| Article
24
Residents of the Hong Kong Special
Administrative Region ("Hong Kong residents") shall include permanent residents
and non-permanent residents.
The permanent residents of the Hong Kong Special
Administrative Region shall be:
| ( 1 ) |
Chinese citizens
born in Hong Kong before or after the establishment of the Hong Kong Special
Administrative Region; |
| ( 2 ) |
Chinese citizens who
have ordinarily resided in Hong Kong for a continuous period of not less than seven years
before or after the establishment of the Hong Kong Special Administrative Region; |
| ( 3 ) |
Persons of Chinese
nationality born outside Hong Kong of those residents listed in categories (1) and (2); |
| ( 4 ) |
Persons not of
Chinese nationality who have entered Hong Kong with valid travel documents, have
ordinarily resided in Hong Kong for a continuous period of not less than seven years and
have taken Hong Kong as their place of permanent residence before or after the
establishment of the Hong Kong Special Administrative Region; |
| ( 5 ) |
Persons under 21
years of age born in Hong Kong of those residents listed in category (4) before or after
the establishment of the Hong Kong Special Administrative Region; and |
| ( 6 ) |
Persons other than
those residents listed in categories (1) to (5), who, before the establishment of the Hong
Kong Special Administrative Region, had the right of abode in Hong Kong only. |
The above-mentioned residents shall have the right of abode
in the Hong Kong Special Administrative Region and shall be qualified to obtain, in
accordance with the laws of the Region, permanent identity cards which state their right
of abode.
The non-permanent residents of the Hong Kong Special
Administrative Region shall be persons who are qualified to obtain Hong Kong identity
cards in accordance with the laws of the Region but have no right of abode.
Article 25
All Hong Kong residents shall be equal before the law.
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.
Article 27
Hong Kong residents shall have freedom of speech, of the
press and of publication; freedom of association, of assembly, of procession and of
demonstration; and the right and freedom to form and join trade unions, and to strike.
Article 28
The freedom of the person of Hong Kong residents shall be
inviolable.
No Hong Kong resident shall be subjected to arbitrary or
unlawful arrest, detention or imprisonment. Arbitrary or unlawful search of the body of
any resident or deprivation or restriction of the freedom of the person shall be
prohibited. Torture of any resident or arbitrary or unlawful deprivation of the life of
any resident shall be prohibited.
Article 29
The homes and other premises of Hong Kong residents shall
be inviolable. Arbitrary or unlawful search of, or intrusion into, a resident's home or
other premises shall be prohibited.
Article 30
The freedom and privacy of communication of Hong Kong
residents shall be protected by law. No department or individual may, on any grounds,
infringe upon the freedom and privacy of communication of residents except that the
relevant authorities may inspect communication in accordance with legal procedures to meet
the needs of public security or of investigation into criminal offences.
Article 31
Hong Kong residents shall have freedom of movement within
the Hong Kong Special Administrative Region and freedom of emigration to other countries
and regions. They shall have freedom to travel and to enter or leave the Region. Unless
restrained by law, holders of valid travel documents shall be free to leave the Region
without special authorization.
Article 32
Hong Kong residents shall have freedom of conscience.
Hong Kong residents shall have freedom of religious belief
and freedom to preach and to conduct and participate in religious activities in public.
Article 33
Hong Kong residents shall have freedom of choice of
occupation.
Article 34
Hong Kong residents shall have freedom to engage in
academic research, literary and artistic creation, and other cultural activities.
Article 35
Hong Kong residents shall have the right to confidential
legal advice, access to the courts, choice of lawyers for timely protection of their
lawful rights and interests or for representation in the courts, and to judicial remedies.
Hong Kong residents shall have the right to institute legal
proceedings in the courts against the acts of the executive authorities and their
personnel.
Article 36
Hong Kong residents shall have the right to social welfare
in accordance with law. The welfare benefits and retirement security of the labour force
shall be protected by law.
Article 37
The freedom of marriage of Hong Kong residents and their
right to raise a family freely shall be protected by law.
Article 38
Hong Kong residents shall enjoy the other rights and
freedoms safeguarded by the laws of the Hong Kong Special Administrative Region.
Article 39
The provisions of the International Covenant on Civil and
Political Rights, the International Covenant on Economic, Social and Cultural Rights, and
international labour conventions as applied to Hong Kong shall remain in force and shall
be implemented through the laws of the Hong Kong Special Administrative Region.
The rights and freedoms enjoyed by Hong Kong residents
shall not be restricted unless as prescribed by law. Such restrictions shall not
contravene the provisions of the preceding paragraph of this Article.
Article 40
The lawful traditional rights and interests of the
indigenous inhabitants of the "New Territories" shall be protected by the Hong
Kong Special Administrative Region.
Article 41
Persons in the Hong Kong Special Administrative Region
other than Hong Kong residents shall, in accordance with law, enjoy the rights and
freedoms of Hong Kong residents prescribed in this Chapter.
Article 42
Hong Kong residents and other persons in Hong Kong shall
have the obligation to abide by the laws in force in the Hong Kong Special Administrative
Region.
|
