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Basic Law May2021 Eng THE CONSTITUTION OF THE PEOPLE'S REPUBLIC OF CHINA THE BASIC LAW OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION OF THE PEOPLE’S REPUBLIC OF CHINA May 2021 edition Important Notice The information contained in this booklet has no legal status, and is made available for information only and should not be relied on as an official version of the Constitution of the People’s Republic of China, the Basic Law of the Hong Kong Special Administrative Region of the People’s Republic of China and related constitutional instruments herein. Contents The Constitution of the People’s Republic of China Preamble ......................................................................................... 3 Chapter I General Principles ............................................................. 7 Chapter II Fundamental Rights and Obligations of Citizens ............. 18 Chapter III State Institutions .............................................................. 24 Section 1 The National People’s Congress ....................................... 24 Section 2 The President of the People’s Republic of China .............. 33 Section 3 The State Council ............................................................. 35 Section 4 The Central Military Commission .................................... 39 Section 5 Local People’s Congresses at All Levels and Local People’s Governments at All Levels .................................. 39 Section 6 Autonomous Organs of Ethnic Autonomous Areas ......... 45 Section 7 Commissions of Supervision ............................................. 47 Section 8 People’s Courts and People’s Procuratorates .................... 49 Chapter IV The National Flag, National Anthem, National Emblem and the Capital ................................................................. 52 The Basic Law of the Hong Kong Special Administrative Region of the People’s Republic of China Decree of the President of the People’s Republic of China ........................... 55 The Basic Law of the Hong Kong Special Administrative Region of the People’s Republic of China .................................................................... 56 Preamble ......................................................................................... 57 Chapter I General Principles ............................................................. 58 Chapter II Relationship between the Central Authorities and the Hong Kong Special Administrative Region ................ 61 Chapter III Fundamental Rights and Duties of the Residents ............. 66 Chapter IV Political Structure ............................................................. 71 Section 1 The Chief Executive .......................................................... 71 Section 2 The Executive Authorities ................................................ 77 Section 3 The Legislature ................................................................. 78 Section 4 The Judiciary .................................................................... 83 Section 5 District Organizations ...................................................... 87 Section 6 Public Servants ................................................................. 87 Chapter V Economy .......................................................................... 90 Section 1 Public Finance, Monetary Affairs, Trade, Industry and Commerce .................................................................. 90 Section 2 Land Leases ...................................................................... 93 Section 3 Shipping ........................................................................... 94 Section 4 Civil Aviation ................................................................... 95 Chapter VI Education, Science, Culture, Sports, Religion, Labour and Social Services ............................................................ 99 Chapter VII External Affairs ................................................................ 103 Chapter VIII Interpretation and Amendment of the Basic Law ............. 106 Chapter IX Supplementary Provisions ................................................ 108 Annex I Method for the Selection of the Chief Executive of the Hong Kong Special Administrative Region ...................... 109 Annex II Method for the Formation of the Legislative Council of the Hong Kong Special Administrative Region and Its Voting Procedures ........................................................................ 116 Annex III National Laws to be Applied in the Hong Kong Special Administrative Region ...................................................... 121 Instrument 1 Decision of the Standing Committee of the National People’s Congress on Adding to and Deleting from the List of the National Laws in Annex III to the Basic Law of the Hong Kong Special Administrative Region of the People’s Republic of China (Adopted at the Twenty Sixth Meeting of the Standing Committee of the Eighth National People’s Congress on 1 July 1997) ..................... 122 Instrument 2 Decision of the Standing Committee of the National People’s Congress on Adding a Law to the List of the National Laws in Annex III to the Basic Law of the Hong Kong Special Administrative Region of the People’s Republic of China (Adopted on 4 November 1998) ................................................................................. 123 Instrument 3 Decision of the Standing Committee of the National People’s Congress on Adding a Law to the List of the National Laws in Annex III to the Basic Law of the Hong Kong Special Administrative Region of the People’s Republic of China (Adopted on 27 October 2005) ................................................................................. 124 Instrument 4 Decision of the Standing Committee of the National People’s Congress on Adding a Law to the List of the National Laws in Annex III to the Basic Law of the Hong Kong Special Administrative Region of the People’s Republic of China (Adopted at the Thirtieth Meeting of the Standing Committee of the Twelfth National People’s Congress on 4 November 2017) ........... 125 Instrument 5 Decision of the Standing Committee of the National People’s Congress on the Addition to the List of National Laws in Annex III to the Basic Law of the Hong Kong Special Administrative Region of the People’s Republic of China (Adopted at the Twentieth Session of the Standing Committee of the Thirteenth National People’s Congress on 30 June 2020) ................................................ 126 Designs of the Regional Flag and Regional Emblem of the Hong Kong Special Administrative Region ................................................................... 127 Instrument 6 Explanations on “The Basic Law of the Hong Kong Special Administrative Region of the People’s Republic of China (Draft)” and Its Related Documents (Addressing the Third Session of the Seventh National People’s Congress on 28 March 1990) .............................. 128 Instrument 7 Decision of the National People’s Congress on the Basic Law of the Hong Kong Special Administrative Region of the People’s Republic of China (Adopted at the Third Session of the Seventh National People’s Congress on 4 April 1990) ..................................................................... 146 Instrument 8 Decision of the National People’s Congress on the Establishment of the Hong Kong Special Administrative Region (Adopted at the Third Session of the Seventh National People’s Congress on 4 April 1990) .................... 147 Instrument 9 Order of the State Council of the People’s Republic of China No. 221 .................................................................. 148 Instrument 10 Decision of the National People’s Congress on the Method for the Formation of the First Government and the First Legislative Council of the Hong Kong Special Administrative Region (Adopted at the Third Session of the Seventh National People’s Congress on 4 April 1990) ................................................................................. 155 Instrument 11 Decision of the National People’s Congress Approving the Proposal by the Drafting Committee for the Basic Law of the Hong Kong Special Administrative Region on the Establishment of the Committee for the Basic Law of the Hong Kong Special Administrative Region under the Standing Committee of the National People’s Congress (Adopted at the Third Session of the Seventh National People’s Congress on 4 April 1990) .................... 158 Instrument 12 Decision of the Standing Committee of the National People’s Congress on the English Text of the Basic Law of the Hong Kong Special Administrative Region of the People’s Republic of China (Adopted on 28 June 1990) ... 160 Instrument 13 Explanations of Some Questions by the Standing Committee of the National People’s Congress Concerning the Implementation of the Nationality Law of the People’s Republic of China in the Hong Kong Special Administrative Region (Adopted at the Nineteenth Session of the Standing Committee of the Eighth National People’s Congress on 15 May 1996) ..... 161 Instrument 14 Decision of the Standing Committee of the National People’s Congress on Treatment of the Laws Previously in Force in Hong Kong in Accordance with Article 160 of the Basic Law of the Hong Kong Special Administrative Region of the People’s Republic of China (Adopted at the Twenty Fourth Session of the Standing Committee of the Eighth National People’s Congress on 23 February 1997) ................................................................................
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