| 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 14
The Central People's Government shall be responsible for
the defence of the Hong Kong Special Administrative Region.
The Government of the Hong Kong Special Administrative
Region shall be responsible for the maintenance of public order in the Region.
Military forces stationed by the Central People's
Government in the Hong Kong Special Administrative Region for defence shall not interfere
in the local affairs of the Region. The Government of the Hong Kong Special Administrative
Region may, when necessary, ask the Central People's Government for assistance from the
garrison in the maintenance of public order and in disaster relief.
In addition to abiding by national laws, members of the
garrison shall abide by the laws of the Hong Kong Special Administrative Region.
Expenditure for the garrison shall be borne by the Central
People's Government.
Article 15
The Central People's Government shall appoint the Chief
Executive and the principal officials of the executive authorities of the Hong Kong
Special Administrative Region in accordance with the provisions of Chapter IV of this Law.
Article 16
The Hong Kong Special Administrative Region shall be vested
with executive power. It shall, on its own, conduct the administrative affairs of the
Region in accordance with the relevant provisions of this Law.
Article 17
The Hong Kong Special Administrative Region shall be vested
with legislative power.
Laws enacted by the legislature of the Hong Kong Special
Administrative Region must be reported to the Standing Committee of the National People's
Congress for the record. The reporting for record shall not affect the entry into force of
such laws.
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 19
The Hong Kong Special Administrative Region shall be vested
with independent judicial power, including that of final adjudication.
The courts of the Hong Kong Special Administrative Region
shall have jurisdiction over all cases in the Region, except that the restrictions on
their jurisdiction imposed by the legal system and principles previously in force in Hong
Kong shall be maintained.
The courts of the Hong Kong Special Administrative Region
shall have no jurisdiction over acts of state such as defence and foreign affairs. The
courts of the Region shall obtain a certificate from the Chief Executive on questions of
fact concerning acts of state such as defence and foreign affairs whenever such questions
arise in the adjudication of cases. This certificate shall be binding on the courts.
Before issuing such a certificate, the Chief Executive shall obtain a certifying document
from the Central People's Government.
Article 20
The Hong Kong Special Administrative Region may enjoy other
powers granted to it by the National People's Congress, the Standing Committee of the
National People's Congress or the Central People's Government.
Article 21
Chinese citizens who are residents of the Hong Kong Special
Administrative Region shall be entitled to participate in the management of state affairs
according to law.
In accordance with the assigned number of seats and the
selection method specified by the National People's Congress, the Chinese citizens among
the residents of the Hong Kong Special Administrative Region shall locally elect deputies
of the Region to the National People's Congress to participate in the work of the highest
organ of state power.
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 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.
For entry into the Hong Kong Special Administrative Region,
people from other parts of China must apply for approval. Among them, the number of
persons who enter the Region for the purpose of settlement shall be determined by the
competent authorities of the Central People's Government after consulting the government
of the Region.
The Hong Kong Special Administrative Region may establish
an office in Beijing.
Article 23
The Hong Kong Special Administrative Region shall enact
laws on its own to prohibit any act of treason, secession, sedition, subversion against
the Central People's Government, or theft of state secrets, to prohibit foreign political
organizations or bodies from conducting political activities in the Region, and to
prohibit political organizations or bodies of the Region from establishing ties with
foreign political organizations or bodies.
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