Petersen, womens rights in asia, chapter in holning lau, david law, and alex schwartz eds, oxford handbook of constitutional law in asia forthcoming 2020, oxford university press. The hong kong handover was the most momentous event in hong kong s history. External affairs article 150 representatives of the government of the hong kong special administrative region may, as members of delegations of the government of the peoples republic of china, participate in negotiations at the diplomatic level directly affecting the region conducted by the central peoples government. When it was a colony, hong kong was administered by a governor, who was appointed by and represented the monarch of the united kingdom, directed the government, served as the commander in chief, and presided over the two main organs of government, the executive council and the legislative council. The basic law of the hong kong special administrative region of the peoples republic of china. Hong kong was a british possession for decades until it rejoined china in 1997. As spain contemplates resuming direct rule over catalonia, an autonomous region of spain, by invoking the nuclear provision of article 155 of the spanish constitution in october 2017, 1 at the other side of the globe, hong kong, a special administrative region of china, contemplates. According to the preamble of the basic law, the principle of one country, two systems is.
Hong kong became a special administrative region sar of the peoples republic of china on july 1, 1997, after a century and a half of british administration. Hong kong dispute resolution profile preventing disputes sn. Also, please note that our attorneys do not seek to practice law in any jurisdiction in which they are not properly authorized to do so. Law electronic journals subscribed by library notes on access. Comprising nine chapters, 160 articles and three annexes, the basic law was adopted on 4 april 1990 by the seventh national peoples. The city is made up of the new territories, kowloon, hk island and the other over 200 islands. Inherent conflicts between the common law system and the socialistcivil law system. Hong kongs protests started in june against plans to allow extradition to mainland china.
This is a tourist map of part of hk kowloon and hk island. Hong kong, special administrative region of china, located to the east of the pearl river estuary on the south coast of china. But that autonomy, guaranteed under a miniconstitution known as the basic law, expires in 2047. Designs of the regional flag and regional emblem of the hong kong. The hkel website is approved by the secretary for justice for publishing and facilitating access to the information. The basic policies of the peoples republic of china regarding hong kong have been. Hong kong is a special administrative region sar of the peoples republic of china prc. Well before hong kong is set to lose its unique status, however, the basic law has been weakened as. Massive protests, at times swelling to nearly two million people, have rocked hong kong since march 31, 2019. The systems practised in hong kong are prescribed by the basic law, the constitutional document of the hksar which came into effect upon its establishment on july 1, 1997. Peoples liberation army hong kong garrison wikipedia. The map of the administrative division of the hong kong special administrative. The hong kong protests explained in 100 and 500 words bbc news. The map of the administrative division of the hong kong.
The hong kong garrison has the determination, confidence and capabilities to safeguard sovereignty, security and development interests of hong kong in accordance with the basic law and the. The basic law, ratified by the national peoples congress npc in beijing in 1990, preserved hong kongs english commonlaw judicial system and guaranteed the right of property and ownership. Instrument 4 amendment to annex ii to the basic law of the hong. Hong kong lgbt couple win legal challenge for public. Hong kong simple english wikipedia, the free encyclopedia. The 1984 sinobritish joint declaration on the question of hong kong and the sars charter, the basic law of the sar also known as the basic law, specify that the sar enjoys a high degree of autonomy under the one country, two systems framework except in matters of defense and foreign affairs. Council were sworn in the ceremony marking hong kongs reuniication with the motherland was held at the hong kong convention and exhibition centre on 1 july 1997. Hong kong became a special administrative region of china the hksar on july 1, 1997, under the constitutional model of one country, two systems, by which hong kong is to retain its own economic, social, and legal systems. Hong kong lgbt couple win legal challenge for public housing. The 1984 sinobritish joint declaration and the basic law of the sar specify that the sar enjoys a high degree of autonomy under the one country, two systems framework, except in matters of defense and. The basic law was drafted by a committee composed of members from both hong kong and the mainland. Hong kongs capitalist system and lifestyle shall remain unchanged for 50 years. Critics feared this could undermine judicial independence and endanger dissidents.
A statement from the national peoples congress legislative affairs commission said the decision doesnt conform with hong kongs constitution, known as the basic law, or decisions by the. Education, science, culture, sports, religion, labour and social services article 6 on the basis of the previous educational system, the government of the hong kong special administrative region shall, on its own, formulate policies on the development and improvement of education, including policies regarding the educational system and its. Certain references in hong kong legislation for example to the governor and the governor in council require adaptation to bring them into line with the basic law and the status of hong kong as a special administrative region of the peoples republic of china. Hong kong basic law, npcscs interpretations and other constitutional instruments chapter number index entries show. The joint declaration provides that these basic policies shall be stipulated in the hong kong basic law.
Two annexes to the basic law laid out how electoral. National laws to be applied in the hong kong special. Article 45 of the basic law states that hong kongs top official, the chief executive, will ultimately be elected by universal suffrage. New california debt financing guide for public agencies. Choking and crying, hong kong protesters pinned back on campus.
A previous version of the above map mislabeled hong kong and macau as autonomous. Hong kong people ruling hong kong the basic law is an embodiment of the doctrines of one country, two systems and hong kong people ruling hong kong. The systems, policies and laws to be instituted after the establishment of the hong kong special administrative region shall be based on the basic law of the hong kong special administrative region. The sinobritish joint declaration and the basic law of hong kong stipulate that hong kong operate. However, that does not mean that moving to hong kong is hard. The transportation between the island and kowloon relies on the crossing harbor tunnel, the airport express line, 3 mtr rails and ferry. Until they do, hong kong will continue to tread a painful path toward an uncertain future.
The hong kong protests explained in 100 and 500 words. Heres all the background you need to know in 100 or 500 words. Article 158 of the basic law grants the npcsc the power to interpret the lawbut only under three criteria, writes cora chan, associate professor of law at the university of hong kong. All webbased electronic journals, with a few exceptions, can be accessed at any networked computers on campus. A special administrative region was established on 1 july 1997 under the principle of one country, two systems. We look at the defining moments of the hong kong handover, from the basic law, to the changes that took place. Protestors in hong kong demonstrated against a new extradition law proposed by the government of mainland china. Basic law of the hong kong special administrative region. The benefits of moving to hong kong include basic healthcare provided by the government, fairly low taxes, and highquality education. The basic law of the hong kong special administrative region of. British hong kong was a colony and british dependent territory of the united kingdom from 1841 to 1997, apart from a brief period under japanese occupation from 1941 to 1945. Law electronic journals city university of hong kong. A basic law consultative committee formed purely by hong kong people was established in 1985 to canvass views in hong kong on the drafts. Introducing hong kong hong kong economic and trade.
The coronavirus aid, relief and economic security cares act becomes law with major enhancements. China includes tibet, hong kong, and macau hong kong. Hong kong still ranks high in a global index of rule of law. All 1100 101200 200 301400 401500 501600 601700 10011100 11011200 others. The chief executive the basic law stipulates that the chief executive shall be elected by a broadly representative election. The region is bordered by guangdong province to the north and the south china sea to the east, south, and west. The old political order under the basic law regime has reached its limit, but a new order has yet to be formed. The judge presiding over the case said that the housing authoritys decision violated the basic law, hong kongs mini constitution, which guarantees equality for all hong kong residents, and. The basic law of the hong kong special administrative region of the peoples republic of china shall be put into effect as of 1 july 1997. Under hong kongs constitutional document, the basic law, the existing economic, legal and social systems will be. It also included the rights of assembly, free speech, association, travel and movement, correspondence, choice of occupation, academic research. Seventh national peoples congress on 4 april 1990, the map of the. The unprecedented disappearance of a person in hong kong, and the bizarre events surrounding it, shocked the city and crystallised international concern over the suspected abduction of hong kong citizens by chinese public security bureau officials and their likely rendition, in violation of several articles of the basic law and the one country.
Decree of the president of the peoples republic of china. Sep 04, 2019 hong kong exists as a special administrative region controlled by the peoples republic of china and enjoys its own limited autonomy as defined by the basic law. The hong kong basic law ensured that hong kong will retain its capitalist economic system and own currency the hong kong dollar, legal system. Hong kong elegislation hkel is an official electronic database of the legislation in hong kong, and is established under section 3 of the legislation publication ordinance cap. Jul 24, 2019 the third session of the seventh national peoples congress has adopted the basic law of the hong kong special administrative region of the peoples republic of china, which includes annex i, method for the selection of the chief executive of the hong kong special administrative region, annex ii, method for the formation of the legislative council of the hong kong special administrative region. Hong kong hosts the largest concentration of ultra highnetworth individuals of any city in the world. The colonial period began with the occupation of hong kong island in 1841 during the first opium war. The hong kong government involved a colonialera emergency law in october banning faced masks commonly used by protesters.
The 1984 sinobritish joint declaration on the question of hong kong and the sars charter, the basic law of the sar also known as the basic law, specify that the sar enjoys a high degree of autonomy under the one country, two systems framework except in matters of defense and. Hong kong as a special administrative region of the peoples. Specific rights and freedoms will be spelled out in the basic law of hong kong. Hong kong officially the hong kong special administrative region of the peoples republic of. Interpretation of article 104 of the basic law of the hong. Mar 04, 2020 the judge presiding over the case said that the housing authoritys decision violated the basic law, hong kongs mini constitution, which guarantees equality for all hong kong residents, and. China includes hong kong, macau, and tibet hong kong. China agreed to accept some conditions, as is stipulated in the sinobritish joint declaration, such as the drafting and adoption of hong kong s miniconstitution basic law before its return. Amendment to annex ii to the basic law of the hong kong special administrative region of the peoples republic of china concerning the method for the formation of the legislative council of the hong kong special administrative region and its voting procedures recorded at the sixteenth session of the standing committee of the eleventh national. Nov 12, 2019 hong kong is a part of china, but it has a unique history that affects the way people from hong kong also known as hongkongers interact with and perceive the mainland today. Residents celebrate the enactment of the hong kong human rights and democracy act, which in part requires the u. It enshrines within a legal document the important concepts of one country, two. Research fellowpostdoctoral fellow comparative constitutional law and local government 1 post ref.
The basic law provides that the cpg shall be responsible for the defense of hong kong and shall bear the expenditure for the garrison, whereas the colonial hong kong government before 1997 had to pay for the military. Research fellowpostdoctoral fellow hong kong basic law. With its former links to the uk, pop culture influences from the us, and thriving expat population, hong kong is a truly international, welcoming region. Hong kong exists as a special administrative region controlled by the peoples republic of china and enjoys its own limited autonomy as defined by the basic law. Basic law of the hong kong special administrative region of the peoples republic of china.
Br81209 in the school of law appointment for 12 months commencing from january 2019 with possibility of extension. However, interpretative and amending power over the basic law and jurisdiction over acts of. The 1984 sinobritish joint declaration and the basic law of the sar specify that the sar enjoys a high degree of autonomy under the one country, two systems framework, except in matters of defense and foreign affairs. History of hong kong lonely planet travel information. Please note that reservations of 3d printing, 3d scanning, laser cutting, project mapping, and physical computer kit services cannot be made using the booking system at the moment. According to the basic law, hong kong shall be a local administrative region which shall enjoy a. To understand the longstanding feud that keeps hongkongers and mainland chinese from getting along, you need to first understand the basics of hong kongs modern history. Next month the national peoples congress of china will select a committee that will formulate the basic law. Research fellowpostdoctoral fellow hong kong basic law 1 post ref. Drafting and promulgation of the basic law and hong kongs reuniication with the motherland members of the hksar executive. The high court ruled on monday the ban was incompatible with the basic law. Council were sworn in the ceremony marking hong kongs reuniication with the motherland was held at the hong kong convention and exhibition centre on. Although the city has one of the highest per capita incomes in the world, there is severe income inequality among its residents. Proceedings of a seminar held at the university of hong kong on 5 may 1990.
It is a vibrant cultural and financial center of chinese society. 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 nonpermanent residents. One of the most widelydebated questions among everyone who follows hong kongs future is what will happen after the expiry on june 30, 2047 of the guarantees that beijing made in relation to the first 50 years after hong kongs reversion to chinese sovereignty on july 1, 1997. China clamps down hong kong burning issues free pdf. The hong kong handover was the most momentous event in hong kongs history. Department of justice of the hong kong special administrative region. Hong kong elegislation what is hong kong elegislation.
Hong kong, a major financial hub in asia, has long attracted foreign investment due to its reputation for good governance, rule of law, and the protection of rights, including labor and intellectual property rights. Why is the hong kong extradition bill so controversial. As you can see, the new territories covers most of the area, adjoining shenzhen on the north. Sec proposes new guidance on role of municipal advisers in private placements. The demonstrations began in opposition to proposed amendments to hong kongs extradition laws, but have since grown to encompass the publics frustration over democratic deterioration and rights violations. Since the protests have subsided with the threat of the coronavirus, prodemocracy leaders have been preparing to. The garrison law, subsequently enacted by the national peoples congress, contains specific provisions on the duties and rules. The hong kong basic law ensured that hong kong will retain its capitalist economic system and own currency the hong kong dollar, legal system, legislative system, and same human rights and freedoms. The basic law of the hong kong special administrative region of the peoples republic of china published by the constitutional and mainland affairs bureau designed by the information services department printed by the government logistics department hong kong special administrative region government. Jun 10, 2019 but that autonomy, guaranteed under a miniconstitution known as the basic law, expires in 2047. Under the hong kong basic law, a constitution agreed to by the united kingdom and the peoples republic of china when the former handed hong kong back to the latter, none of these things should. Jun 24, 2019 a chronology of key events in the history of hong kong from 1842 to the present.
I hereby promulgate the basic law of the hong kong special administrative region of the. The island was ceded by qing dynasty in the aftermath of the war in 1842 and established as a. As per this, hk has a mini constitution called basic law. It consists of hong kong island, originally ceded by. The sinobritish joint declaration of 1984 dictated the terms under which hong kong was returned to china. 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. It was the largest protest in hong kong s history according to wikinews this law would allow mainland china to extradite people living or visiting hong kong who may be fugitives. It has continued to thrive following the 1997 handover because, despite more aggressive encroachment in recent years, it has thus far been.
Antigovernment protests have rocked hong kong for months and the situation shows no sign of dying down. It is one of the richest and most highly developed places in china. Hong kong is a part of china, but it has a unique history that affects the way people from hong kong also known as hongkongers interact with and perceive the mainland today. The basic law is a constitutional document for the. The only mainland laws that apply in hong kong are a handful of laws added to annex iii of the hong kong basic law addressing issues such as national symbols, nationality, diplomacy and sea. Orrick does not have a duty or a legal obligation to keep confidential any information that you provide to us. Beijing also maintains the authority to interpret hong kongs basic law. Police surround last holdouts at hong kong campus protest.
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