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Decree of the President of the People’s Republic of China No. 26 I hereby promulgate the Basic Law of the Hong Kong Special Administrative Region of t
[See the full post at: Basic Law of the Hong Kong Special Administrative Region of the People’s Republic of China (1990)]The Sino-British Joint Declaration on the Question of Hong Kong (The Joint Declaration) was signed between the Chinese and British Governments on 19 December 1984. The Joint Declaration sets out, among other things, the basic policies of the People’s Republic of China (PRC) regarding Hong Kong. Under the principle of “One Country, Two Systems”, the socialist system and policies shall not be practised in the Hong Kong Special Administrative Region (HKSAR) and Hong Kong’s previous capitalist system and life-style shall remain unchanged for 50 years. The Joint Declaration provides that these basic policies shall be stipulated in a Basic Law of the HKSAR.
Relationship Between the Central Authority of China & the Hong Kong SAR
The Central People’s Government (CPG) shall be responsible for the defence and the foreign affairs relating to the HKSAR. (BL Articles 13-14)
The CPG authorizes the HKSAR to conduct relevant external affairs on its own. (BL Article 13)
The HKSARG shall be responsible for the maintenance of public order in the Region. (BL Article 14)
National laws shall not be applied in the HKSAR except for those listed in Annex III to the Basic Law. Laws listed in Annex III shall be confined to those relating to defence and foreign affairs as well as other matters outside the limits of the autonomy of the HKSAR. The laws listed in Annex III shall be applied locally by way of promulgation or legislation by the HKSAR. (BL Article 18)
No department of the CPG and no province, autonomous region, or municipality directly under the Central Government may interfere in the affairs which the HKSAR administers on its own in accordance with the Basic Law. (BL Article 22)
Hong Kong Normalization : US President’s Executive Order -14/07/2020
The Judiciary
The power of final adjudication of the HKSAR shall be vested in the Court of Final Appeal of the HKSAR, which may as required invite judges from other common law jurisdictions to sit on the Court of Final Appeal. (BL Article 82)
The courts of the HKSAR shall exercise judicial power independently, free from any interference. (BL Article 85)
The principle of trial by jury previously practised in Hong Kong shall be maintained. Anyone who is lawfully arrested shall have the right to a fair trial by the judicial organs without delay and shall be presumed innocent until convicted by the judicial organs. (BL Articles 86-87)
The HKSAR may, through consultations and in accordance with law, maintain juridical relations with the judicial organs of other parts of the PRC, and they may render assistance to each other. With the assistance or authorization of the CPG, the HKSARG may also make appropriate arrangements with foreign states for reciprocal juridical assistance. (BL Articles 95-96)
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