A Monthly Roundup of News and Events in Hong Kong
January 2008 - February 2008  

basic law



The Basic Law (BL) is the constitutional document of the Hong Kong Special Administrative Region (HKSAR). It enshrines within a legal document the important concepts of “One Country, Two Systems.” Under this principle, socialist policies of mainland China are not practiced in Hong Kong.

The Basic Law provides the guarantees to maintain Hong Kong’s existing way of life, including socioeconomic development, the rights and duties of Hong Kong people, the rule of law and other areas.

The Basic Law was put into effect July 1, 1997. 

Q1: Have the laws previously in force in Hong Kong been maintained?

A1: The Basic Law provides that laws previously in force in Hong Kong, that is, the common law, rules of equity, ordinances, subordinate legislation and customary law, shall be maintained and adopted as laws of the HKSAR, except for any that contravene the Basic Law and subject to any amendment by the HKSAR legislature. (BL Article 8; 160)

Q2: Are Mainland laws applicable to Hong Kong?

A2: Only 11 national laws, all of which concern matters outside the limits of the HKSAR’s autonomy, apply in Hong Kong. The 11 national laws include resolutions and laws on the capital, calendar, national anthem, national flag, territorial sea, garrisoning, consular privileges and immunities. (BL Article 18; Annex III)

 



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ã 2008, Hong Kong Economic & Trade Office in New York