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Hong Kong Basic Law
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Hong Kong Basic Law
The Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China is a Chinese national law that describes the system of government of Hong Kong as a Special Administrative Region. With nine chapters, 160 articles, and three annexes, the law implements the basic policies declared by China in the 1984 Sino-British Joint Declaration that would apply to Hong Kong once British colonial rule ends in 1997.
Under the law's basic principle of "one country, two systems", the socialist system and policies of China are excluded from Hong Kong. Instead, Hong Kong will continue its capitalist system and way of life from before 1997 for at least 50 years in 2047. As an organic law, the Basic Law also describes sources of law, the branches of government, the relationship between Hong Kong and the Chinese Central Government (State Council), and the fundamental rights and duties of Hong Kong residents.
The drafting process began in 1985. The law was enacted by the National People's Congress on 4 April 1990 and took effect on 1 July 1997 after the handover of Hong Kong. It replaced the Letters Patent and the Royal Instructions as Hong Kong's main constitutional document. As such, the Basic Law has been referred to as Hong Kong's "mini constitution".
Qing China ceded Hong Kong Island and parts of the Kowloon Peninsula to the United Kingdom after it was defeated in the Opium Wars of the mid-19th century. The British government then obtained a 99-year lease of the New Territories in 1898, which expanded the colony of Hong Kong for the final time. Chinese governments following the Qing Empire's collapse in 1911 refer to these agreements as "unequal treaties" and were invalid.
In 1982, Chinese and British officials separately began to meet Hong Kong business and political elites in Hong Kong. In September, Deng Xiaoping met Thatcher in Beijing and told her that China's sovereignty over Hong Kong was not negotiable, but both agreed to begin diplomatic discussions. The Chinese government then declared that it would "resume exercising sovereignty" in Hong Kong in 1997 peacefully while maintaining Hong Kong's stability and standing in the global economy. Diplomatic efforts resulted in the signing of the Sino-British Joint Declaration in 1984 to prepare for sovereignty over Hong Kong to be transferred from the United Kingdom to China in 1997.
Shortly after, the National People's Congress created the Basic Law Drafting Committee (BLDC) in 1985. In June, the Standing Committee of the National People's Congress (NPCSC) approved the BLDC of 36 members from China and 23 members from Hong Kong, chaired by Chinese diplomat Ji Pengfei. Twelve of the 23 Hong Kong members were connected to the city's business and industrial sectors.
The Basic Law Consultative Committee (BLCC) composed of 180 Hong Kong community leaders was also established in the same year to collect views on the draft law in Hong Kong. Similar to the BLDC, the BLCC was also dominated by business and professional elites.
The first draft was published in April 1988 followed by a five-month public consultation exercise. The second draft was published in February 1989, and the subsequent consultation period ended in October 1989. The Basic Law was promulgated on 4 April 1990 by the National People's Congress, together with the designs for the flag and emblem of the Hong Kong Special Administrative Region (HKSAR).
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Hong Kong Basic Law
The Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China is a Chinese national law that describes the system of government of Hong Kong as a Special Administrative Region. With nine chapters, 160 articles, and three annexes, the law implements the basic policies declared by China in the 1984 Sino-British Joint Declaration that would apply to Hong Kong once British colonial rule ends in 1997.
Under the law's basic principle of "one country, two systems", the socialist system and policies of China are excluded from Hong Kong. Instead, Hong Kong will continue its capitalist system and way of life from before 1997 for at least 50 years in 2047. As an organic law, the Basic Law also describes sources of law, the branches of government, the relationship between Hong Kong and the Chinese Central Government (State Council), and the fundamental rights and duties of Hong Kong residents.
The drafting process began in 1985. The law was enacted by the National People's Congress on 4 April 1990 and took effect on 1 July 1997 after the handover of Hong Kong. It replaced the Letters Patent and the Royal Instructions as Hong Kong's main constitutional document. As such, the Basic Law has been referred to as Hong Kong's "mini constitution".
Qing China ceded Hong Kong Island and parts of the Kowloon Peninsula to the United Kingdom after it was defeated in the Opium Wars of the mid-19th century. The British government then obtained a 99-year lease of the New Territories in 1898, which expanded the colony of Hong Kong for the final time. Chinese governments following the Qing Empire's collapse in 1911 refer to these agreements as "unequal treaties" and were invalid.
In 1982, Chinese and British officials separately began to meet Hong Kong business and political elites in Hong Kong. In September, Deng Xiaoping met Thatcher in Beijing and told her that China's sovereignty over Hong Kong was not negotiable, but both agreed to begin diplomatic discussions. The Chinese government then declared that it would "resume exercising sovereignty" in Hong Kong in 1997 peacefully while maintaining Hong Kong's stability and standing in the global economy. Diplomatic efforts resulted in the signing of the Sino-British Joint Declaration in 1984 to prepare for sovereignty over Hong Kong to be transferred from the United Kingdom to China in 1997.
Shortly after, the National People's Congress created the Basic Law Drafting Committee (BLDC) in 1985. In June, the Standing Committee of the National People's Congress (NPCSC) approved the BLDC of 36 members from China and 23 members from Hong Kong, chaired by Chinese diplomat Ji Pengfei. Twelve of the 23 Hong Kong members were connected to the city's business and industrial sectors.
The Basic Law Consultative Committee (BLCC) composed of 180 Hong Kong community leaders was also established in the same year to collect views on the draft law in Hong Kong. Similar to the BLDC, the BLCC was also dominated by business and professional elites.
The first draft was published in April 1988 followed by a five-month public consultation exercise. The second draft was published in February 1989, and the subsequent consultation period ended in October 1989. The Basic Law was promulgated on 4 April 1990 by the National People's Congress, together with the designs for the flag and emblem of the Hong Kong Special Administrative Region (HKSAR).
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