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For Hong Kong to propose amendments, the amendments first need the support of two-thirds of the Hong Kong Legislative Council, two-thirds of the deputies representing Hong Kong in the National People's Congress, and the approval of Hong Kong's Chief Executive. All proposals needs to be reviewed by the Committee for the Basic Law of the Hong ...
In Rao's opinion the NPCSC had already clearly explained Article 24 of the Basic Law in its 1999 interpretation in the aftermath of Ng Ka Ling v. Director of Immigration, and in particular had established that the Hong Kong government had the right to use the Immigration Ordinance to control who gained the right of abode in Hong Kong. [62]
Hence, the laws in force are in hierarchical order are The Hong Kong Basic Law; legislation in force before 1 July 1997 that was adopted as laws of the HKSAR by the Standing Committee of the National People's Congress; laws enacted by the Legislative Council of Hong Kong after 1997; and PRC laws listed in Annex III to the Basic Law and applied ...
The Joint Declaration consists of its main text, Annex I elaborating the Chinese government's basic policies for Hong Kong, Annex II concerning plans for the Sino–British Joint Liaison Group, Annex III explaining protections for land leases granted by the colonial government, and two memoranda from each party describing transitional ...
The British and Chinese governments entered negotiations over the future of Hong Kong in the early 1980s and agreed on the Sino-British Joint Declaration in 1984. [13] The basic principles for the right of abode are set as part of this treaty [14] and further defined in the Hong Kong Basic Law, [15] which encompass the right to land with the added entitlement that a bearer cannot be deported.
The Hong Kong Special Administrative Region Basic Law Drafting Committee (BLDC) was formed in June 1985 for the drafts of the Hong Kong Basic Law for the Hong Kong Special Administrative Region (HKSAR) after 1997. It was formed as a working group under the National People's Congress. The Drafting Committee had 59 members, of whom 23 were from ...
The Hong Kong Basic Law ensured, among other things, that Hong Kong will retain its legislative system, and people's rights and freedom for fifty years, [50] as a special administrative region (SAR) of China. The central government in Beijing maintains control over Hong Kong's foreign affairs as well as the legal interpretation of the Basic Law.
While Hong Kong retains the common law system, the Standing Committee of the National People's Congress of China has the power of final interpretation of national laws affecting Hong Kong, including the Basic Law, and its opinions are therefore binding on Hong Kong courts on a prospective and often retrospective basis and may not be in line ...