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Chapter IV : Political Structure
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Section 1 : The Chief Executive
Article 43
The Chief Executive of the Hong Kong Special Administrative
Region shall be the head of the Hong Kong Special Administrative Region and shall
represent the Region.
The Chief Executive of the Hong Kong Special Administrative
Region shall be accountable to the Central People's Government and the Hong Kong Special
Administrative Region in accordance with the provisions of this law.
Article 44
The Chief Executive of the Hong Kong Special Administrative
Region shall be a Chinese citizen of not less than 40 years of age who is a permanent
resident of the Region with no right of abode in any foreign country and has ordinarily
resided in Hong Kong for a continuous period of not less than 20 years.
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 46
The term of office of the Chief Executive of the Hong Kong
Special Administrative Region shall be five years. He or she may serve for not more than
two consecutive terms.
Article 47
The Chief Executive of the Hong Kong
Special Administrative Region must be a person of integrity, dedicated to his or her
duties.
The Chief Executive, on assuming office, shall declare his
or her assets to the Chief Justice of the Court of Final Appeal of the Hong Kong Special
Administrative Region. This declaration shall be put on record.
Article 48
The Chief Executive of the Hong Kong Special Administrative
Region shall exercise the following powers and functions:
| ( 1 ) |
To lead the
government of the Region; |
| ( 2 ) |
To be responsible
for the implementation of this Law and other laws which, in accordance with this Law,
apply in the Hong Kong Special Administrative Region; |
| ( 3 ) |
To sign bills passed
by the Legislative Council and to promulgate laws; To
sign budgets passed by the Legislative Council and report the budgets and final accounts
to the Central People's Government for the record; |
| ( 4 ) |
To decide on
government policies and to issue executive orders; |
| ( 5 ) |
To nominate and to
report to the Central People's Government for appointment the following principal
officials: Secretaries and Deputy Secretaries of Departments, Directors of Bureaux,
Commissioner Against Corruption, Director of Audit, Commissioner of Police, Director of
Immigration and Commissioner of Customs and Excise; and to recommend to the Central
People's Government the removal of the above-mentioned officials; |
| ( 6 ) |
To appoint or remove
judges of the courts at all levels in accordance with legal procedures; |
| ( 7 ) |
To appoint or remove
holders of public office in accordance with legal procedures; |
| ( 8 ) |
To implement the
directives issued by the Central People's Government in respect of the relevant matters
provided for in this Law; |
| ( 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; |
| ( 10 ) |
To approve the
introduction of motions regarding revenues or expenditure to the Legislative Council; |
| ( 11 ) |
To decide, in the
light of security and vital public interests, whether government officials or other
personnel in charge of government affairs should testify or give evidence before the
Legislative Council or its committees; |
| ( 12 ) |
To pardon persons
convicted of criminal offences or commute their penalties; and |
| ( 13 ) |
To handle petitions
and complaints. |
Article 49
If the Chief Executive of the Hong Kong Special
Administrative Region considers that a bill passed by the Legislative Council is not
compatible with the overall interests of the Region, he or she may return it to the
Legislative Council within three months for reconsideration. If the Legislative Council
passes the original bill again by not less than a two-thirds majority of all the members,
the Chief Executive must sign and promulgate it within one month, or act in accordance
with the provisions of Article 50 of this Law.
Article 50
If the Chief Executive of the Hong
Kong Special Administrative Region refuses to sign a bill passed the second time by the
Legislative Council, or the Legislative Council refuses to pass a budget or any other
important bill introduced by the government, and if consensus still cannot be reached
after consultations, the Chief Executive may dissolve the Legislative Council.
The Chief Executive must consult the Executive Council
before dissolving the Legislative Council. The Chief Executive may dissolve the
Legislative Council only once in each term of his or her office.
Article 51
If the Legislative Council of the Hong Kong Special
Administrative Region refuses to pass the budget introduced by the government, the Chief
Executive may apply to the Legislative Council for provisional appropriations. If
appropriation of public funds cannot be approved because the Legislative Council has
already been dissolved, the Chief Executive may, prior to the election of the new
Legislative Council, approve provisional short-term appropriations according to the level
of expenditure of the previous fiscal year.
Article 52
The Chief Executive of the Hong Kong Special Administrative
Region must resign under any of the following circumstances:
| ( 1 ) |
When he or she loses
the ability to discharge his or her duties as a result of serious illness or other
reasons; |
| ( 2 ) |
When, after the
Legislative Council is dissolved because he or she twice refuses to sign a bill passed by
it, the new Legislative Council again passes by a two-thirds majority of all the members
the original bill in dispute, but he or she still refuses to sign it; and |
| ( 3 ) |
When, after the
Legislative Council is dissolved because it refuses to pass a budget or any other
important bill, the new Legislative Council still refuses to pass the original bill in
dispute. |
Article 53
If the Chief Executive of the Hong Kong Special
Administrative Region is not able to discharge his or her duties for a short period, such
duties shall temporarily be assumed by the Administrative Secretary, Financial Secretary
or Secretary of Justice in this order of precedence.
In the event that the office of Chief Executive becomes
vacant, a new Chief Executive shall be selected within six months in accordance with the
provisions of Article 45 of this Law. During the period of vacancy, his or her duties
shall be assumed according to the provisions of the preceding paragraph.
Article 54
The Executive Council of the Hong Kong Special
Administrative Region shall be an organ for assisting the Chief Executive in
policy-making.
Article 55
Members of the Executive Council of
the Hong Kong Special Administrative Region shall be appointed by the Chief Executive from
among the principal officials of the executive authorities, members of the Legislative
Council and public figures. Their appointment or removal shall be decided by the Chief
Executive. The term of office of members of the Executive Council shall not extend beyond
the expiry of the term of office of the Chief Executive who appoints them.
Members of the Executive Council of the Hong Kong Special
Administrative Region shall be Chinese citizens who are permanent residents of the Region
with no right of abode in any foreign country.
The Chief Executive may, as he or she deems necessary,
invite other persons concerned to sit in on meetings of the Council.
Article 56
The Executive Council of the Hong
Kong Special Administrative Region shall be presided over by the Chief Executive.
Except for the appointment, removal and disciplining of
officials and the adoption of measures in emergencies, the Chief Executive shall consult
the Executive Council before making important policy decisions, introducing bills to the
Legislative Council, making subordinate legislation, or dissolving the Legislative
Council.
If the Chief Executive does not accept a majority opinion
of the Executive Council, he or she shall put the specific reasons on record.
Article 57
A Commission Against Corruption shall be established in the
Hong Kong Special Administrative Region. It shall function independently and be
accountable to the Chief Executive.
Article 58
A Commission of Audit shall be established in the Hong Kong
Special Administrative Region. It shall function independently and be accountable to the
Chief Executive.
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Section 2 : The Executive Authorities
Article 59
The Government of the Hong Kong Special Administrative
Region shall be the executive authorities of the Region.
Article 60
The head of the Government of the
Hong Kong Special Administrative Region shall be the Chief Executive of the Region.
A Department of Administration, a Department of Finance, a
Department of Justice, and various bureaux, divisions and commissions shall be established
in the Government of the Hong Kong Special Administrative Region.
Article 61
The principal officials of the Hong Kong Special
Administrative Region shall be Chinese citizens who are permanent residents of the Region
with no right of abode in any foreign country and have ordinarily resided in Hong Kong for
a continuous period of not less than 15 years.
Article 62
The Government of the Hong Kong Special Administrative
Region shall exercise the following powers and functions:
| ( 1 ) |
To formulate and implement policies; |
| ( 2 ) |
To conduct administrative affairs; |
| ( 3 ) |
To conduct external affairs as authorised by
the Central People's Government under this Law; |
| ( 4 ) |
To draw up and introduce budgets and final
accounts; |
| ( 5 ) |
To draft and introduce bills, motions and
subordinate legislation; and |
| ( 6 ) |
To designate officials to sit in on the
meetings of the Legislative Council and to speak on behalf of the government. |
Article 63
The Department of Justice of the Hong Kong Special
Administrative Region shall control criminal prosecutions, free from any interference.
Article 64
The Government of the Hong Kong Special Administrative
Region must abide by the law and be accountable to the Legislative Council of the Region:
it shall implement laws passed by the Council and already in force; it shall present
regular policy addresses to the Council; it shall answer questions raised by members of
the Council; and it shall obtain approval from the Council for taxation and public
expenditure.
Article 65
The previous system of establishing advisory bodies by the
executive authorities shall be maintained.
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Section 3 : The Legislature
Article 66
The Legislative Council of the Hong Kong Special
Administrative Region shall be the legislature of the Region.
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.
Article 71
The President of the Legislative
Council of the Hong Kong Special Administrative Region shall be elected by and from among
the members of the Legislative Council.
The President of the Legislative Council of the Hong Kong
Special Administrative Region shall be a Chinese citizen of not less than 40 years of age,
who is a permanent resident of the Region with no right of abode in any foreign country
and has ordinarily resided in Hong Kong for a continuous period of not less than 20 years.
Article 72
The President of the Legislative Council of the Hong Kong
Special Administrative Region shall exercise the following powers and functions:
| ( 1 ) |
To preside over
meetings; |
| ( 2 ) |
To decide on the
agenda, giving priority to government bills for inclusion in the agenda; |
| ( 3 ) |
To decide on the
time of meetings; |
| ( 4 ) |
To call special
sessions during the recess; |
| ( 5 ) |
To call emergency
sessions on the request of the Chief Executive; and |
| ( 6 ) |
To exercise other
powers and functions as prescribed in the rules of procedure of the Legislative Council. |
Article 73
The Legislative Council of the Hong Kong Special
Administrative Region shall exercise the following powers and functions;
| ( 1 ) |
To enact, amend or
repeal laws in accordance with the provisions of this Law and legal procedures; |
| ( 2 ) |
To examine and
approve budgets introduced by the government; |
| ( 3 ) |
To approve taxation
and public expenditure; |
| ( 4 ) |
To receive and
debate the policy addresses of the Chief Executive; |
| ( 5 ) |
To raise questions
on the work of the government; |
| ( 6 ) |
To debate any issue
concerning public interests; |
| ( 7 ) |
To endorse the
appointment and removal of the judges of the Court of Final Appeal and the Chief Judge of
the High Court; |
| ( 8 ) |
To receive and
handle complaints from Hong Kong residents; |
| ( 9 ) |
If a motion
initiated jointly by one-fourth of all the members of the Legislative Council charges the
Chief Executive with serious breach of law or dereliction of duty and if he or she refuses
to resign, the Council may, after passing a motion for investigation, give a mandate to
the Chief Justice of the Court of Final Appeal to form and chair an independent
investigation committee. The committee shall be responsible for carrying out the
investigation and reporting its findings to the Council. If the committee considers the
evidence sufficient to substantiate such charges, the Council may pass a motion of
impeachment by a two-thirds majority of all its members and report it to the Central
People's Government for decision; and |
| ( 10 ) |
To summon, as
required when exercising the above-mentioned powers and functions, persons concerned to
testify or give evidence. |
Article 74
Members of the Legislative Council of the Hong Kong Special
Administrative Region may introduce bills in accordance with the provisions of this Law
and legal procedures. Bills which do not relate to public expenditure or political
structure or the operation of the government may be introduced individually or jointly by
members of the Council. The written consent of the Chief Executive shall be required
before bills relating to government polices are introduced.
Article 75
The quorum for the meeting of the
Legislative Council of the Hong Kong Special Administrative Region shall be not less than
one half of all its members.
The rules of procedure of the Legislative Council shall be
made by the Council on its own, provided that they do not contravene this Law.
Article 76
A bill passed by the Legislative council of the Hong Kong
Special Administrative Region may take effect only after it is signed and promulgated by
the Chief Executive.
Article 77
Members of the Legislative Council of the Hong Kong Special
Administrative Region shall be immune from legal action in respect of their statements at
meetings of the Council.
Article 78
Members of the Legislative Council of the Hong Kong Special
Administrative Region shall not be subjected to arrest when attending or on their way to a
meeting of the Council.
Article 79
The President of the Legislative Council of the Hong Kong
Special Administrative Region shall declare that a member of the Council is no longer
qualified for the office under any of the following circumstances:
| ( 1 ) |
When he or she loses
the ability to discharge his or her duties as a result of serious illness or other
reasons; |
| ( 2 ) |
When he or she, with
no valid reason, is absent from meetings for three consecutive months without the consent
of the President of the Legislative Council;> |
| ( 3 ) |
When he or she loses
or renounces his or her status as a permanent resident of the Region; |
| ( 4 ) |
When he or she
accepts a government appointment and becomes a public servant; |
| ( 5 ) |
When he or she is
bankrupt or fails to comply with a court order to repay debts; |
| ( 6 ) |
When he or she is
convicted and sentenced to imprisonment for one month or more for a criminal offence
committed within or outside the Region and is relieved of his or her duties by a motion
passed by two-thirds of the members of the Legislative Council present; and |
| ( 7 ) |
When he or she is
censured for misbehaviour or breach of oath by a vote of two-thirds of the members of the
Legislative Council present. |
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Section 4 : The Judiciary
Article 80
The courts of the Hong Kong Special Administrative Region
at all levels shall be the judiciary of the Region, exercising the judicial power of the
Region.
Article 81
The Court of Final Appeal, the High
Court, district courts, magistrates' courts and other special courts shall be established
in the Hong Kong Special Administrative Region. The High Court shall comprise the Court of
Appeal and the Court of First Instance.
The judicial system previously practised in Hong Kong shall
be maintained except for those changes consequent upon the establishment of the Court of
Final Appeal of the Hong Kong Special Administrative Region.
Article 82
The power of final adjudication of the Hong Kong Special
Administrative Region shall be vested in the Court of Final Appeal of the Region, which
may as required invite judges from other common law jurisdictions to sit on the Court of
Final Appeal.
Article 83
The structure, powers and functions of the courts of the
Hong Kong Special Administrative Region at all levels shall be prescribed by law.
Article 84
The courts of the Hong Kong Special Administrative Region
shall adjudicate cases in accordance with the laws applicable in the Region as prescribed
in Article 18 of this Law and may refer to precedents of other common law jurisdictions.
Article 85
The courts of the Hong Kong Special Administrative Region
shall exercise judicial power independently, free from any interference. Members of the
judiciary shall be immune from legal action in the performance of their judicial
functions.
Article 86
The principle of trial by jury previously practised in Hong
Kong shall be maintained.
Article 87
In criminal or civil proceedings in
the Hong Kong Special Administrative Region, the principles previously applied in Hong
Kong and the rights previously enjoyed by parties to proceedings shall be maintained.
Anyone who is lawfully arrested shall have the right to a
fair trial by the judicial organs without delay and shall be presumed innocent until
convicted by the judicial organs.
Article 88
Judges of the courts of the Hong Kong Special
Administrative Region shall be appointed by the Chief Executive on the recommendation of
an independent commission composed of local judges, persons from the legal profession and
eminent persons from other sectors.
Article 89
A judge of court of the Hong Kong
Special Administrative Region may only be removed for inability to discharge his or her
duties, or for misbehaviour, by the Chief Executive on the recommendation of a tribunal
appointed by the Chief Justice of the Court of Final Appeal and consisting of not fewer
than three local judges.
The Chief Justice of the Court of Final Appeal of the Hong
Kong Special Administrative Region may be investigated only for inability to discharge his
or her duties, or for misbehaviour, by a tribunal appointed by the Chief Executive and
consisting of not fewer than five local judges and may be removed by the Chief Executive
on the recommendation of the tribunal and in accordance with the procedures prescribed in
this Law.
Article 90
The Chief Justice of the Court of
Final Appeal and the Chief Judge of the High Court of the Hong Kong Special Administrative
Region shall be Chinese citizens who are permanent residents of the Region with no right
of abode in any foreign country.
In the case of the appointment or removal of judges of the
Court of Final Appeal and the Chief Judge of the High Court of the Hong Kong Special
Administrative Region, the Chief Executive shall, in addition to following the procedures
prescribed in Articles 88 and 89 of this Law, obtain the endorsement of the Legislative
Council and report such appointment or removal to the Standing Committee of the National
People's Congress for the record.
Article 91
The Hong Kong Special Administrative Region shall maintain
the previous system of appointment and removal of members of the judiciary other than
judges.
Article 92
Judges and other members of the judiciary of the Hong Kong
Special Administrative Region shall be chosen on the basis of their judicial and
professional qualities and may be recruited from other common law jurisdictions.
Article 93
Judges and other members of the
judiciary serving in Hong Kong before the establishment of the Hong Kong Special
Administrative Region may all remain in employment and retain their seniority with pay,
allowances, benefits and conditions of service no less favourable than before.
The Government of the Hong Kong Special Administrative
Region shall pay to judges and other members of the judiciary who retire or leave the
service in compliance with regulations, including those who have retired or left the
service before the establishment of the Hong Kong Special Administrative Region, or to
their dependants, all pensions, gratuities, allowances and benefits due to them on terms
no less favourable than before, irrespective of their nationality or place of residence.
Article 94
On the basis of the system previously operating in Hong
Kong, the Government of the Hong Kong Special Administrative Region may make provisions
for local lawyers and lawyers from outside Hong Kong to work and practise in the Region.
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.
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Section 5 : District Organizations
Article 97
District organizations which are not organs of political
power may be established in the Hong Kong Special Administrative Region, to be consulted
by the government of the Region on district administration and other affairs, or to be
responsible for providing services in such fields as culture, recreation and environmental
sanitation.
Article 98
The powers and functions of the district organizations and
the method for their formation shall be prescribed by law.
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Section 6 : Public Servants
Article 99
Public servants serving in all
government departments of the Hong Kong Special Administrative Region must be permanent
residents of the Region, except where otherwise provided for in Article 101 of this Law
regarding public servants of foreign nationalities and except for those below a certain
rank as prescribed by law.
Public servants must be dedicated to their duties and be
responsible to the Government of the Hong Kong Special Administrative Region.
Article 100
Public servants serving in all Hong Kong government
departments, including the police department, before the establishment of the Hong Kong
Special Administrative Region, may all remain in employment and retain their seniority
with pay, allowances, benefits and conditions of service no less favourable than before.
Article 101
The Government of the Hong Kong
Special Administrative Region may employ British and other foreign nationals previously
serving in the public service in Hong Kong, or those holding permanent identity cards of
the Region, to serve as public servants in government departments at all levels, but only
Chinese citizens among permanent residents of the Region with no right of abode in any
foreign country may fill the following posts: the Secretaries and Deputy Secretaries of
Departments, Directors of Bureaux, Commissioner Against Corruption, Director of Audit,
Commissioner of Police, Director of Immigration and Commissioner of Customs and Excise.
The Government of the Hong Kong Special Administrative
Region may also employ British and other foreign nationals as advisers to government
departments and, when required, may recruit qualified candidates from outside the Region
to fill professional and technical posts in government departments. These foreign
nationals shall be employed only in their individual capacities and shall be responsible
to the government of the Region.
Article 102
The Government of the Hong Kong Special Administrative
Region shall pay to public servants who retire or who leave the service in compliance with
regulations, including those who have retired or who have left the service in compliance
with regulations before the establishment of the Hong Kong Special Administrative Region,
or to their dependants, all pensions, gratuities, allowances and benefits due to them on
terms no less favourable than before, irrespective of their nationality or place of
residence.
Article 103
The appointment and promotion of public servants shall be
on the basis of their qualifications, experience and ability. Hong Kong's previous system
of recruitment, employment, assessment, discipline, training and management for the public
service, including special bodies for their appointment, pay and conditions of service,
shall be maintained, except for any provisions for privileged treatment of foreign
nationals.
Article 104
When assuming office, the Chief Executive, principal
officials, members of the Executive Council and of the Legislative Council, judges of the
courts at all levels and other members of the judiciary in the Hong Kong Special
Administrative Region must, in accordance with law, swear to uphold the Basic Law of the
Hong Kong Special Administrative Region of the People's Republic of China and swear
allegiance to the Hong Kong Special Administrative Region of the People's Republic of
China.
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