• Hong Kong - Constitution (2/3)

    From Zomi for Federalization and Democra@21:1/5 to All on Mon Aug 1 18:08:58 2016
    [continued from previous message]

    The Legislative Council of the Hong Kong Special Administrative Region shall be composed of Chinese citizens who are permanent residents of the Region with no right of abode in any foreign country. However, permanent residents of the Region who are not
    of Chinese nationality or who have the right of abode in foreign countries may also be elected members of the Legislative Council of the Region, provided that the proportion of such members does not exceed 20 per cent of the total membership of the
    Council.

    Article 68
    (1) The Legislative Council of the Hong Kong Special Administrative Region shall be constituted by election.
    (2) The method for forming the Legislative Council shall be specified in the light of the actual situation in the Hong Kong Special Administrative Region and in accordance with the principle of gradual and orderly progress. The ultimate aim is the
    election of all the members of the Legislative Council by universal suffrage. (3) The specific method for forming the Legislative Council and its procedures for voting on bills and motions are prescribed in Annex II: "Method for the Formation of the Legislative Council of the Hong Kong Special Administrative Region and Its Voting
    Procedures".

    Article 69
    The term of office of the Legislative Council of the Hong Kong Special Administrative Region shall be four years, except the first term which shall be two years.

    Article 70
    If the Legislative Council of the Hong Kong Special Administrative Region is dissolved by the Chief Executive in accordance with the provisions of this Law, it must, within three months, be reconstituted by election in accordance with Article 68 of this
    Law.

    Article 71
    (1) The President of the Legislative Council of the Hong Kong Special Administrative Region shall be elected by and from among the members of the Legislative Council.
    (2) The President of the Legislative Council of the Hong Kong Special Administrative Region shall be a Chinese citizen of not less than 40 years of age, who is a permanent resident of the Region with no right of abode in any foreign country and has
    ordinarily resided in Hong Kong for a continuous period of not less than 20 years.

    Article 72
    The President of the Legislative Council of the Hong Kong Special Administrative Region shall exercise the following powers and functions:
    1) To preside over meetings;
    2) To decide on the agenda, giving priority to government bills for inclusion in the agenda;
    3) To decide on the time of meetings;
    4) To call special sessions during the recess;
    5) To call emergency sessions on the request of the Chief Executive; and
    6) To exercise other powers and functions as prescribed in the rules of procedure of the Legislative Council.

    Article 73
    The Legislative Council of the Hong Kong Special Administrative Region shall exercise the following powers and functions:5323
    1) To enact, amend or repeal laws in accordance with the provisions of this Law and legal procedures;
    2) To examine and approve budgets introduced by the government;
    3) To approve taxation and public expenditure;5325
    4) To receive and debate the policy addresses of the Chief Executive;
    5) To raise questions on the work of the government;
    6) To debate any issue concerning public interests;
    7) To endorse the appointment and removal of the judges of the Court of Final Appeal and the Chief Judge of the High Court;
    8) To receive and handle complaints from Hong Kong residents;
    9) If a motion initiated jointly by one-fourth of all the members of the Legislative Council charges the Chief Executive with serious breach of law or dereliction of duty and if he or she refuses to resign, the Council may, after passing a motion for
    investigation, give a mandate to the Chief Justice of the Court of Final Appeal to form and chair an independent investigation committee. The committee shall be responsible for carrying out the investigation and reporting its findings to the Council.
    If the committee considers the evidence sufficient to substantiate such charges, the Council may pass a motion of impeachment by a two-thirds majority of all its members and report it to the Central People's Government for decision; and
    10) To summon, as required when exercising the above-mentioned powers and functions, persons concerned to testify or give evidence.

    Article 74
    Members of the Legislative Council of the Hong Kong Special Administrative Region may introduce bills in accordance with the provisions of this Law and legal procedures. Bills which do not relate to public expenditure or political structure or the
    operation of the government may be introduced individually or jointly by members of the Council. The written consent of the Chief Executive shall be required before bills relating to government policies are introduced.

    Article 75
    (1) The quorum for the meeting of the Legislative Council of the Hong Kong Special Administrative Region shall be not less than one half of all its members.
    (2) The rules of procedure of the Legislative Council shall be made by the Council on its own, provided that they do not contravene this Law.

    Article 76
    A bill passed by the Legislative Council of the Hong Kong Special Administrative Region may take effect only after it is signed and promulgated by the Chief Executive.

    Article 77
    Members of the Legislative Council of the Hong Kong Special Administrative Region shall be immune from legal action in respect of their statements at meetings of the Council.

    Article 78
    Members of the Legislative Council of the Hong Kong Special Administrative Region shall not be subjected to arrest when attending or on their way to a meeting of the Council.

    Article 79
    The President of the Legislative Council of the Hong Kong Special Administrative Region shall declare that a member of the Council is no longer qualified for the office under any of the following circumstances:
    1) When he or she loses the ability to discharge his or her duties as a result of serious illness or other reasons;
    2) When he or she, with no valid reason, is absent from meetings for three consecutive months without the consent of the President of the Legislative Council;
    3) When he or she loses or renounces his or her status as a permanent resident of the Region;
    4) When he or she accepts a government appointment and becomes a public servant;
    5) When he or she is bankrupt or fails to comply with a court order to repay debts;
    6) When he or she is convicted and sentenced to imprisonment for one month or more for a criminal offence committed within or outside the Region and is relieved of his or her duties by a motion passed by two-thirds of the members of the Legislative
    Council present; and
    7) When he or she is censured for misbehaviour or breach of oath by a vote of two-thirds of the members of the Legislative Council present.

    Section 4 The Judiciary

    Article 80
    The courts of the Hong Kong Special Administrative Region at all levels shall be the judiciary of the Region, exercising the judicial power of the Region.541

    Article 81
    (1) The Court of Final Appeal5413, the High Court, district courts, magistrates' courts, and other special courts shall be established in the Hong Kong Special Administrative Region. The High Court shall comprise the Court of Appeal and the Court of
    First Instance.
    (2) The judicial system previously practised in Hong Kong shall be maintained except for those changes consequent upon the establishment of the Court of Final Appeal of the Hong Kong Special Administrative Region.

    Article 82
    The power of final adjudication of the Hong Kong Special Administrative Region shall be vested in the Court of Final Appeal of the Region, which may as required invite judges from other common law jurisdictions to sit on the Court of Final Appeal.

    Article 83
    The structure, powers and functions of the courts of the Hong Kong Special Administrative Region at all levels shall be prescribed bylaw.

    Article 84
    The courts of the Hong Kong 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.

    Article 85
    The courts of the Hong Kong Special Administrative Region shall exercise judicial power independently, free from any interference. Members of the judiciary shall be immune from legal action in the performance of their judicial functions.5421

    Article 86
    The principle of trial by jury previously practised in Hong Kong shall be maintained.

    Article 87
    (1) In criminal or civil proceedings in the Hong Kong Special Administrative Region, the principles previously applied in Hong Kong and the rights previously enjoyed by parties to proceedings shall be maintained.
    (2) 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.

    Article 88
    Judges of the courts of the Hong Kong Special Administrative Region shall be appointed by the Chief Executive on the recommendation of an independent commission composed of local judges, persons from the legal profession and eminent persons from other
    sectors.

    Article 89
    (1) A judge of a court of the Hong Kong Special Administrative Region may only be removed for inability to discharge his or her duties, or for misbehaviour, by the Chief Executive on the recommendation of a tribunal appointed by the Chief Justice of the
    Court of Final Appeal and consisting of not fewer than three local judges.
    (2) The Chief Justice of the Court of Final Appeal of the Hong Kong Special Administrative Region may be investigated only for inability to discharge his or her duties, or for misbehaviour, by a tribunal appointed by the Chief Executive and consisting of
    not fewer than five local judges and may be removed by the Chief Executive on the recommendation of the tribunal and in accordance with the procedures prescribed in this Law.

    Article 90
    (1) The Chief Justice of the Court of Final Appeal and the Chief Judge of the High Court of the Hong Kong Special Administrative Region shall be Chinese citizens who are permanent residents of the Region with no right of abode in any foreign country.
    (2) In the case of the appointment or removal of judges of the Court of Final Appeal and the Chief Judge of the High Court of the Hong Kong Special Administrative Region, the Chief Executive shall, in addition to following the procedures prescribed in
    Articles 88 and 89 of this Law, obtain the endorsement of the Legislative Council and report such appointment or removal to the Standing Committee of the National People's Congress for therecord.

    Article 91
    The Hong Kong Special Administrative Region shall maintain the previous system of appointment and removal of members of the judiciary other than judges.

    Article 92
    Judges and other members of the judiciary of the Hong Kong Special Administrative Region shall be chosen on the basis of their judicial and professional qualities and may be recruited from other common law jurisdictions.

    Article 93
    (1) Judges and other members of the judiciary serving in Hong Kong before the establishment of the Hong Kong Special Administrative Region may all remain in employment and retain their seniority with pay, allowances, benefits and conditions of service no
    less favourable than before.
    (2) The Government of the Hong Kong Special Administrative Region shall pay to judges and other members of the judiciary who retire or leave the service in compliance with regulations, including those who have retired or left the service before the
    establishment of the Hong Kong Special Administrative Region, or to their dependants, all pensions, gratuities, allowances and benefits due to them on terms no less favourable than before, irrespective of their nationality or place of residence.

    Article 94
    On the basis of the system previously operating in Hong Kong, the Government of the Hong Kong Special Administrative Region may make provisions for local lawyers and lawyers from outside Hong Kong to work and practise in the Region.

    Article 95
    The Hong Kong Special Administrative Region may, through consultations and in accordance with law, maintain juridical relations with the judicial organs of other parts of the country, and they may render assistance to each other.

    Article 96
    With the assistance or authorization of the Central People's Government, the Government of the Hong Kong Special Administrative Region may make appropriate arrangements with foreign states for reciprocal juridical assistance.

    Section 5 District Organizations

    Article 97
    District organizations which are not organs of political power may be established in the Hong Kong Special Administrative Region, to be consulted by the government of the Region528 on district administration and other affairs, or to be responsible for
    providing services in such fields as culture, recreation and environmental sanitation.

    Article 98
    The powers and functions of the district organizations and the method for their formation shall be prescribed by law.

    Section 6 Public Servants

    Article 99
    (1) Public servants serving in all government departments of the Hong Kong Special Administrative Region must be permanent residents of the Region, except where otherwise provided for in Article 101 of this Law regarding public servants of foreign
    nationalities and except for those below a certain rank as prescribed by law. (2) Public servants must be dedicated to their duties and be responsible to the Government of the Hong Kong Special Administrative Region.

    Article 100
    Public servants serving in all Hong Kong government departments, including the police department, before the establishment of the Hong Kong Special Administrative Region, may all remain in employment and retain their seniority with pay, allowances,
    benefits and conditions of service no less favourable than before.

    Article 101
    (1) The Government of the Hong Kong Special Administrative Region may employ British and other foreign nationals previously serving in the public service in Hong Kong, or those holding permanent identity cards of the Region, to serve as public servants
    in government departments at all levels, but only Chinese citizens among permanent residents of the Region with no right of abode in any foreign country may fill the following posts: the Secretaries and Deputy Secretaries of Departments, Directors of
    Bureaux, Commissioner Against Corruption, Director of Audit, Commissioner of Police, Director of Immigration and Commissioner of Customs and Excise.
    (2) The Government of the Hong Kong Special Administrative Region may also employ British and other foreign nationals as advisers to government departments and, when required, may recruit qualified candidates from outside the Region to fill professional
    and technical posts in government departments. These foreign nationals shall be employed only in their individual capacities and shall be responsible to the government of the Region.

    Article 102
    The Government of the Hong Kong Special Administrative Region shall pay to public servants who retire or who leave the service in compliance with regulations, including those who have retired or who have left the service in compliance with regulations
    before the establishment of the Hong Kong Special Administrative Region, or to their dependants, all pensions, gratuities, allowances and benefits due to them on terms no less favourable than before, irrespective of their nationality or place of
    residence.

    Article 103
    The appointment and promotion of public servants shall be on the basis of their qualifications, experience and ability. Hong Kong'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.

    Article 104
    When assuming office, the Chief Executive, principal officials, members of the Executive Council and of the Legislative Council, judges of the courts at all levels and other members of thejudiciary in the Hong Kong Special Administrative Region must, in
    accordance with law, swear to uphold the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China and swear allegiance to the Hong Kong Special Administrative Region of the People's Republic of China.

    Chapter V Economy

    Section 1 Public Finance, Monetary Affairs, Trade, Industry and Commerce

    Article 105
    (1) The Hong Kong Special Administrative Region shall, in accordance with law, protect the right of individuals and legal persons to the acquisition, use, disposal, and inheritance of property622 and their right to compensation for lawful deprivation of
    their property.
    (2) Such compensation shall correspond to the real value of the property concerned at the time and shall be freely convertible and paid without undue delay.
    (3) The ownership of enterprises and the investments from outside the Region shall be protected by law.

    Article 106
    (1) The Hong Kong Special Administrative Region shall have independent finances.
    (2) The Hong Kong Special Administrative Region shall use its financial revenues exclusively for its own purposes, and they shall not be handed over to the Central People's Government.
    (3) The Central People's Government shall not levy taxes in the Hong Kong Special Administrative Region.

    Article 107
    The Hong Kong Special Administrative Region shall follow the principle of keeping expenditure within the limits of revenues in drawing up its budget, and strive to achieve a fiscal balance, avoid deficits and keep the budget commensurate with the growth
    rate of its gross domestic product.

    Article 108
    (1) The Hong Kong Special Administrative Region shall practise an independent taxation system.
    (2) The Hong Kong Special Administrative Region shall, taking the low tax policy previously pursued in Hong Kong as reference, enact laws on its own concerning types of taxes, tax rates, tax reductions, allowances and exemptions, and other matters of
    taxation.

    Article 109
    The Government of the Hong Kong Special Administrative Region shall provide an appropriate economic and legal environment for the maintenance of the status of Hong Kong as an international financial centre.

    Article 110
    (1) The monetary and financial systems of the Hong Kong Special Administrative Region shall be prescribed by law.
    (2) The Government of the Hong Kong Special Administrative Region shall, on its own, formulate monetary and financial policies, safeguard the free operation of financial business and financial markets, and regulate and supervise them in accordance with
    law.

    Article 111
    (1) The Hong Kong dollar, as the legal tender in the Hong Kong Special Administrative Region, shall continue to circulate.
    (2) The authority to issue Hong Kong currency shall be vested in the Government of the Hong Kong Special Administrative Region. The issue of Hong Kong currency must be backed by a 100 per cent reserve fund. The system regarding the issue of Hong Kong
    currency and the reserve fund system shall be prescribed by law.
    (3) The Government of the Hong Kong Special Administrative Region may authorize designated banks to issue or continue to issue Hong Kong currency under statutory authority, after satisfying itself that any issue of currency will be soundly based and that
    the arrangements for such issue are consistent with the object of maintaining the stability of the currency.

    Article 112
    (1) No foreign exchange control policies shall be applied in the Hong Kong Special Administrative Region. The Hong Kong dollar shall be freely convertible. Markets for foreign exchange, gold, securities, futures and the like shall continue.
    (2) The Government of the Hong Kong Special Administrative Region shall safeguard the free flow of capital within, into and out of the Region.

    Article 113
    The Exchange Fund of the Hong Kong Special Administrative Region shall be managed and controlled by the government of the Region, primarily for regulating the exchange value of the Hong Kong dollar.

    Article 114
    The Hong Kong Special Administrative Region shall maintain the status of a free port and shall not impose any tariff unless otherwise prescribed by law.

    Article 115
    The Hong Kong Special Administrative Region shall pursue the policy of free trade and safeguard the free movement of goods, intangible assets and capital.

    Article 116
    (1) The Hong Kong Special Administrative Region shall be a separate customs territory.
    (2) The Hong Kong Special Administrative Region may, using the name "Hong Kong, China", participate in relevant international organizations and international trade agreements (including preferential trade arrangements), such as the General Agreement on
    Tariffs and Trade and arrangements regarding international trade in textiles. (3) Export quotas, tariff preferences and other similar arrangements, which are obtained or made by the Hong Kong Special Administrative Region or which were obtained or made and remain valid, shall be enjoyed exclusively by the Region.

    Article 117
    The Hong Kong Special Administrative Region may issue its own certificates of origin for products in accordance with prevailing rules of origin.

    Article 118
    The Government of the Hong Kong Special Administrative Region shall provide an economic and legal environment for encouraginginvestments, technological progress and the development of new industries.

    Article 119
    The Government of the Hong Kong Special Administrative Region shall formulate appropriate policies to promote and co-ordinate the development of various trades such as manufacturing, commerce, tourism, real estate, transport, public utilities, services,
    agriculture and fisheries, and pay regard to the protection of the environment.

    Section 2 Land Leases

    Article 120
    All leases of land granted, decided upon or renewed before the establishment of the Hong Kong Special Administrative Region which extend beyond 30 June 1997, and all rights in relation to such leases, shall continue to be recognized and protected under
    the law of the Region.

    Article 121
    As regards all leases of land granted or renewed where the original leases contain no right of renewal, during the period from 27 May 1985 to 30 June 1997, which extend beyond 30 June 1997 and expire not later than 30 June 2047, the lessee is not
    required to pay an additional premium as from 1 July 1997, but an annual rent equivalent to 3 per cent of the rateable value of the property at that date, adjusted in step with any changes in the rateable value thereafter, shall be charged.

    Article 122
    In the case of old schedule lots, village lots, small houses and similar rural holdings, where the property was on 30 June 1984 held by, or, in the case of small houses granted after that date, where the property is granted to, a lessee descended through
    the male line from a person who was in 1898 a resident of an established village in Hong Kong, the previous rent shall remain unchanged so long as the property is held by that lessee or by one of his lawful successors in the male line.

    Article 123
    Where leases of land without a right of renewal expire after the establishment of the Hong Kong Special Administrative Region, they shall be dealt with in accordance with laws and policies formulated by the Region on its own.

    Section 3 Shipping

    Article 124
    (1) The Hong Kong Special Administrative Region shall maintain Hong Kong's previous systems of shipping management and shipping regulation, including the system for regulating conditions of seamen.
    (2) The Government of the Hong Kong Special Administrative Region shall, on its own, define its specific functions and responsibilities in respect of shipping.

    Article 125
    The Hong Kong Special Administrative Region shall be authorized by the Central People's Government to continue to maintain a shipping register and issue related certificates under its legislation,using the name "Hong Kong, China".

    Article 126
    With the exception of foreign warships, access for which requires the special permission of the Central People's Government, ships shall enjoy access to the ports of the Hong Kong Special Administrative Region in accordance with the laws of the Region.

    Article 127
    Private shipping businesses and shipping-related businesses and private container terminals in the Hong Kong Special Administrative Region may continue to operate freely.

    Section 4 Civil Aviation

    Article 128
    The Government of the Hong Kong Special Administrative Region shall provide conditions and take measures for the maintenance of the status of Hong Kong as a centre of international and regional aviation.

    Article 129
    (1) The Hong Kong Special Administrative Region shall continue the previous system of civil aviation management in Hong Kong and keep its own aircraft register in accordance with provisions laid down by the Central People's Government concerning
    nationality marks and registration marks of aircraft.
    (2) Access of foreign state aircraft to the Hong Kong Special Administrative Region shall require the special permission of the Central People's Government.

    Article 130
    The Hong Kong Special Administrative Region shall be responsible on its own for matters of routine business and technical management of civil aviation, including the management of airports, the provision of air traffic services within the flight
    information region of the Hong Kong Special Administrative Region, and the discharge of other responsibilities allocated to it under the regional air navigation procedures of the International Civil Aviation Organization.

    Article 131
    The Central People's Government shall, in consultation with the Government of the Hong Kong Special Administrative Region, make arrangements providing air services between the Region and other parts of the People's Republic of China for airlines
    incorporated in the Hong Kong Special Administrative Region and having their principal place of business in Hong Kong and other airlines of the People's Republic of China.

    Article 132
    (1) All air service agreements providing air services between other parts of the People's Republic of China and other states and regions with stops at the Hong Kong Special Administrative Region and air services between the Hong Kong Special
    Administrative Region and other states and regions with stops at other parts of the People's Republic of China shall be concluded by the Central People's Government.
    (2) In concluding the air service agreements referred to in Paragraph (1), the Central People's Government shall take account of the special conditions and economic interests of theHong Kong Special Administrative Region and consult the government of the
    Region.
    (3) Representatives of the Government of the Hong Kong Special Administrative Region may, as members of the delegations of the Government of the People's Republic of China, participate in air service consultations conducted by the Central People's
    Government with foreign governments concerning arrangements for such services referred to in Paragraph (1).

    Article 133
    (1) Acting under specific authorizations from the Central People's Government, the Government of the Hong Kong Special Administrative Region may:
    1) renew or amend air service agreements and arrangements previously in force; 2) negotiate and conclude new air service agreements providing routes for airlines incorporated in the Hong Kong Special Administrative Region and having their principal place of business in Hong Kong and providing rights for over-flights and technical
    stops; and
    3) negotiate and conclude provisional arrangements with foreign states or regions with which no air service agreements have been concluded.
    (2) All scheduled air services to, from or through Hong Kong, which do not operate to, from or through the mainland of China shall be regulated by the air service agreements or provisional arrangements referred to in this article.

    Article 134
    The Central People's Government shall give the Government of the Hong Kong Special Administrative Region the authority to:
    1) negotiate and conclude with other authorities all arrangements concerning the implementation of the air service agreements and provisional arrangements referred to in Article 133 of this Law;
    2) issue licences to airlines incorporated in the Hong Kong Special Administrative Region and having their principal place of business in Hong Kong;
    3) designate such airlines under the air service agreements and provisional arrangements referred to in Article 133 of this Law; and
    4) issue permits to foreign airlines for services other than those to, from or through the mainland of China.

    Article 135
    Airlines incorporated and having their principal place of business in Hong Kong and businesses related to civil aviation functioning there prior to the establishment of the Hong Kong Special Administrative Region may continue to operate.

    Chapter VI Education, Science, Culture, Sports, Religion, Labour and Social Service

    Article 136
    (1) 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 administration, the language of instruction, the allocation of funds, the examination system, the system of academic awards and the recognition of educational qualifications.
    (2) Community organizations and individuals may, in accordance with law, run educational undertakings of various kinds in theHong Kong Special Administrative Region.

    Article 137
    (1) Educational institutions of all kinds may retain their autonomy and enjoy academic freedom. They may continue to recruit staff and use teaching materials from outside the Hong Kong Special Administrative Region. Schools run by religious
    organizations may continue to provide religious education, including courses in religion.
    (2) Students shall enjoy freedom of choice of educational institutions and freedom to pursue their education outside the Hong Kong Special Administrative Region.

    Article 138
    The Government of the Hong Kong Special Administrative Region shall, on its own, formulate policies to develop Western and traditional Chinese medicine and to improve medical and health services. Community organizations and individuals may provide
    various medical and health services in accordance with law

    Article 139
    (1) The Government of the Hong Kong Special Administrative Region shall, on its own, formulate policies on science and technology and protect by law achievements in scientific and technological research, patents, discoveries and inventions.
    (2) The Government of the Hong Kong Special Administrative Region shall, on its own, decide on the scientific and technological standards and specifications applicable in Hong Kong.

    Article 140
    The Government of the Hong Kong Special Administrative Region shall, on its own, formulate policies on culture and protect by law the achievements and the lawful rights and interests of authors in their literary and artistic creation.

    Article 141
    (1) The Government of the Hong Kong Special Administrative Region shall not restrict the freedom of religious belief, interfere in the internal affairs of religious organizations or restrict religious activities which do not contravene the laws of the
    Region.
    (2) Religious organizations shall, in accordance with law, enjoy the rights to acquire, use, dispose of and inherit property and the right to receive financial assistance. Their previous property rights and interests shall be maintained and protected.

    [continued in next message]

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)