic policies of China on Hong Kong, including the "'one country, two systems' principle, and sets out the structure of governance for the territory.
The Basic Law was adopted and promulgated on 4 April 1990 by the National People's Congress. It came into effect on 1 July 1997, the day Hong Kong was handed over to China.
The Basic Law was drafted by the Basic Law Drafting Committee (BLDC), which was set up by the National People's Congress shortly after the Sino-British Joint Declaration was signed in 1984. The BLDC consisted of 36 members from China and 23 members from Hong Kong.
The Basic Law is significant because it enshrines the "one country, two systems" principle, which allows Hong Kong to maintain its capitalist system and way of life, with a high degree of autonomy, until 2047. It also protects the rights and freedoms of Hong Kong residents, such as freedom of assembly and freedom of speech, which do not exist in mainland China.
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