全国人民代表大会常务委员会关于《中华人民共和国香港特别行政区
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(Adopted at the Tenth Meeting of the Standing1 Committee of the Ninth National People's Congress on June 26, 1999)
颁布日期:19990626  实施日期:19990626  颁布单位:全国人大常委会

  The Standing Committee of the Ninth National People's Congress examined at its Tenth Meeting the "Proposal Requesting for an Interpretation2 on Clause 4 of Article 22 and Clause 2 (3) of Article 24 of the Basic Law of the Hong Kong Special Administrative3 Region of the People's Republic of China" submitted by the State Council. The Proposal of the State Council was submitted on the basis of the report submitted by the Chief Executive of the Hong Kong Special Administrative Region in accordance with the provisions of Article 43 and Article 48(2) of the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China. The issue raised in the Proposal concerns the interpretation of the relevant articles and clauses the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China by the Court of Final Appeal of the Hong Kong Special Administrative Region in its judgment4 dated January 29, 1999. These relevant articles and clauses concern the affairs that are subject to the jurisdiction5 of the Central Authorities and concern the relationship between the Central Authorities and the Hong Kong Special Administrative Region. Before making its judgment, the Court of Final Appeal has not sought an interpretation of the Standing Committee of the National People's Congress in accordance with the provisions of Clause 3 of Article 158 of the Basic Law of the Hong Kong Special Administrative Region of thee People's Republic of China. However, the interpretation of the Court of Final Appeal is not consistent with the original legislative6 intent. Therefore, having consulted the Committee for the Basic Law of the Hong Kong Special Administrative Region under the Standing Committee of the National People's Congress, the Standing Committee of the National People's Congress has decided7 to make, under the provisions of Article 67(4) of the Constitution of the People's Republic of China and Clause 1 of Article 158 of the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China, an interpretation on the provisions of Clause 4 of Article 22 and Clause 2 (3) of Article 24 of the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China as follows:

  1. The provisions of Clause 4 of Article 22 of the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China regarding "For entry into the Hong Kong Special Administrative Region, people from other parts of China must apply for approval" mean that people from all provinces, autonomous8 regions, or municipalities directly under the Central Government, including those persons of Chinese nationality born in the interior by Hong Kong permanent residents, who wish to enter the Hong Kong Special Administrative Region for whatever reasons, must apply to the relevant authorities of their residential9 districts for approval in accordance with the provisions of the relevant laws and administrative regulations of the State, and must hold valid10 documents issued by the relevant authorities before they may enter the Hong Kong Special Administrative Region. It is unlawful for people from all provinces, autonomous regions, or municipalities directly under the Central Government, including persons of Chinese nationality born in the interior by Hong Kong permanent residents, to enter the Hong Kong Special Administrative Region without undertaking11 the appropriate approval procedures in accordance with the provisions of the relevant laws and administrative regulations of the State.

  2. The first three sub-paragraphs of Clause 2, Article 24 of the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China stipulates12 that: " 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)". The provisions of Sub-paragraph 3 concerning "persons of Chinese nationality born outside Hong Kong of those residents listed in categories (1) and (2)" mean that both or either of their parents, whether they themselves were born before or after the establishment of the Hong Kong Special Administrative Region, must be persons meeting the requirements stipulated13 in Sub-paragraph 1 or 2 of Clause 2 of Article 24 of the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China at the time of their birth. The original legislative intent as stated by this Interpretation, and the original legislative intent of other sub-paragraphs of Clause 2 of Article 24 of the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China, have been reflected in the "Opinions on the Implementation14 of Article 24(2) of the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China" adopted at the Fourth Plenary Meeting of the Preparatory Committee for the Hong Kong Special Administrative Region of the National People's Congress on August 10, 1996.

  As from the promulgation15 of this Interpretation, the courts of the Hong Kong Special Administrative Region, when referring to the relevant article or clauses of the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China, shall adhere to this Interpretation. This Interpretation does not affect the right of abode16 in the Hong Kong Special Administrative Region which has been acquired under the judgment of the Court of Final Appeal on the relevant cases dated January 29, 1999 by the parties concerned in the relevant legal proceedings17. Moreover, the issue whether any other person meets the requirements stipulated in Sub-paragraph 3 of Clause 2 of Article 24 of the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China shall be determined18 by reference to this Interpretation as a criteria19.



点击收听单词发音收听单词发音  

1 standing 2hCzgo     
n.持续,地位;adj.永久的,不动的,直立的,不流动的
参考例句:
  • After the earthquake only a few houses were left standing.地震过后只有几幢房屋还立着。
  • They're standing out against any change in the law.他们坚决反对对法律做任何修改。
2 interpretation P5jxQ     
n.解释,说明,描述;艺术处理
参考例句:
  • His statement admits of one interpretation only.他的话只有一种解释。
  • Analysis and interpretation is a very personal thing.分析与说明是个很主观的事情。
3 administrative fzDzkc     
adj.行政的,管理的
参考例句:
  • The administrative burden must be lifted from local government.必须解除地方政府的行政负担。
  • He regarded all these administrative details as beneath his notice.他认为行政管理上的这些琐事都不值一顾。
4 judgment e3xxC     
n.审判;判断力,识别力,看法,意见
参考例句:
  • The chairman flatters himself on his judgment of people.主席自认为他审视人比别人高明。
  • He's a man of excellent judgment.他眼力过人。
5 jurisdiction La8zP     
n.司法权,审判权,管辖权,控制权
参考例句:
  • It doesn't lie within my jurisdiction to set you free.我无权将你释放。
  • Changzhou is under the jurisdiction of Jiangsu Province.常州隶属江苏省。
6 legislative K9hzG     
n.立法机构,立法权;adj.立法的,有立法权的
参考例句:
  • Congress is the legislative branch of the U.S. government.国会是美国政府的立法部门。
  • Today's hearing was just the first step in the legislative process.今天的听证会只是展开立法程序的第一步。
7 decided lvqzZd     
adj.决定了的,坚决的;明显的,明确的
参考例句:
  • This gave them a decided advantage over their opponents.这使他们比对手具有明显的优势。
  • There is a decided difference between British and Chinese way of greeting.英国人和中国人打招呼的方式有很明显的区别。
8 autonomous DPyyv     
adj.自治的;独立的
参考例句:
  • They proudly declared themselves part of a new autonomous province.他们自豪地宣布成为新自治省的一部分。
  • This is a matter that comes within the jurisdiction of the autonomous region.这件事是属于自治区权限以内的事务。
9 residential kkrzY3     
adj.提供住宿的;居住的;住宅的
参考例句:
  • The mayor inspected the residential section of the city.市长视察了该市的住宅区。
  • The residential blocks were integrated with the rest of the college.住宿区与学院其他部分结合在了一起。
10 valid eiCwm     
adj.有确实根据的;有效的;正当的,合法的
参考例句:
  • His claim to own the house is valid.他主张对此屋的所有权有效。
  • Do you have valid reasons for your absence?你的缺席有正当理由吗?
11 undertaking Mfkz7S     
n.保证,许诺,事业
参考例句:
  • He gave her an undertaking that he would pay the money back with in a year.他向她做了一年内还钱的保证。
  • He is too timid to venture upon an undertaking.他太胆小,不敢从事任何事业。
12 stipulates 5c9afbf42331f6dbc8e7cd0e43b34e17     
n.(尤指在协议或建议中)规定,约定,讲明(条件等)( stipulate的名词复数 );规定,明确要求v.(尤指在协议或建议中)规定,约定,讲明(条件等)( stipulate的第三人称单数 );规定,明确要求
参考例句:
  • The trade contract stipulates for the settlement of balances in RMB. 贸易合同规定余额以人民币结算。 来自《现代汉英综合大词典》
  • The contract stipulates for the use of seasoned timber. 合同上订明用干透的木料。 来自辞典例句
13 stipulated 5203a115be4ee8baf068f04729d1e207     
vt.& vi.规定;约定adj.[法]合同规定的
参考例句:
  • A delivery date is stipulated in the contract. 合同中规定了交货日期。
  • Yes, I think that's what we stipulated. 对呀,我想那是我们所订定的。 来自辞典例句
14 implementation 2awxV     
n.实施,贯彻
参考例句:
  • Implementation of the program is now well underway.这一项目的实施现在行情看好。
15 promulgation d84236859225737e91fa286907f9879f     
n.颁布
参考例句:
  • The new law comes into force from the day of its promulgation. 新法律自公布之日起生效。 来自《简明英汉词典》
  • Article 118 These Regulations shall come into effect from the day of their promulgation. 第一百一十八条本条例自公布之日起实施。 来自经济法规部分
16 abode hIby0     
n.住处,住所
参考例句:
  • It was ten months before my father discovered his abode.父亲花了十个月的功夫,才好不容易打听到他的住处。
  • Welcome to our humble abode!欢迎光临寒舍!
17 proceedings Wk2zvX     
n.进程,过程,议程;诉讼(程序);公报
参考例句:
  • He was released on bail pending committal proceedings. 他交保获释正在候审。
  • to initiate legal proceedings against sb 对某人提起诉讼
18 determined duszmP     
adj.坚定的;有决心的
参考例句:
  • I have determined on going to Tibet after graduation.我已决定毕业后去西藏。
  • He determined to view the rooms behind the office.他决定查看一下办公室后面的房间。
19 criteria vafyC     
n.标准
参考例句:
  • The main criterion is value for money.主要的标准是钱要用得划算。
  • There are strict criteria for inclusion in the competition.参赛的标准很严格。
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