On 1 July 1997, Hong Kong entered into a new era as a Special Administrative Region of the People's Republic of China. The guiding principles of "One Country, Two Systems", "Hong Kong people ruling Hong Kong" and "a high degree of autonomy" form the cornerstones of the Joint Declaration and the Basic Law. They also form the framework within which Hong Kong is to conduct its affairs, define its relationship with the Central People's Government, and develop its representative institutions. I have much pleasure in presenting this Policy Programme which sets out the roles and commitments of the Constitutional Affairs Bureau in these broad areas. In the coming year and beyond, my colleagues and I will do our very best to carry out the commitments in this document, and to contribute to Hong Kong's continued stability and prosperity into the next millennium.
I hope you will find this document worthwhile. If you have any comments, I will be delighted to hear them.
(Michael M Y Suen)
Secretary for Constitutional Affairs
The Hong Kong Special Administrative Region (HKSAR) Government is committed to ensuring that it is open and fully accountable to the people of Hong Kong. Policies, aims and programmes must be clear to all so that the Government can be accountable for their delivery. With greater clarity of purpose and accessibility, the public can better assess our performance and help us improve our quality of service.
The Policy Programmes, which underpin the Policy Address delivered by the Chief Executive in October 1997, explain the objectives and ongoing work of each Policy Bureau and its supporting departments, as well as Department of Justice, Office of the Judiciary Administrator, Independent Commission Against Corruption and the Administration Wing of the Chief Secretary for Administration's Office, and their proposed new commitments for the coming year. They are set out in three sections:
The Constitutional Affairs Bureau's objectives are to ensure:
We shall seek to achieve these objectives by:
Apart from co-ordinating the efforts by individual policy bureaux and departments to implement the Basic Law, the Constitutional Affairs Bureau is also responsible for implementation of some of the policies for which the Basic Law has laid down requirements. These include relations between the Central Authorities and the HKSAR, liaison with the Central People's Government and other mainland authorities, and development of representative institutions. A list of the relevant articles of the Basic Law is at Annex. The policy objectives stated above fully comply with these Basic Law requirements.
The Constitutional Affairs Bureau is responsible for three main programme areas:
To ensure full and faithful implementation of the Joint Declaration and the Basic Law.
The Constitutional Affairs Bureau has been responsible for the co-ordination of matters relating to the transition, and will take on the role of co-ordinating matters to do with relations between the Central Authority and the HKSAR. The Bureau will provide advice to assist the work of other policy bureaux in the implementation of the Joint Declaration and the Basic Law.
Since 1985, we have coordinated input into the Sino-British Joint Liaison Group and contributed towards the full and faithful implementation of the Joint Declaration. Agreements were reached on a wide range of issues in the following areas:
Together, these agreements have provided a firm foundation for a successful transition.
The aims of the Bureau are:
We have strengthened our liaison and contacts with the mainland authorities over the last 12 months. Our liaison with Guangdong Province, in particular, has resulted in better co-ordination and co-operation on many cross-boundary issues. Major examples are the effective co-ordination on the arrest of illegal immigrants, completion of the Shenzhen River Regulation Project Stage I, and the agreement reached on the boundary of administration between Hong Kong and Guangdong.
We have played an active co-ordinating role in organising official visits to and from the Mainland. We will continue with this work.
In 1996-97, we organised:
In addition, we provided advice and assistance to a large number of visits organised by other policy bureaux and departments.
To ensure that arrangements for the elections of the three-tier representative institutions are open, fair, honest and acceptable to the community.
The Constitutional Affairs Bureau is responsible for the establishment of an electoral system that is open, fair, honest and acceptable to the community, through which members of the HKSAR's representative institutions can be elected.
It is important to ensure that Hong Kong as a Special Administrative Region of the People's Republic of China will continue to prosper in the 21st century and beyond under the "One Country, Two Systems" principle.
In particular, it is essential to ensure the full and faithful implementation of the Joint Declaration and the Basic Law which provide the sound basis for the development of Hong Kong. It is also imperative to develop and maintain a constructive relationship between the Mainland and the HKSAR which is mutually beneficial and which is commensurate with the high degree of autonomy for the Special Administrative Region stipulated in the Joint Declaration and the Basic Law.
We shall also work to ensure that the elections to be held by the HKSAR Government are open, fair, honest and acceptable to the community and fully comply with the Basic Law. The Basic Law has set out the blueprint for the gradual and orderly progress of our representative institutions; the ultimate aim is the election of all the members of the Legislative Council by universal suffrage.
Chapter I : General Principles
Article 2
The National People's Congress authorizes the Hong Kong Special Administrative Region to exercise a high degree of autonomy and enjoy executive, legislative and independent judicial power, including that of final adjudication, in accordance with the provisions of this Law.
Article 3
The executive authorities and legislature of the Hong Kong Special Administrative Region shall be composed of permanent residents of Hong Kong in accordance with the relevant provisions of this Law.
Chapter II: Relationship between the Central Authorities and the Hong Kong Special Administrative Region
Article 12
The Hong Kong Special Administrative Region shall be a local administrative region of the People's Republic of China, which shall enjoy a high degree of autonomy and come directly under the Central People's Government.
Article 13
The Central People's Government shall be responsible for the foreign affairs relating to the Hong Kong Special Administrative Region.
The Ministry of Foreign Affairs of the People's Republic of China shall establish an office in Hong Kong to deal with foreign affairs.
The Central People's Government authorizes the Hong Kong Special Administrative Region to conduct relevant external affairs on its own in accordance with this Law.
Article 17
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If the Standing Committee of the National People's Congress, after consulting the Committee for the Basic Law of the Hong Kong Special Administrative Region under it, considers that any law enacted by the legislature of the Region is not in conformity with the provisions of this Law regarding affairs within the responsibility of the Central Authorities or regarding the relationship between the Central Authorities and the Region, the Standing Committee may return the law in question but shall not amend it. Any law returned by the Standing Committee of the National People's Congress shall immediately be invalidated. This invalidation shall not have retroactive effect, unless otherwise provided for in the laws of the Region.
Article 18
The laws in force in the Hong Kong Special Administrative Region shall be this Law, the laws previously in force in Hong Kong as provided for in Article 8 of this Law, and the laws enacted by the legislature of the Region.
National laws shall not be applied in the Hong Kong Special Administrative Region except for those listed in Annex III to this Law. The laws listed therein shall be applied locally by way of promulgation or legislation by the Region.
The Standing Committee of the National People's Congress may add to or delete from the list of laws in Annex III after consulting its Committee for the Basic Law of the Hong Kong Special Administrative Region and the government of the Region. Laws listed in Annex III to this Law shall be confined to those relating to defence and foreign affairs as well as other matters outside the limits of the autonomy of the Region as specified by this Law.
In the event that the Standing Committee of the National People's Congress decides to declare a state of war or, by reason of turmoil within the Hong Kong Special Administrative Region which endangers national unity or security and is beyond the control of the government of the Region, decides that the Region is in a state of emergency, the Central People's Government may issue an order applying the relevant national laws in the Region.
Article 22
No department of the Central People's Government and no province, autonomous region, or municipality directly under the Central Government may interfere in the affairs which the Hong Kong Special Administrative Region administers on its own in accordance with this Law.
If there is a need for departments of the Central Government, or for provinces, autonomous regions, or municipalities directly under the Central Government to set up offices in the Hong Kong Special Administrative Region, they must obtain the consent of the government of the Region and the approval of the Central People's Government.
All offices set up in the Hong Kong Special Administrative Region by departments of the Central People's Government, or by provinces, autonomous regions, or municipalities directly under the Central Government, and the personnel of these offices shall abide by the laws of the Region.
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The Hong Kong Special Administrative Region may establish an office in Beijing.
Chapter III : Fundamental Rights and Duties of the Residents
Article 26
Permanent residents of the Hong Kong Special Administrative Region shall have the right to vote and the right to stand for election in accordance with law.
Chapter IV : Political Structure
Section 1 : The Chief Executive
Article 45
The Chief Executive of the Hong Kong Special Administrative Region shall be selected by election or through consultations held locally and be appointed by the Central People's Government.
The method for selecting the Chief Executive 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 selection of the Chief Executive by universal suffrage upon nomination by a broadly representative nominating committee in accordance with democratic procedures.
The specific method for selecting the Chief Executive is prescribed in Annex I: "Method for the Selection of the Chief Executive of the Hong Kong Special Administrative Region".
Article 48
The Chief Executive of the Hong Kong Special Administrative Region shall exercise the following powers and functions:
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| (9) | To conduct, on behalf of the Government of the Hong Kong Special Administrative Region, external affairs and other affairs as authorized by the Central Authorities; |
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Section 2 : The Executive Authorities
Article 62
The Government of the Hong Kong Special Administrative Region shall exercise the following powers and functions:
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| (3) | To conduct external affairs as authorized by the Central People's Government under this Law; |
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Section 3 : The Legislature
Article 67
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 percent of the total membership of the Council.
Article 68
The Legislative Council of the Hong Kong Special Administrative Region shall be constituted by election.
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.
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.
Section 4 : The Judiciary
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 98
The powers and functions of the district organizations and the method for their formation shall be prescribed by law.
Chapter VII : External Affairs
Article 150
Representatives of the Government of the Hong Kong Special Administrative Region 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.
Article 151
The Hong Kong Special Administrative Region may on its own, using the name "Hong Kong, China", maintain and develop relations and conclude and implement agreements with foreign states and regions and relevant international organizations in the appropriate fields, including the economic, trade, financial and monetary, shipping, communications, tourism, cultural and sports fields.
Article 152
Representatives of the Government of the Hong Kong Special Administrative Region may, as members of delegations of the People's Republic of China, participate in international organizations or conferences in appropriate fields limited to states and affecting the Region, or may attend in such other capacity as may be permitted by the Central People's Government and the international organization or conference concerned, and may express their views, using the name "Hong Kong, China".
The Hong Kong Special Administrative Region may, using the name "Hong Kong, China", participate in international organizations and conferences not limited to states.
The Central People's Government shall take the necessary steps to ensure that the Hong Kong Special Administrative Region shall continue to retain its status in an appropriate capacity in those international organizations of which the People's Republic of China is a member and in which Hong Kong participates in one capacity or another.
The Central People's Government shall, where necessary, facilitate the continued participation of the Hong Kong Special Administrative Region in an appropriate capacity in those international organizations in which Hong Kong is a participant in one capacity or another, but of which the People's Republic of China is not a member.
Article 153
The application to the Hong Kong Special Administrative Region of international agreements to which the People's Republic of China is or becomes a party shall be decided by the Central People's Government, in accordance with the circumstances and needs of the Region, and after seeking the views of the government of the Region.
International agreements to which the People's Republic of China is not a party but which are implemented in Hong Kong may continue to be implemented in the Hong Kong Special Administrative Region. The Central People's Government shall, as necessary, authorize or assist the government of the Region to make appropriate arrangements for the application to the Region of other relevant international agreements.
Article 156
The Hong Kong Special Administrative Region may, as necessary, establish official or semi-official economic and trade missions in foreign countries and shall report the establishment of such missions to the Central People's Government for the record.
Article 157
The establishment of foreign consular and other official or semi-official missions in the Hong Kong Special Administrative Region shall require the approval of the Central People's Government.
Consular and other official missions established in Hong Kong by states which have formal diplomatic relations with the People's Republic of China may be maintained.
According to the circumstances of each case, consular and other official missions established in Hong Kong by states which have no formal diplomatic relations with the People's Republic of China may be permitted either to remain or be changed to semi-official missions.
States not recognized by the People's Republic of China may only establish non-governmental institutions in the Region.
Chapter VIII: Interpretation and Amendment of the Basic Law
Article 159
The power of amendment of this Law shall be vested in the National People's Congress.
The power to propose bills for amendments to this Law shall be vested in the Standing Committee of the National People's Congress, the State Council and the Hong Kong Special Administrative Region. Amendment bills from the Hong Kong Special Administrative Region shall be submitted to the National People's Congress by the delegation of the Region to the National People's Congress after obtaining the consent of two-thirds of the deputies of the Region to the National People's Congress, two-thirds of all the members of the Legislative Council of the Region, and the Chief Executive of the Region.
Before a bill for amendment to this Law is put on the agenda of the National People's Congress, the Committee for the Basic Law of the Hong Kong Special Administrative Region shall study it and submit its views.
No amendment to this Law shall contravene the established basic policies of the People's Republic of China regarding Hong Kong.
Article 160
Upon the establishment of the Hong Kong Special Administrative Region, the laws previously in force in Hong Kong shall be adopted as laws of the Region except for those which the Standing Committee of the National People's Congress declares to be in contravention of this Law. If any laws are later discovered to be in contravention of this Law, they shall be amended or cease to have force in accordance with the procedure as prescribed by this Law.
Documents, certificates, contracts, and rights and obligations valid under the laws previously in force in Hong Kong shall continue to be valid and be recognized and protected by the Hong Kong Special Administrative Region, provided that they do not contravene this Law.
Note
In addition, all Bureaux/Departments, as well as Department of Justice, Office of the Judiciary Administrator, Independent Commission Against Corruption and the Administration Wing of the Chief Secretary for Administration's Office, have joint responsibility for the implementation of the following articles :
Articles 11 (first paragraph), 16, 56 (second paragraph), 62(1) and (2), 64, 142, 148, 149, 150, 151, 152 and 153.
Policy Programme