Basic Law (Hong Kong)
| Hong Kong Basic Law | |||||||||||||
The Cover of the Basic Law, published by the Constitutional and Mainland Affairs Bureau
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| Chinese | 香港基本法 | ||||||||||||
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| Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China | |||||||||||||
| Traditional Chinese | 中華人民共和國香港特別行政區基本法 | ||||||||||||
| Simplified Chinese | 中华人民共和国香港特别行政区基本法 | ||||||||||||
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| Transcriptions | |
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| Standard Mandarin | |
| Hanyu Pinyin | Xiāng gǎng Jī běn fǎ |
| Yue: Cantonese | |
| Yale Romanization | Hēunggóng Gēibúnfaat |
| Jyutping | Hoeng1gong2 Gei1bun2faat3 |
| Transcriptions | |
|---|---|
| Standard Mandarin | |
| Hanyu Pinyin | Zhōnghúa Rénmín Gònghéguó Xiānggǎng Tèbié Xíngzhèngqū Jīběnfǎ [  Listen ] |
| Yue: Cantonese | |
| Yale Romanization | Jūngwàh Yàhnmàhn Guhngwòhgwok Hēunggóng Dahkbiht Hàhngjingkēui Gēibúnfaat |
| Jyutping | Zung1waa4 Jan4man4 Gung6wo4gwok3 Hoeng1gong2 Dak6bit6 Hang4zing3keoi1 Gei1bun2faat3 |
The Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China is the constitutional document of the Hong Kong Special Administrative Region. Being a national law of the People's Republic of China, the Basic Law was adopted on 4 April 1990 by the Seventh National People's Congress and signed by President Yang Shangkun.
The Basic Law came into effect on 1 July 1997 when sovereignty over Hong Kong was transferred from the United Kingdom to the People's Republic of China, replacing the Hong Kong's colonial constitution comprising the Letters Patent and the Royal Instructions.
The Basic Law was drafted according to the Sino-British Joint Declaration signed between the Chinese and British governments on 19 December 1984. The Basic Law stipulates the basic policies of China towards the Hong Kong Special Administrative Region. As stipulated in the Joint Declaration and following the "one country, two systems" principle, socialism practised in the PRC would not be extended to Hong Kong. Instead, Hong Kong would continue its capitalist system and way of life for 50 years after 1997.
The Hong Kong Basic Law sets out the sources of law, the relationship between the Hong Kong SAR and the Central Government, the fundamental rights and freedoms of Hong Kong residents, and the structure and functions of the branches of local government, and it provides for the amendment and interpretation of the Basic Law. The courts of Hong Kong are given the power to review acts of the executive or legislature and declare them invalid if they are inconsistent with the Basic Law.
The source of authority for the Basic Law is somewhat controversial, with most Chinese legal scholars arguing that the Basic Law is a purely domestic legislation deriving its authority from the Constitution of the People's Republic of China, and with some legal scholars arguing that the Basic Law derives its authority directly from the Sino-British Joint Declaration. The argument is relevant in that it affects the level of authority that the PRC has in making any changes to the Basic Law. It is also essential in determining the Hong Kong courts' jurisdiction in issues related to the PRC domestic legislations.
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