Provisions of the People's Republic of China (PRC) Government on the basic policies of Hong Kong
Provisions of the People's Republic of China (PRC) Government on the basic policies of the People's Republic of China (PRC) SAR are set out in the third paragraph of the Joint Statement of the Governments of People's Republic of China (PRC) and the United Kingdom of Great Britain and Northern Ireland. * * * People's Republic of China (PRC)'s basic policies towards Hong Kong are as follows:
1
Article 31 of the Constitution of People's Republic of China (PRC) stipulates: "The state may establish special administrative regions when necessary. The system to be implemented in the Special Administrative Region shall be formulated by the National People's Congress according to specific conditions. ". Accordingly, on July 1, 1997, People's Republic of China (PRC) resumed the exercise of sovereignty over Hong Kong and established the People's Republic of China (PRC) Special Administrative Region.
The People's Republic of China (PRC) Special Administrative Region is directly administered by the Central People's Government and enjoys a high degree of autonomy. The Hong Kong Special Administrative Region enjoys executive, legislative and independent judicial power, including that of final adjudication, but foreign and national defense affairs are managed by the Central People's Government. The Central People's Government authorizes the Hong Kong Special Administrative Region to handle the foreign affairs specified in Section XI of this Annex on its own.
The government and legislature of the Hong Kong Special Administrative Region are composed of local people. The Chief Executive of the Hong Kong Special Administrative Region is selected locally through elections or consultations and appointed by the Central People's Government. Principal officials of the Government of the Hong Kong Special Administrative Region (equivalent to the rank of "Director") are nominated by the Chief Executive of the Hong Kong Special Administrative Region and reported to the Central People's Government for appointment. The legislature of the Hong Kong Special Administrative Region shall be elected. The administrative organs must abide by the law and be responsible to the legislature.
The government organs and courts of the Hong Kong Special Administrative Region may use English in addition to Chinese.
In addition to the National Flag of the People's Republic of China and the national emblem, the Hong Kong Special Administrative Region may use its regional flag and emblem.
II.
After the establishment of the Hong Kong Special Administrative Region, the laws previously in force in Hong Kong (that is, common law and equity, regulations, subordinate legislation and customary law) shall be maintained, except those that contravene the basic law or are amended by the legislature of the Hong Kong Special Administrative Region.
The legislative power of the Hong Kong Special Administrative Region belongs to the legislature of the Region. The legislature may enact laws in accordance with the provisions of the Basic Law and legal procedures and report them to the NPC Standing Committee, the People's Republic of China for the record. Laws enacted by the legislature are valid if they conform to the Basic Law and legal procedures.
The Basic Law, the laws previously in force in Hong Kong and the laws enacted by the legislature of the Hong Kong Special Administrative Region shall apply to the Hong Kong Special Administrative Region.
3
After the establishment of the Hong Kong Special Administrative Region, Hong Kong's previous judicial system will be maintained, except for changes due to the exercise of the power of final adjudication by the courts of the Region.
The judicial power of the Hong Kong Special Administrative Region belongs to the courts of the Region. The courts operate independently without any interference. Judicial personnel are not responsible for their actions in performing judicial duties. The courts shall try cases in accordance with the laws of the Hong Kong Special Administrative Region, and may also refer to the judicial precedents of other common law jurisdictions.
Judges of the courts of the Hong Kong Special Administrative Region shall be appointed by the Chief Executive on the recommendation of an independent committee composed of local judges, legal professionals and other celebrities. Judges are selected according to their judicial ability and can be employed from other common law jurisdictions. Only when a judge is unable to perform his duties or misbehaves can the Chief Executive remove him on the recommendation of a court composed of not less than three local judges appointed by the Chief Justice of the Court of Final Appeal. The appointment and removal of the Chief Justice (that is, the highest-ranking judge) shall also be made by the Chief Executive with the consent of the legislature of the Hong Kong Special Administrative Region and reported to the NPC Standing Committee for the record. The appointment and removal system for judicial personnel other than judges will continue to be implemented.
The power of final adjudication in the Hong Kong Special Administrative Region belongs to the Court of Final Appeal of the Region. The CFA may, if necessary, invite judges from other common law jurisdictions to participate in the trial.
the procuratorate of the hong kong special administrative region has the right to conduct criminal prosecution without any interference.
The Government of the Hong Kong Special Administrative Region may make reference to the previous practice in Hong Kong and formulate regulations for local and foreign lawyers to work and practice in the Hong Kong Special Administrative Region.
The Central People's Government assists or authorizes the Government of the Hong Kong Special Administrative Region to make appropriate arrangements for mutual legal assistance with foreign countries.
IV.
After the establishment of the Hong Kong Special Administrative Region, civil servants and judicial officers of the former Hong Kong government departments (including the police department) can remain in employment and continue to work, and their salaries, allowances, welfare benefits and conditions of service are not lower than the original provisions. The Government of the Hong Kong Special Administrative Region shall pay pensions, pensions, allowances and benefits to those who have retired or left their jobs, including those who retired before July 1, 1997, regardless of their nationality or place of residence, at no less than the original standards.
The Government of the Hong Kong Special Administrative Region may appoint British nationals and other foreigners who were former Hong Kong civil servants or holders of permanent identity cards of the Hong Kong Special Administrative Region to serve as civil servants at all levels of government, with the exception of directors of major government departments and deputy directors of certain major government departments. The government of the Hong Kong Special Administrative Region may also appoint foreigners and other foreigners to serve as civil servants at all levels of the government. The Government of the Hong Kong Special Administrative Region may also employ British and other foreigners as consultants in government departments, and may recruit qualified people from outside the Hong Kong Special Administrative Region to hold professional and technical posts in government departments as necessary. The above-mentioned personnel are employed only in their personal capacity and are responsible to the government of the Hong Kong Special Administrative Region like other civil servants.
public servants should be appointed and promoted according to their qualifications, experience and ability. Hong Kong's previous system on the recruitment, employment, assessment, discipline, training and management of public servants (including specialized agencies responsible for the appointment, wages and conditions of service of public servants) shall be maintained, except for the provisions on granting privileges to foreigners.
5
The Hong Kong Special Administrative Region manages its finances on its own, including controlling its financial resources and drawing up its budget and final accounts. The budget and final accounts of the Hong Kong Special Administrative Region shall be submitted to the Central People's Government for the record.
The Central People's Government does not levy taxes on the Hong Kong Special Administrative Region. All the fiscal revenue of the Hong Kong Special Administrative Region is used for its own needs and will not be turned over to the Central People's Government. The system that taxes and public expenditures must be approved by the legislature, public expenditures are accountable to the legislature and public accounts are audited should be maintained.
VI.
The Hong Kong Special Administrative Region shall maintain Hong Kong's previous capitalist economic and trade systems. The government of the Hong Kong Special Administrative Region shall formulate its own economic and trade policies. Article 119 The ownership of property, including the right to acquire, use, dispose of and inherit, and the right to compensation after the property is requisitioned according to law, should be equivalent to the actual value of the property, and should be freely convertible and paid without undue delay. These rights continue to be protected by law. Article 119 The Hong Kong Special Administrative Region shall maintain its status as a free port and continue to implement its own trade policy, including the free circulation of goods and capital. The Hong Kong Special Administrative Region may independently maintain and develop economic and trade relations with all countries and regions.
The Hong Kong Special Administrative Region is a separate customs territory. The Hong Kong Special Administrative Region may participate in relevant international organizations and international trade agreements, including preferential trade arrangements, such as the General Agreement on Tariffs and Trade and international textile trade arrangements. Export quotas, tariff preferences and other similar arrangements concluded by the Hong Kong Special Administrative Region shall be enjoyed by the Region. The Hong Kong Special Administrative Region has the right to issue certificates of origin for locally produced products in accordance with the existing rules of origin.
The Hong Kong Special Administrative Region may, when necessary, establish official or semi-official economic and trade institutions in foreign countries and report them to the Central People's Government for the record.
VII.
The Hong Kong Special Administrative Region maintains its status as an international financial center. The monetary and financial systems previously practiced in Hong Kong, including the management and supervision of deposit institutions and financial markets, shall be maintained.
the government of the hong kong special administrative region may formulate monetary and financial policies on its own to ensure the freedom of financial enterprises to operate and the freedom of funds to enter and leave the region. The Hong Kong Special Administrative Region does not implement foreign exchange control policies. The foreign exchange market, gold market, securities market and futures market will continue to be open.
The Hong Kong dollar continues to circulate and be freely convertible as the local legal tender. The right to issue Hong Kong dollars belongs to the Government of the Hong Kong Special Administrative Region. The government of the Hong Kong Special Administrative Region may authorize designated banks to issue or continue to issue Hong Kong dollars within their legal rights if it considers that the issuance foundation of Hong Kong dollars is solid and the issuing arrangements are in line with the purpose of maintaining the stability of Hong Kong dollars. Any Hong Kong dollar with a logo inconsistent with the status of People's Republic of China (PRC) Special Administrative Region and People's Republic of China (PRC) will be gradually replaced and stopped circulating.
The Exchange Fund is managed and controlled by the Government of the Hong Kong Special Administrative Region and is mainly used to adjust the exchange rate of the Hong Kong dollar.
VIII.
The Hong Kong Special Administrative Region shall maintain Hong Kong's previous shipping operation and management systems, including those relating to seafarers. The Government of the Hong Kong Special Administrative Region may, on its own, determine the specific functions and responsibilities in shipping. Private shipping and shipping-related enterprises and private container terminals in Hong Kong can continue to operate freely.
authorized by the central people's government, the China special administrative region continues to register ships and issue relevant certificates in accordance with the law in the name of "and Hong Kong".
Except for foreign military vessels that need special approval from the Central People's Government to enter the Hong Kong Special Administrative Region, other vessels may enter and leave the ports of the Hong Kong Special Administrative Region in accordance with the laws of the Region.