中华人民共和国香港特别行政区基本法
THE BASIC LAW OF THE HONG KONG SPECIAL ADMINISTRATIVE¹ REGION OF THE PEOPLE'S REPUBLIC OF CHINA

（Adopted at the Third Session of the Seventh National People's Congress on April 4， 1990， promulgated³ by Order No. 26 of the President of the People's Republic of China on April 4， 1990， and effective as of July 1， 1997）
颁布日期：19900404 　实施日期：19970701 　颁布单位：全国人民代表大会

　　Preamble⁴

　　Hong Kong has been part of the territory of China since ancient times； it was occupied by Britain after the Opium⁵ War in 1840. On 19 December 1984， the Chinese and British Governments signed the Joint⁶ Declaration on the Question of Hong Kong， affirming that the Government of the People's Republic of China will resume the exercise of sovereignty over Hong Kong with effect from 1 July 1997， thus fulfilling the long-cherished common aspiration⁷ of the Chinese people for the recovery of Hong Kong. Upholding national unity⁸ and territorial⁹ integrity， maintaining the prosperity and stability of Hong Kong， and taking account of its history and realities， the People's Republic of China has decided¹⁰ that upon China's resumption of the exercise of sovereignty over Hong Kong， a Hong Kong Special Administrative Region will be established in accordance with the provisions of Article 31 of the Constitution of the People's Republic of China， and that under the principle of “one country， two systems，” the socialist¹¹ system and policies will not be practised in Hong Kong. The basic policies of the People's Republic of China regarding Hong Kong have been elaborated by the Chinese Government in the Sino-British Joint Declaration. In accordance with the Constitution of the People's Republic of China， the National People's Congress hereby enacts¹³ the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China， prescribing the systems to be practised in the Hong Kong Special Administrative Region， in order to ensure the implementation¹⁵ of the basic policies of the People's Republic of China regarding Hong Kong.

　　Chapter I General Principles

　　Article 1 The Hong Kong Special Administrative Region is an inalienable part of the people's Republic of China.

　　Article 2 The National People's Congress authorizes¹⁶ the Hong Kong Special Administrative Region to exercise a high degree of autonomy and enjoy executive， legislative¹⁷ and independent judicial¹⁸ power， including that of final adjudication， in accordance with the provisions of this Law.

　　Article 3 The executive authorities and legislature of the Hong Kong Special Administrative Region shall be composed of permanent residents of Hong Kong in accordance with the relevant provisions of this Law.

　　Article 4 The Hong Kong Special Administrative Region shall safeguard the rights and freedoms of the residents of the Hong Kong Special Administrative Region and of other persons in the Region in accordance with law.

　　Article 5 The socialist system and policies shall not be practised in the Hong Kong Special Administrative Region， and the previous capitalist system and way of life shall remain unchanged for 50 years.

　　Article 6 The Hong Kong Special Administrative Region shall protect the right of private ownership of property in accordance with law.

　　Article 7 The land and natural resources within the Hong Kong Special Administrative Region shall be State property. The Government of the Hong Kong Special Administrative Region shall be responsible for their management， use and development and for their lease or grant to individuals， legal persons or organizations for use or development. The revenues derived¹⁹ therefrom shall be exclusively at the disposal of the government of the Region.

　　Article 8 The laws previously²⁰ in force in Hong Kong， that is， the common law， rules of equity²¹， ordinances²²， subordinate legislation and customary law shall be maintained， except for any that contravene²³ this Law， and subject to any amendment²⁵ by the legislature of the Hong Kong Special Administrative Region.

　　Article 9 In addition to the Chinese language， English may also be used as an official language by the executive authorities， legislature and judiciary of the Hong Kong Special Administrative Region.

　　Article 10 Apart from displaying the national flag and national emblem²⁶ of the People's Republic of China， the Hong Kong Special Administrative Region may also use a regional flag and regional emblem.

　　The regional flag of the Hong Kong Special Administrative Region is a red flag with a bauhinia highlighted by five star-tipped stamens.

　　The regional emblem of the Hong Kong Special Administrative Region is a Bauhinia in the center highlighted by five star-tipped stamens and encircled by the words “Hong Kong Special Administrative Region of the People's Republic of China” in Chinese and “HONG KONG” in English.

　　Article 11 In accordance with Article 31 of the Constitution of the People's Republic of China， the systems and policies practised in the Hong Kong Special Administrative Region， including the social and economic systems， the system for safeguarding the fundamental rights and freedoms of its residents， the executive， legislative and judicial systems， and the relevant policies， shall be based on the provisions of this Law.

　　No law enacted²⁷ by the legislature of the Hong Kong Special Administrative Region shall contravene this Law.

　　Chapter II Relationship Between the Central Authorities and the Hong Kong Special Administrative Region

　　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 Ministry²⁸ 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 interfere²⁹ 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 garrison³⁰ in the maintenance of public order and in disaster relief.

　　In addition to abiding³¹ by national laws， members of the garrison shall abide³² by the laws of the Hong Kong Special Administrative Region.

　　Expenditure³³ 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 Standing³⁴ 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 conformity³⁵ 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 amend²⁴ 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 applied³⁷ in the Hong Kong Special Administrative Region except for those listed in Annex³⁸ III to this Law. The laws listed therein shall be applied locally by way of promulgation³⁹ 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 specified⁴⁰ 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 turmoil⁴¹ 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 jurisdiction⁴² over all cases in the Region， except that the restrictions⁴⁴ 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 binding⁴⁵ on the courts. Before issuing such a certificate， the Chief Executive shall obtain a certifying⁴⁶ 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， autonomous⁴⁷ 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 determined⁴⁸ 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 enact¹² laws on its own to prohibit any act of treason， secession， sedition⁴⁹， subversion⁵⁰ 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.

　　Chapter III Fundamental Rights and Duties of the Residents

　　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 valid³⁶ 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 abode⁵¹ in Hong Kong only.

　　The above-mentioned residents shall have the right of abode in the Hong Kong Special Administrative Region and shall be qualified⁵² 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 demonstration⁵³； 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， detention⁵⁵ or imprisonment⁵⁶. Arbitrary or unlawful search of the body of any resident or deprivation⁵⁷ or restriction⁴³ 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 premises⁵⁸ 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， infringe⁵⁹ 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 investigation⁶⁰ 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， holders⁶¹ of valid travel documents shall be free to leave the Region without special authorization⁶².

　　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 artistic⁶³ creation， and other cultural activities.

　　Article 35 Hong Kong residents shall have the right to confidential⁶⁴ legal advice， access to the courts， choice of lawyers for timely protection of their lawful⁵⁴ rights and interests or for representation in the courts， and to judicial remedies. Hong Kong residents shall have the right to institute legal proceedings⁶⁵ 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 retirement⁶⁶ 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 Covenant⁶⁷ 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 implemented⁶⁸ 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 indigenous⁶⁹ 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.

　　Chapter IV Political Structure

　　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 consultations⁷⁰ 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 suffrage⁷¹ upon nomination⁷² 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 consecutive⁷³ terms.

　　Article 47 The Chief Executive of the Hong Kong Special Administrative Region must be a person of integrity， dedicated⁷⁴ 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 promulgate² 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， Commissioner⁷⁵ Against Corruption⁷⁶， Director of Audit⁷⁷， Commissioner of Police， Director of Immigration and Commissioner of Customs and Excise⁷⁸； 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 implement¹⁴ 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 authorized⁷⁹ 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 commute⁸⁰ 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 consensus⁸¹ 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 appropriations⁸³. If appropriation⁸² 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 fiscal⁸⁴ 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 vacancy⁸⁵， 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 principle 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 adoption⁸⁶ 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.

　　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 formulate⁸⁷ and implement policies；

　　（2） To conduct administrative affairs；

　　（3） To conduct external affairs as authorized 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 prosecutions⁸⁸， 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 taxation⁸⁹ and public expenditure.

　　Article 65 The previous system of establishing advisory⁹⁰ bodies by the executive authorities shall be maintained.

　　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 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 recess⁹¹；

　　（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 repeal⁹² 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 endorse⁹³ 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 initiated⁹⁴ jointly⁹⁵ by one-fourth of all the members of the Legislative Council charges the Chief Executive with serious breach⁹⁶ 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 mandate⁹⁷ 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 substantiate⁹⁸ such charges， the Council may pass a motion of impeachment⁹⁹ 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 policies are introduced.

　　Article 75 The quorum¹⁰⁰ 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 renounces¹⁰¹ 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 censured¹⁰² for misbehaviour or breach of oath by a vote of two-thirds of the members of the Legislative Council present.

　　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， magistrates¹⁰³' 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 jurisdictions¹⁰⁴ 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 precedents¹⁰⁵ 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 lawfully¹⁰⁶ 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 eminent¹⁰⁷ persons from other sectors¹⁰⁸.

　　Article 89 A judge of a 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

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