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Basic Law Key Articles

Flashcards on the key Articles of the Hong Kong Basic Law for the Basic Law Test: structure, dates, the Chief Executive, the Legislative Council, the courts and the economy. Original study material.

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Basic Law: date adopted by the NPC
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1
Basic Law: date adopted by the NPC
4 April 1990
2
Basic Law: date it came into effect
1 July 1997
3
Basic Law: number of Articles, Chapters and Annexes
160 Articles, 9 Chapters and 3 Annexes.
4
Article 1
The HKSAR is an inalienable part of the People's Republic of China.
5
Article 2
The NPC authorises the HKSAR to exercise a high degree of autonomy.
6
Article 5
The capitalist system and way of life remain unchanged for 50 years.
7
Article 8
Laws previously in force, including the common law, are maintained.
8
Article 9
Chinese is the official language; English may also be used as an official language.
9
Article 12
The HKSAR is a local administrative region directly under the Central People's Government.
10
Articles 13 and 14
The Central People's Government is responsible for foreign affairs (13) and defence (14).
11
Article 18 and Annex III
National laws apply in the HKSAR only if listed in Annex III.
12
Article 23
The HKSAR enacts laws on its own to prohibit treason, secession, sedition and similar acts.
13
Article 25
All Hong Kong residents are equal before the law.
14
Article 26
Permanent residents have the right to vote and to stand for election.
15
Article 27
Freedom of speech, of the press, of publication, of association and of assembly.
16
Article 35
Confidential legal advice, access to the courts and choice of lawyers.
17
Article 39
The ICCPR and ICESCR as applied to Hong Kong remain in force.
18
Article 43
The Chief Executive is the head of the HKSAR.
19
Article 44
The Chief Executive must be a Chinese citizen aged at least 40 with 20 years' continuous residence.
20
Article 46
A five-year term for the Chief Executive, with at most two consecutive terms.
21
Article 49 and Article 50
Return of a bill within three months (49); dissolution of the Legislative Council in the stated cases (50).
22
Article 54
The Executive Council assists the Chief Executive in policy-making.
23
Article 63
The Department of Justice controls criminal prosecutions free from interference.
24
Article 66 and Article 69
The Legislative Council is the legislature (66); its term is four years (69).
25
Article 82
The Court of Final Appeal holds the power of final adjudication.
26
Article 85
The courts exercise judicial power independently, free from interference.
27
Article 104
Officials, legislators and judges must swear to uphold the Basic Law and bear allegiance to the HKSAR.
28
Article 105
Protection of the right to own property.
29
Article 111
The Hong Kong dollar is the legal tender of the HKSAR.
30
Article 114 and Article 116
Free port status (114); a separate customs territory (116).
31
Article 158
The NPC Standing Committee has the power to interpret the Basic Law.
32
Article 159
The NPC has the power to amend the Basic Law.

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