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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]
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 ...
According to The Basic Law, while the method for forming the Legislative Council shall be specified in accordance with the principle of gradual and orderly progress, the ultimate aim is to elect all Council members by universal suffrage (Article 68 of The Basic Law of Hong Kong). However, under the 2021 overhaul, the seats that were directly ...
According to Article 73(9) of the Basic Law, [2] If a motion initiated jointly by one-fourth of all the members of the Legislative Council charges the Chief Executive with serious breach 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 mandate to the Chief Justice of the Court of Final Appeal to form and chair ...
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.
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.
As defined in Articles 19 and 85 of the Hong Kong Basic Law, the Court of Final Appeal "exercises judicial power in the Region independently and free from any interference." The Hong Kong Court of Final Appeal Ordinance and the Hong Kong Court of Final Appeal Rules set out the detailed functions and procedures of the court.