User:GiveMeCovfefe/ReadableLectureNotes/LegalStudies

= Week 1 = Chinese Constitution (the 1982 Edition) Article 31 – The state may establish special administrative regions when necessary. The systems to be instituted in special administrative regions shall be prescribed by law enacted by the National People’s Congress in the light of specific conditions.

Role of the Basic Law of Hong Kong Contents: Articles 1 to the end Annex I II and III, contents and importance Ordinances assigned to them

Contents Decree of the President of the People's Republic of China The Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China Preamble Chapter I: General Principles(Art 1-11) (For example: Article 8 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 HKSAR.)

Chapter II: Relationship between the Central Authorities and the HKSAR(Art 12-23) (For example: Article 15 The Central People’s Government shall appoint the Chief Executive and the principal officials of the executive authorities of the HKSAR…)

Chapter III: Fundamental Rights and Duties of the Residents(Art 24-42) (For example: Article 25 All Hong Kong residents shall be equal before the law.)

Chapter IV: Political Structure Section 1:The Chief Executive; Section 2:The Executive Authorities; Section 3: The Legislature; Section 4:The Judiciary; Section 5: District Organizations; Section 6: Public Servants (Art 43-104) Note: the term ‘filibustering’ does not appear in the Basic Law (For example: Article 46 The term of office of the Chief Executive of the HKSAR shall be five years. He or she may serve for not more than two consecutive terms.)

Chapter V: Economy Section 1: Public Finance, Monetary Affairs, Trade, Industry and Commerce; Section 2: Land Leases; Section 3: Shipping; Section 4: Civil Aviation; (Art 105-135) (For example: Article 120 All leases of land granted, decided upon or renewed before the establishment of the HKSAR 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.)

Chapter VI: Education, Science, Culture, Sports, Religion, Labour and Social Services(Art 136-149) (For example: Article 140 The Government of the HKSAR 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.)

Chapter VII: External Affairs(Art 150-157) (For example: Article 150 Representatives of the Government of the HKSAR may, as members of delegations of the Government of the People’s Republic of China, participate in negotiations at the diplomatic level directly affecting the Region conducted by the Central People’s Government.)

Chapter VIII: Interpretation and Amendment of the Basic Law(Art 158 & 159)

Chapter IX: Supplementary Provisions(Art 160)

Annex I: Method for the Selection of the Chief Executive of the HKSAR Annex II: Method for the Formation of the Legislative Council of the HKSAR and Its Voting Procedures Annex III: National laws to be applied in the HKSAR