- published: 30 Jul 2015
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The Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China, or simply Hong Kong Basic Law, serves as the constitutional document of the Hong Kong Special Administrative Region (HKSAR) of the People's Republic of China (PRC). The leading document in the law of Hong Kong, it was adopted on 4 April 1990 by the Seventh National People's Congress (NPC) of the People's Republic of China, and went into effect on 1 July 1997 (replacing the Letters Patent and the Royal Instructions) when this former colony of United Kingdom was handed over to the PRC.
The Basic Law was drafted in accordance with the Sino-British Joint Declaration on the Question of Hong Kong (The Joint Declaration), signed between the Chinese and British governments on 19 December 1984. The Basic Law stipulates the basic policies of the PRC towards the Hong Kong Special Administrative Region. As agreed between the PRC and the United Kingdom in the Joint Declaration, in accordance with the "One Country, Two Systems" principle, socialism as practised in the PRC would not be extended to Hong Kong. Instead, Hong Kong would continue its previous capitalist system and its way of life for a period of 50 years after 1997. A number of freedoms and rights of the Hong Kong residents are also protected under the Basic Law.
Coordinates: 22°16′42″N 114°09′32″E / 22.27833°N 114.15889°E / 22.27833; 114.15889
Hong Kong (Chinese: 香港) is one of two special administrative regions (SARs) of the People's Republic of China (PRC), the other being Macau. A city-state situated on China's south coast and enclosed by the Pearl River Delta and South China Sea, it is known for its expansive skyline and deep natural harbour. With a land mass of 1,104 km2 (426 sq mi) and a population of seven million people, Hong Kong is one of the most densely populated areas in the world. Hong Kong's population is 95 percent ethnic Chinese and 5 percent from other groups. Hong Kong's Han Chinese majority originate mainly from the cities of Guangzhou and Taishan in the neighbouring Guangdong province.
Hong Kong became a colony of the British Empire after the First Opium War (1839–42). Originally confined to Hong Kong Island, the colony's boundaries were extended in stages to the Kowloon Peninsula in 1860 and then the New Territories in 1898. It was occupied by Japan during the Pacific War, after which the British resumed control until 1997, when China resumed sovereignty. The region espoused minimum government intervention under the ethos of positive non-interventionism during the colonial era. The time period greatly influenced the current culture of Hong Kong, often described as "East meets West", and the educational system, which used to loosely follow the system in England until reforms implemented in 2009.
The term basic law is used in some places as an alternative to "constitution", implying it is a temporary but necessary measure without formal enactment of constitution. A basic law is either a codified constitution, or in countries with uncodified constitutions, a law given to have constitution powers and effect. The name is usually used to imply an interim or transitory nature, or avoid attempting a claim to being "the highest law", often for religious reasons. In West Germany the term basic law (Grundgesetz) was used to indicate that the basic law was provisional until the ultimate reunification of Germany. When Germany was reunified in 1990, no new constitution was adopted and instead the basic law was adopted throughout the entire German territory. Basic law is entrenched in that it overrides ordinary 'statute law' passed by the legislature.
The special administrative regions of the People's Republic of China, namely Hong Kong and Macau, have basic laws as their constitutional documents. The basic laws are the highest authority, respectively, in the regions, while the rights of amendment and interpretation rest with the Standing Committee of the National People's Congress of the People's Republic of China.