The BasicLaw was formally promulgated on 4 April1990 by the NPC, together with the designs for the flag and emblem of the HKSAR.
However, the HongKong government, some Beijing figures and the pro-Beijing camp claim that it should be the remaining term of the original Chief Executive, based on some insignificant Chinese words in the Chinese version of the BasicLaw, introducing the remaining term concept.
HongKong residents that favor autonomy view the "interpretation" from the Standing Committee as an intrusion into HongKong legal system by the central government in violation of the spirit of the One Country, Two Systems policy, and breaking the rule of law.
HongKongBasicLaw Article 23 is the basis (parent statute) of a security law proposed by the HongKong Government.
Another argument against Article 23 laws as drafted by the HK government has been given by John Kamm, who argues that the mechanism for banning organizations would have the effect of requiring that Mainland China be more repressive outside of HongKong.
The Democratic Alliance for the Betterment of HongKong (DAB), the larger pro-government party, had on that day booked a few of the park's football pitches for a carnival, with a comparably meager number of participants-- the rest of the park and the surrounding area was packed with people, literally shoulder to shoulder.
HongKong residents shall have freedom of religious belief and freedom to preach and to conduct and participate in religious activities in public.
HongKong residents shall have the right to institute legal proceedings in the courts against the acts of the executive authorities and their personnel.
HongKong's previous system of recruitment, employment, assessment, discipline, training and management for the public service, including special bodies for their appointment, pay and conditions of service, shall be maintained, except for any provisions for privileged treatment of foreign nationals.
Under the BasicLaw, the courts may interpret on their own provisions of the BasicLaw that are within the limits of the autonomy of the region.
The HongKong members are nominated by the Chief Executive, the President of the Legislative Council, and the Chief Justice.
The BasicLaw provides that, with the exception of the Chief Justice and the Chief Judge of the High Court, who are prohibited from residing outside of HongKong, foreigners may serve on HongKong's courts.
The executive authorities and legislature of the HongKong Special Administrative Region shall be composed of permanent residents of HongKong in accordance with the relevant provisions of this Law.
The laws previously in force in HongKong, 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 HongKong Special Administrative Region.
The courts of the HongKong Special Administrative Region shall adjudicate cases in accordance with the laws applicable in the Region as prescribed in Article 18 of this Law and may refer to precedents of other common law jurisdictions.
At present, a majority of seats in HongKong's Legislative Council (LegCo) are elected by narrowly defined professional groups, while the Chief Executive is chosen by an election committee under the effective control of Beijing.
Continuing with the current system would ignore the provisions in the BasicLaw annexes that allow for amendments to HongKong'selection system after 2007 and the obligation in Articles 45 and 68 of the BasicLaw to move toward universal suffrage for the election of the Chief Executive and LegCo.
Under Article 159 of the BasicLaw, all amendments must be approved by a 2/3 vote of the HongKong LegCo, and no amendment may "contravene the established basic policies of the People's Republic of China regarding HongKong," including those related to human rights.
The BasicLaw was set out in the Sino-British Joint Declaration of 1984 to allow HongKong to retain its personal freedoms, common-law legal system and market economy and thus remain distinct from the socialist system of mainland China for 50 years from July 1,1997.
Although the HongKong authorities granted a period in which the public were invited to respond to the proposed legislation, they circulated a document providing only a scant outline which lead to unfavourable speculation on the wording of the bill.
Emphasising the importance of HongKong as a beacon for free expression in South-East Asia, particularly as the HKSAR is the base of many reporters specialising in the region;
HongKong government has asked China’s cabinet to interpret the constitution related to the term of office of the next chief executive succeeding Tung Chee Hwa, who resigned last month with two years left in his term.
According to HongKong’s constitution as written in the BasicLaw, the chief executive’s term is five years.
It would be the third time Beijing has tinkered with HongKong’s constitution since the handover; a move that critics say shakes the foundation of the rule of law here.
A HongKong deputy to the National People's Congress has rejected the idea of using a mainland investigation model to examine implementation of the BasicLaw.
Professor Sit, of the department of geography at the University of HongKong, and fellow HongKong deputy Kan Fook-yee were appointed by the NPC Standing Committee last October to a team examining the implementation of the Technology Advancement Law.
He said the law for the selection of the second chief executive, which allowed the sole candidate, Tung Chee-hwa, to be chosen, was inconsistent with the Annex I of the BasicLaw.
U.S. policy toward HongKong is grounded in a determination to help preserve HongKong's prosperity and way of life after the territory's reversion to Chinese rule on July 1, 1997.
While recognizing that HongKong has become a part of China, the U.S.-Hong Kong Policy Act of 1992 establishes domestic legal authority to treat HongKong as an entity distinct from the People's Republic of China after reversion.
The breadth of these activities and interests are maintained in HongKong by one of the largest U.S. missions in Asia.
ipedia.com: Hong Kong Basic Law Article 23 Article(Site not responding. Last check: 2007-11-07)
HongKongBasicLaw Article 23 is the basis of a security law proposed by the HongKong Government.
This provision was of particular concern because the Mainland China does not have a general legal mechanism for defining a banned organization, and political dissidents in Mainland China are generally charged with crimes that they have supposed committed as invididuals rather than for belonging to an organization.
Ip asserted that because the ordinary people would not understand the legal language, there was no point in consulting them on it - in other words, because a few may not comprehend, let's keep everyone in the dark.
The Committee for the BasicLaw of the HongKong Special Administrative Region Under the Standing Committee of the National People's Congress.
To study questions arising from the implementation of Articles 17, 18, 158 and 159 of the BasicLaw of the HongKong Special Administrative Region and submit its views thereon to the Standing Committee of the National People's Congress.
Twelve members, six from the mainland and six from HongKong, including persons from the legal profession, appointed by the Standing Committee of the National People's Congress for a term of office of five years.
HongKong (AsiaNews/Agencies) — For the third time in three years China has changed HongKong’s constitution.
HongKong Democratic Party lawmaker Martin Lee called the ruling a mortal wound to the rule of law.
Currently, HongKong’s Chief Executive is elected by an Election Committee and appointed by the central government of the People’s Republic in accordance with the law.
The Society of HongKong and Chinese Affairs at UC Berkeley would like to invite you to sign the petition on the Article 23 of HongKong'sBasicLaw to in regards to anti-subversion measures that will seriously damage freedom of expression in HongKong.
Our goal is to to request the HK government to issue a White Bill -- a law proposal which can be reviewed by all citizens before passing - so that HK people can have an understanding and a say in the legislative decisions being made.
The Society of HongKong and Chinese Affairs at UC Berkeley
Hong Kong Legal Research Guide(Site not responding. Last check: 2007-11-07)
This has been the Bilingual Laws Information System (BLIS) on the Internet prepared and hosted by the Department of Justice of HongKong for free public access since November 9, 1997.
BLIS contains the Laws of HongKong in both Chinese and English.
The BasicLaw of the HongKong Special Administrative Region of the People's Republic China Adopted on 4 April1990 by the Seventh National People's Congress of the People's Republic of China
Ninety-Seven Theses on Pekinese Occupation of HongKong