Citizenship, Economics and Society

(Secondary 1-3)
Support Resources
Secondary 2

Module 2.2:
Governance of the
HKSAR
Personal, Social and Humanities Education Section
Curriculum Development Institute
Education Bureau

1
 Introduction

 The “Citizenship, Economics and Society (Secondary1-3) Support

Resources” covers the essential learning contents of Strands 1, 5 and
6 in the Personal, Social and Humanities Education Key Learning
Area. It is designed to support the implementation of the Citizenship,
Economics and Society curriculum.
 The support resources provide diversified learning activities to help
students acquire knowledge and understand concepts, develop skills
and nurture positive values and attitudes. In addition, they offer
teaching guidelines and suggestions on learning and teaching
activities for teachers’ reference. Further, they provide reading
materials to enhance students’ interest in reading.
 “Module 2.2: Governance of the HKSAR” for Secondary 2 was
developed by the Personal, Social and Humanities Education Section,
Curriculum Development Institute of the Education Bureau.

2
 Module 2.2: Governance of the HKSAR

Contents

Pages
Introduction 6

Teaching Design 8
Lesson 1: The Constitution and the Basic Law jointly form the 9
constitutional basis of the HKSAR
Lesson 2: Hong Kong affairs which are the responsibility of the 10
Central Authorities
Lesson 3: Aspects of HKSAR’s high degree of autonomy 11
Lesson 4: Interpretation and amendment of the Basic Law 12
Lesson 5: Understand the relationship between the Central 13
Authorities and the HKSAR through relevant foreign and
external affairs
Lesson 6: Political structure of the HKSAR (1) 14
Lesson 7: Political structure of the HKSAR (2) 15
Lesson 8: Political structure of the HKSAR (3) 16
Lesson 9: Political structure of the HKSAR (4) 17
Lesson 10: Political structure of the HKSAR (5) 18
Lesson 11: Political structure of the HKSAR (6) 19
Lesson 12: HKSAR’s duty to safeguard national security (1) 20
Lesson 13: HKSAR’s duty to safeguard national security (2) 22
Lesson 14: HKSAR’s duty to safeguard national security (3) 23
Lesson 15: HKSAR’s duty to safeguard national security (4) 24

Learning and Teaching Activities

Pre-lesson Preparation 25
Worksheet 1: Constitutional Basis of the HKSAR 33
Worksheet 2: Basic Law is a national law 39
Worksheet 3: The Central Authorities are responsible for the defence 52
of the HKSAR
Worksheet 4: The CPG exercises power of appointment over the 56
HKSAR

3
Worksheet 5: The HKSAR enjoys executive power 63
Worksheet 6: The HKSAR enjoys legislative power 66
Worksheet 7: The HKSAR enjoys independent judicial power, 70
including that of final adjudication
Worksheet 8: Interpretation of the Basic Law 75
Worksheet 9: Amendment to the Basic Law 79
Worksheet 10: CPG is responsible for the foreign affairs relating to the 81
HKSAR and assisting the HKSAR to conduct relevant
external affairs on its own
Worksheet 11: Relevant external affairs conducted by the HKSAR on 87
its own
Worksheet 12: Appointment, dual capacity and dual responsibility of 93
the Chief Executive
Worksheet 13: Method of formation as well as major roles and functions 97
of the Executive Council
Worksheet 14: Powers and functions of the executive authorities as well 100
as the appointment and removal of principal officials
Worksheet 15: Law-making process of the HKSAR 105
Worksheet 16: HKSAR Government is accountable to the LegCo 111
Worksheet 17: Judicial independence in the HKSAR 116
Worksheet 18: Appintment and removal of HKSAR judges 119
Worksheet 19: Election Committee 129
Worksheet 20: Candidate Eligibility Review Committee, measures 135
against acts of manipulating or undermining election,
and amendment to Annex I and Annex II to the Basic
Law
Worksheet 21: Method for selecting the CE 141
Worksheet 22: Method for forming the LegCo and the voting 143
procedures of the LegCo
Worksheet 23: The ultimate goal of election by universal suffrage of 152
the Chief Executive and all members of the Legislative
Council is stipulated by the Basic Law
Worksheet 24: The HKSAR’s constitutional duty and legislative 159
obligation to safeguard national security
Worksheet 25: Background and legal basis of the Decision of the 163
National People’s Congress on Establishing and
Improving the Legal System and Enforcement
Mechanisms for the Hong Kong Special Administrative
Region to Safeguard National Security and that the
NPCSC is authorised by the NPC to enact the law

4
Worksheet 26: CPG’s responsibility for national security affairs 171
relating to the HKSAR
Worksheet 27 HKSAR’s duty to safeguard national security 173
Worksheet 28: NSL safeguards human rights and the rule of law 186
Worksheet 29: NSL stipulates four types of offences that endanger 192
national security
Worksheet 30: Related bodies for safeguarding national security in the 202
HKSAR
Worksheet 31: Jurisdiction, applicable law and procedure as stipulated 211
in the NSL
Extended Reading Worksheet 1: “Four Musts” 216
Extended Reading Worksheet 2: “Four Proposals” 220

References 225

5
Introduction

As Hong Kong residents, students should learn from an early age that the Constitution
and the Basic Law jointly form the constitutional basis of the HKSAR. Through the
primary school curriculum, especially General Studies and cross-curricular mode (such
as class teacher lessons, values education activities, etc.), students understood that the
National People’s Congress formulated the Basic Law in accordance with the
Constitution, and the Basic Law is the constitutional document of the HKSAR. The
Basic Law prescribes the systems to be practised in the HKSAR, and ensure the
implementation of the basic policies of the People’s Republic of China regarding Hong
Kong, including the implementation of “one country, two systems”, “Hong Kong
people administering Hong Kong” and a high degree of autonomy. Students should
understand that the HKSAR is an inalienable part of the People’s Republic of China
and has been authorised by the National People’s Congress to exercise a high degree of
autonomy in accordance with the Basic Law. The HKSAR is 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.

This module consists of three parts. In the first part, students shall study in greater depth
that: (1) the Constitution and the Basic Law jointly form the constitutional basis of the
HKSAR; (2) the Constitution and the Basic Law entrust the Central Authorities to
exercise overall jurisdiction over the HKSAR; (3) the powers directly exercised by the
Central Authorities and the power of supervision over the high degree of autonomy of
the HKSAR are stipulated in the Basic Law; and (4) the HKSAR is authorized by the
National People’s Congress to exercise a high degree of autonomy in accordance with
the provisions of the Basic Law.

In the second part, students will learn the constitutional order of the HKSAR as
established by the Constitution and the Basic Law. They will also learn as stipulated by
the Basic Law, the political structure of the HKSAR is an executive-led system, in
which the Chief Executive is vested with dual role and has dual accountability. Under
the executive-led system, the executive authorities, the legislature and the judiciary
perform their respective functions and complement each other in accordance with the
Basic Law. At the same time, the student will learn the direction of development for the
methods for selecting the Chief Executive and forming the legislature, including
improving the electoral system of the HKSAR and ensuring the implementation of the
principle of “patriots administering Hong Kong”.

In the third part, students will understand the provisions of the Constitution on
safeguarding national security and that national security is a matter within the purview
of the Central Authorities. Students will also understand that the Central People’s
Government has an overarching responsibility for national security affairs relating to
the HKSAR, and the HKSAR has the constitutional duty to safeguard national security.

6
Students will recognize the “holistic view of national security” and four types of crimes
that endanger national security as regulated by the National Security Law and
understand the importance of the National Security Law for safeguarding national
security (homeland security, political security), and put the idea of “National security
is our shared responsibility and everyone has a role to play” into practice.

7
Teaching Design:
Topic: Governance of the HKSAR
Duration: 15 lessons
Learning  understand that the Constitution comes first before the Basic Law
Objectives: and the Constitution is the “parent law” while the Basic Law is
the “branch law”; and that the Constitution and the Basic Law
jointly form the constitutional basis of the HKSAR;
 understand that “one country” is the foundation and prerequisite
of “two systems”; and that the Constitution and the Basic Law
entrust the Central Authorities to exercise overall jurisdiction
over the HKSAR;
 understand the powers directly exercised by the Central
Authorities and the power of supervision over the high degree of
autonomy of the HKSAR as stipulated by the Basic Law;
 understand that the HKSAR is authorized by the National
People’s Congress to exercise a high degree of autonomy in
accordance with the provisions of the Basic Law;
 understand that the constitutional order of the HKSAR is
established by the Constitution and the Basic Law, and that the
Basic Law stipulates that the political structure of the HKSAR is
an executive-led system;
 understand the direction of development for the methods of
selecting the Chief Executive and forming the legislature,
including improving the electoral system of the HKSAR and
ensuring the implementation of the principle of “patriots
administering Hong Kong” with patriots as the main body;
 understand that the Central People’s Government has an
overarching responsibility for national security affairs relating to
the HKSAR, and the HKSAR has the constitutional duty to
safeguard national security;
 understand the “holistic view of national security”;
 understand the importance of the National Security Law for
safeguarding national security (homeland security, political
security);
 put the idea of “National security is our shared responsibility and
everyone has a role to play” into practice; and
 develop a sense of national identity and support the
implementation of the principle of “one country, two systems”.

Note: Teachers do not need to ask students to memorize the contents of the
Constitution and the Basic Law. Students only need to understand the meaning
behind the contents of the relevant provisions and their application in daily life.

8
 Lesson 1 (The Constitution and the Basic Law jointly form the constitutional
basis of the HKSAR)
Suggested
lesson time
Enquiry 1. Set: 12 minutes
Process:  Through checking answers to Pre-lesson
Preparation: Hong Kong’s return to China,
the teacher leads students to review the
relevant major historical moments.
 The teacher asks students to complete
Questions 1-3 in Activity 1 so that students
can have an initial understanding that the
Constitution and the Basic Law jointly form
the constitutional basis of the HKSAR.
2. Interactive teaching: 12 minutes
 The teacher asks students to read and
complete Questions 1-4 in Worksheet 1 so
that students can understand the
constitutional basis of the HKSAR and the
functions and powers of related state
institutions.
3. Further reading: 4 minutes
 Students read Appendix 1 “Know more: The
People’s Congress System” and Appendix 2
“Know more: National People’s Congress
(NPC) and its Standing Committee
(NPCSC)”.
4. Interactive teaching: 12 minutes
 The teacher asks students to read and
complete Questions 1-2 in Worksheet 2 so
that students can understand that the Basic
Law is a national law.
Learning Pre-lesson preparation; Activity 1; Worksheets 1-2; Appendices 1-2
and
Teaching
Resources:

9
 Lesson 2 (Hong Kong affairs which are the responsibility of the Central
Authorities)
Suggested
lesson time
Enquiry 1. Set: 8 minutes
Process:  The teacher asks students to complete
Activity 2 so that students can have initial
understanding that the Central Authorities
exercise overall jurisdiction over the
HKSAR and also the related functions and
powers of state institutions as stipulated in
the Basic Law.
2. Interactive teaching: 16 minutes
 The teacher asks students to read and
complete Questions 1-3 in Worksheet 3 so
that students can understand that the Central
Authorities are responsible for the foreign
affairs relating to the HKSAR, and the
related functions and powers of the Central
People’s Government (CPG) and the
Central Military Commission.
3. Interactive teaching: 16 minutes
 The teacher asks students to read and
complete Questions 1-2 in Worksheet 4 so
that students can understand that the CPG
exercises power of appointment over the
HKSAR.
Homework: After completing Homework 1: reporting for the record,
authorization, approval, special permission, students will understand
matters that the HKSAR have to report to the Central Authorities for
the record and matters that require the authorization, approval or
special permission by the Central Authorities.
Learning Activity 2; Worksheets 3-4; Homework 1
and
Teaching
Resources:

10
 Lesson 3 (Aspects of HKSAR’s high degree of autonomy)
Suggested
lesson time
Enquiry 1. Set: 6 minutes
Process:  The teacher asks students to complete
Activity 3 so that students can have an initial
understanding of the aspects of HKSAR’s
high degree of autonomy as prescribed in
the Basic Law.
2. Interactive teaching: 10 minutes
 The teacher asks students to read and
complete Questions 1-2 in Worksheet 5 so
that students can understand that the
HKSAR enjoys executive power.
3. Interactive teaching: 12 minutes
 The teacher asks students to read and
complete Questions 1-2 in Worksheet 6 so
that students can understand that the
HKSAR enjoys legislative power.
4. Interactive teaching: 12 minutes
 The teacher asks students to read and
complete Questions 1-3 in Worksheet 7 so
that students can understand that the
HKSAR enjoys independent judicial power,
including that of final adjudication.
Homework: After watching the video clip “Origin of the Basic Law” and
completing Homework 2, students can understand the power of
interpretation of the Basic Law is vested in the NPCSC.
Learning Activity 3; Worksheets 5-7; Homework 2
and
Teaching
Resources:

11
 Lesson 4 (Interpretation and amendment of the Basic Law)
Suggested
lesson time
Enquiry 1. Set: 6 minutes
Process:  The teacher asks students to complete
Activity 4 so that students can have an initial
understanding of the interpretations of the
Basic Law adopted by the NPCSC since
Hong Kong’s return to China.
2. Interactive teaching: 22 minutes
 The teacher asks students to read and
complete Questions 1-3 in Worksheet 8 so
that students can understand that the
NPCSC’s power of interpretation over the
Basic Law originates from the Contitution
and the Basic Law, and that there are
different ways to request for an
interpretation.
3. Interactive teaching: 12 minutes
 The teacher asks students to watch the video
clip “Amendment to the Basic Law” and
complete Worksheet 9. The students can
understand that the power of amendment of
the Basic Law is vested in the NPC and that
the power to propose bills for amendments
to the Basic Law is vested in the NPCSC,
the State Council and the HKSAR.
Learning Activity 4; Worksheets 8-9
and
Teaching
Resources:

12
Lesson 5 (Understand the relationship between the Central Authorities and the
HKSAR through relevant foreign and external affairs)
Suggested
lesson time
Enquiry 1. Set: 6 minutes
Process:  The teacher asks students to complete
Activity 5 so that students can have an initial
understanding of the principles of our
country’s foreign policy.
2. Interactive teaching: 24 minutes
 The teacher asks students to read and
complete Questions 1-8 in Worksheet 10 so
that students can understand that the CPG is
responsible for the foreign affairs relating to
the HKSAR and assisting the HKSAR to
conduct relevant external affairs on its own.
3. Interactive teaching: 10 minutes
 The teacher asks students to read and
complete Questions 1-2 in Worksheet 11 so
that students can understand the relevant
external affairs conducted by the HKSAR
on its own.
Learning Activity 6; Worksheets 10-11
and
Teaching
Resources:

13
 Lesson 6 (Political structure of the HKSAR (1))
Suggested
lesson time
Enquiry 1. Set: 8 minutes
Process:  The teacher asks students to complete
Activity 6 so that students can understand
the qualifications of being the Chief
Executive.
2. Interactive teaching: 14 minutes
 The teacher asks students to read and
complete Questions 1-3 in Worksheet 12 so
that students can understand the
appointment, dual capacity and dual
responsibility of the Chief Executive.
3. Interactive teaching: 8 minutes
 The teacher asks students to read and
complete Questions 1-2 in Worksheet 13, so
that students can understand the method of
formation as well as major roles and
functions of the Executive Council.
4. Interactive teaching: 10 minutes
 The teacher asks students to read and
complete Questions 1-2 in Worksheet 14 so
that students can understand the powers and
functions of the executive authorities as well
as the appointment and removal of principal
officials.
Learning Activity 6; Worksheets 12-14
and
Teaching
Resources:

14
 Lesson 7 (Political structure of the HKSAR (2))
Suggested
lesson time
Enquiry 1. Set: 6 minutes
Process:  The teacher asks students to complete
Activity 7 so that stuendents can understand
the three main roles of the LegCo.
2. Interactive teaching: 24 minutes
 The teacher asks students to read and
complete Questions 1-4 in Worksheet 15 so
that students can understand the law-making
process in the HKSAR.
3. Interactive teaching: 10 minutes
 The teacher asks students to read and
complete Question 1 in Worksheet 16 so that
students can understand that the HKSAR
Government is accountable to the LegCo.
Learning Activity 7; Worksheets 15-16
and
Teaching
Resources:

15
 Lesson 8 (Political structure of the HKSAR (3))
Suggested
lesson time
Enquiry 1. Set: 8 minutes
Process:  The teacher asks students to complete
Activity 8 so that students can have an initial
understanding of the judicial power,
including that of final adjudication, in the
HKSAR.
2. Interactive teaching: 12 minutes
 The teacher asks students to read and
complete Questions 1-3 in Worksheet 17 so
that they can understand the judicial
independence in the HKSAR.
3. Interactive teaching: 15 minutes
 The teacher asks students to read and
complete Question 1-3 in Worksheet 18 so
that they can understand the appointment
and removal of judges in the HKSAR.
4. Conclusion: 5 minutes
 By concluding Lessons 6–8, students will
understand that our political structure is an
executive-led system headed by the Chief
Executive. The executive authorities, the
legislature and the judiciary perform their
respective functions under the executive-led
system in accordance with the Basic Law
and complement each other with a view to
upholding national unity and territorial
integrity, maintaining the prosperity and
stability of Hong Kong.
Learning Activity 8; Worksheets 17-18
and
Teaching
Resources:

16
 Lesson 9 (Political structure of the HKSAR (4))
Suggested
lesson time
Enquiry 1. Set: 4 minutes
Process:  The teacher asks students to complete
Activity 9 so that students can have an initial
understanding of the Decision of the
National People’s Congress on Improving
the Electoral System of the Hong Kong
Special Administrative Region.
2. Interactive teaching: 16 minutes
 The teacher asks students to read and
complete Questions 1-2 in Worksheet 19 so
that they can understand the size,
composition and methods for returning
members of the Election Committee.
3. Further reading: 4 minutes
 Students read Appendix 3 “Know more:
State leaders”.
4. Interactive teaching: 16 minutes
 The teacher asks students to read and
complete Questions 1-3 in Worksheet 20 so
that students can understand the powers and
functions of the Candidate Eligibility
Review Committee, the importance of the
measures against acts of manipulating or
undermining election, and that the NPCSC
exercises in accordance with the law the
power to amend Annex I and Annex II to the
Basic Law.
Learning Activity 9; Worksheets 19-20; Appendix 3
and
Teaching
Resources:

17
 Lesson 10 (Political structure of the HKSAR (5))
Suggested
lesson time
Enquiry 1. Set: 6 minutes
Process:  The teacher asks students to complete
Activity 10 so that students can review the
relationship between the CPG and the Chief
Executive of the HKSAR.
2. Interactive teaching: 12 minutes
 The teacher asks students to read and
complete Questions 1-2 in Worksheet 21, so
that students can understand the method for
selecting the Chief Exeuctive.
3. Interactive teaching: 18 minutes
 The teacher asks students to read and
complete Questions 1-3 in Worksheet 22 so
that students can understand the method for
forming the LegCo and the voting
procedures of the LegCo.
4. Further reading: 4 minutes
 Students read Appendix 4 “Know more:
Composition, seats allocation and
electorates of 28 Functional
Constituencies”.
Learning Activity 10; Worksheets 21-22; Appendix 4
and
Teaching
Resources:

18
 Lesson 11 (Political structure of the HKSAR (6))
Suggested
lesson time
Enquiry 1. Set: 15 minutes
Process:  The teacher asks students to complete
Activity 11 so that students can understand
that the Constitution and the Basic Law
jointly form the constitutional basis of the
HKSAR.
2. Interactive teaching: 25 minutes
 The teacher asks students to read and
complete Question 1 in Worksheet 23 so that
students can understand that the ultimate
goal of election by universal suffrage of the
Chief Executive and all members of the
Legislative Council is stipulated by the
Basic Law.
Learning Activity 11; Worksheet 23
and
Teaching
Resources:

19
 Lesson 12 (HKSAR’s duty to safeguard national security (1))
Suggested
lesson time
Enquiry 1. Set: 4 minutes
Process:  The teacher asks students to complete
Activity 12 so that students can have an
initial understanding of the requirements on
safeguarding national security in the
Constitution and the Bais Law.
2. Interactive teaching: 13 minutes
 The teacher asks students to read and
complete Questions 1-5 in Worksheet 24 so
that students can understand the provisions
of the Constitution on safeguarding national
security; that national security falls under
the purview of the Central Authorities; and
that Article 23 of the Basic Law stipulates
that Hong Kong “shall enact laws on its
own” to prohibit seven types of acts and
activities that endanger national security,
which is an obligatory provision rather than
a clause on delegation of power.
3. Interactive teaching: 13 minutes
 The teacher asks students to read and
complete Questions 1-3 in Worksheet 25 so
that students can understand the legal basis
as stipulated in the Constitution through the
Decision of the NPC, the functions and
powers of relevant state institutions, and that
the NPCSC added the NSL to Annex III to
the Basic Law in accordance with Article 18
of the Basic Law and the NSL was gazetted
and implemented by the HKSAR.
4. Further reading: 10 minutes
 Students read Appendix 5 “Know more:
Implementation of the National Security
Law in the HKSAR by way of promulgation
after its addition to Annex III to the Basic
Law”.
Homework: The students complete Homework 3: Implementation of the National
Security Law by way of promulgation so that they can understand the
legislative process of the NSL and that the power of interpretation of
the NSL is vested in the NPCSC.

20
Learning Activity 12; Worksheets 24-25; Homework 3; Appendix 5
and
Teaching
Resources:

21
 Lesson 13 (HKSAR’s duty to safeguard national security (2))
Suggested
lesson time
Enquiry 1. Interactive teaching: 14 minutes
Process:  The teacher asks students to read and
complete Questions 1-3 in Worksheet 26 so
that students can understand CPG’s
responsibility for national security affairs
relating to the HKSAR.
2. Interactive teaching: 18 minutes
 The teacher asks students to read and
complete Questions 1-4 in Worksheet 27 so
that students can understand HKSAR’s duty
to safeguard national security and that it is
everyone’s duty to safeguard national
security.
3. Concept map: 8 minutes
 The teacher asks students to complete the
Concept map so that students can have a
holistic understanding of the legal basis of
the NSL.
Learning Worksheets 26-27; Concept map
and
Teaching
Resources:

22
 Lesson 14 (HKSAR’s duty to safeguard national security (3))
Suggested
lesson time
Enquiry 1. Interactive teaching: 10 minutes
Process:  The teacher asks students to read and
complete Questions 1-2 in Worksheet 28 so
that students can understand how the NSL
protects human rights and the rule of law.
2. Interactive teaching: 20 minutes
 The teacher asks students to read and
complete Questions 1-4 in Worksheet 29 so
that students can understand the specific
contents of the four types of offences
regulated by the NSL and their importance
to homeland security and political security.
3. Further reading: 10 minutes
 Students read Appendix 6 “Know more:
HKSAR and the enactment of local
legislation on Article 23 of the Basic Law”.
Homework: The students complete Homework 4: The Committee for
Safeguarding National Security of HKSAR and the Office for
Safeguarding National Security of the Central People’s Government
in the HKSAR so that they can have an initial understanding of the
Committee for safeguarding National Security of the HKSAR and the
Office for Safeguarding National Security of the Central People’s
Government in the Hong Kong Special Administrative Region (CPG
Office on National Security).
Learning Worksheets 28-29; Homework 4; Appendix 6
and
Teaching
Resources:

23
 Lesson 15 (HKSAR’s duty to safeguard national security (4))
Suggested
lesson time
Enquiry 1. Interactive teaching: 14 minutes
Process:  The teacher asks students to read and
complete Questions 1-4 in Worksheet 30 so
that students can understand the work
carried out by the relevant bodies in the
HKSAR to safeguard national security, so as
to let them understand the respective
responsibilities of the CPG and the HKSAR.
2. Further reading: 3 minutes
 Students read Appendix 7 “Know more:
commissions of supervision”.
3. Interactive teaching: 14 minutes
 The teacher asks students to read and
complete Questions 1-2 in Worksheet 31 so
that students can understand the jurisdiction,
applicable law and procedure of the NSL;
the powers of the Supreme People’s
Procuratorate and that the Supreme People’s
Court will be involved in certain
circumstances.
4. Concept map: 9 minutes
 Ask students to complete the concept map
so that they can have a holistic
understanding of the provisions of the NSL
on bodies safeguarding national security
and its jurisdiction.
Extended Students conduct group discussion and finish the Extended Reading
Activity: Worksheet 1: “Four Musts” and Extended Reading Worksheet 2:
“Four Proposals”
Learning Worksheets 30-31; Concept map; Appendix 7, Extended worksheets
and 1-2
Teaching
Resources:

24
 Module 2.2: Governance of the HKSAR
(Lesson 1)
Learning and Teaching Materials

Pre-lesson Preparation: Hong Kong’s return to China

Please refer to the wall-chart resource on the theme of “Event Book on Hong Kong’s
Return to China” (Chinese version only):
https://www.edb.gov.hk/tc/curriculum-development/kla/pshe/basic-law-
education/cble_wallcharts/index.html

Source 1
1. How does the picture in Source 1
demonstrate that, as stated in the
Preamble of the Basic Law, “Hong
Kong has been part of the territory
of China since ancient times”?
Hong Kong has been part of the
territory of China since the Qin
Dynasty (221 to 207 BC).

Source 2
2. (a) Which event mentioned in the
Preamble of the Basic Law are the
pictures in Source 2 related to?
Hong Kong was occupied by
Britain after the Opium War in
1840.

(b) What unequal treaties are the

pictures in Source 2 related to?
Treaty of Nanking, Convention
of Peking, Convention between
the United Kingdom and
China, Respecting an
Extension of Hong Kong’s
Territory.

25
Source 3
3. (a) What important historical event
does the photo in Source 3 show?
The establishment of the
People’s Republic of China in
1949.

(b) What is the importance of the

1971 resolution of the United Nations
(UN) General Assembly in 1971
United Nations
General Assembly shown in Source 3 to the People’s
Twenty-sixth Session Republic of China (PRC)?
Resolution 2758 (XXVI)
Restoration of the lawful rights
1972 of the PRC in the UN.

United Nations General

Assembly Twenty-Seventh (c) What is the importance of the
Session Resolution report approved in the UN
2908(XXVII) on 2 November
1972: Approves the report of General Assembly in 1972 shown
the Special Committee on in Source 3 to Hong Kong?
Decolonization Hong Kong was removed from
the list of colonial territories.
Source 4

4. What important historical event

does the photo in Source 4 show?
Sino-British negotiations on the
future of Hong Kong began.

Source 5 5. Which important document does the

The state may establish special provision in Source 5 come from?
administrative regions when Constitution.
necessary. The systems instituted in
special administrative regions shall, in
light of specific circumstances, be
prescribed by laws enacted by the
National People’s Congress.

26
Source 6
The Government of the People’s 6. Which document does the content in
Republic of China declares that to Source 6 come from?
recover the Hong Kong area (including Sino-British Joint Declaration.
Hong Kong Island, Kowloon and the
New Territories, hereinafter referred to
as Hong Kong) is the common
aspiration of the entire Chinese people,
and that it has decided to resume the
exercise of sovereignty over Hong
Kong with effect from 1 July 1997.

Source 7 7. (a) Which organisation was holding

the meeting as shown in the photo
in Source 7?
Drafting Committee for the
Basic Law of the Hong Kong
Special Administrative Region.

(b) Which organisation established

the Committee in the answer to
7.(a)?
National People’s Congress.

Source 8
8. (a) Which organisation was
responsible for adopting the legal
document shown in Source 8?
National People’s Congress.

(b) Who was responsible for

promulgating this legal
document?
President of the PRC.

27
Source 9
9. What important historical event
does the photo in Source 9 show?
Establishment of the Hong Kong
Special Administrative Region
on 1 July 1997.

28
The Constitution and the Basic Law jointly form the constitutional
basis of the HKSAR

Activity 1
Part I
Source 1

Today (13 September 2000), Mr LAM Woon-kwong, Secretary for Home Affairs,
witnessed the solemn flag-raising ceremony in Sydney Olympic Village. He
watched the regional flag of the Hong Kong Special Administrative Region
(HKSAR) rise in the Olympic Village for the first time, sharing the joy and
excitement with the Hong Kong Olympic delegation.
After seeing that the regional flag of the HKSAR was raised along with the playing
of the national anthem, Mr LAM Woon-kwong said to the media, “This ceremony
is of special significance to us. It is the first time that the HKSAR has participated
in the Olympic Games in the name of Hong Kong, China.” ...
Source of information: Translated from 香港特別行政區政府新聞公報網頁（2000 年 9 月
13 日） 。《奧運村內升起香港特別行政區區旗》 ，
https://www.info.gov.hk/gia/general/200009/13/0913169.htm

1. (i) What flag was used and (ii) what song was played and sung in the ceremony
mentioned in Source 1?
(i) Regional Flag.
(ii) National Anthem.

[Complete the following questions in accordance with the brochure of the “The
Constitution and the Basic Law” or the electronic version of the Basic Law on the web
page of the Basic Law (https://www.basiclaw.gov.hk/en/basiclaw/index.html).]

2. (a) How does Article 10(1) of the Basic Law stipulate the use of the national flag
and the regional flag?
Apart from displaying the national flag of the PRC, the HKSAR may also
use a regional flag.

(b) Apart from Article 10(1), is there any other provision in the 160 articles of
the Basic Law make mention of the national flag and the national anthem?
No.

29
Part II

Paragraph 3 of the Basic Law’s Preamble states that “In accordance with the
Constitution of the People’s Republic of China, the National People’s Congress hereby
enacts the Basic Law of the Hong Kong Special Administrative Region of the People’s
Republic of China”.

Since there is no other provision under which the national flag and the national anthem
are stipulated in the Basic Law, naturally, we have to refer to relevant provisions in the
Constitution:

Source 2

Constitution
Chapter IV - The National Flag, National Anthem, National Emblem and the
Capital
Article 141
The national flag of the People’s Republic of China is a red flag with five stars.
The national anthem of the People's Republic of China is the March of the
Volunteers.
Article 142
The national emblem of the People’s Republic of China consists of an image of
Tiananmen Gate in the center illuminated by five stars and encircled by spikes of
grain and a cogwheel.
Article 143

Source of information: Basic Law website>Full Text of the Constitution>,

https://www.basiclaw.gov.hk/en/constitution/chapter4.html

In short, the Constitution has stipulated on the national flag, national anthem, national
emblem and the Capital in Chapter IV which is applicable to the whole country.
Therefore, it is not necessary for the Basic Law to stipulate on them again in different
articles. On the other hand, Article 10(1) of the Basic Law stipulates a special provision,
“Apart from displaying the national flag and national emblem of the People’s Republic
of China, the Hong Kong Special Administrative Region may also use a regional flag
and regional emblem.” Stipulations on the regional flag and regional emblem are
specified in Article 10(2) and (3).

30
 Copyright © SPORTS FEDERATION & OLYMPIC COMMITTEE OF HONG
KONG, CHINA (SF&OC)

3. In 2021, fencer Edgar Cheung of the Hong Kong, China delegation won the gold
medal in the Men’s Foil Individual competition at the Tokyo Olympic Games.
During the Medal Ceremony, (i) which flag was hoisted? (ii) which song was played?
(i) Regional Flag.
(ii) National Anthem.

31
Summary

Paragraph 13 of the Preamble of the Constitution states that, “This Constitution affirms,
in legal form, the achievements of the struggles of the Chinese people of all ethnic
groups and stipulates the fundamental system and task of the state. It is the fundamental
law of the state and has supreme legal force. The people of all ethnic groups, all state
organs and armed forces, all political parties and social organizations, and all
enterprises and public institutions in the country must treat the Constitution as the
fundamental standard of conduct; they have a duty to uphold the sanctity of the
Constitution and ensure its compliance.”

The National People’s Congress (NPC) decided to establish the HKSAR in accordance
with Article 31 and Article 62(14) of the Constitution and enacted the Basic Law in
accordance with the Constitution. It is a common practice in countries around the world
that each state has its own sovereignty and has one constitution. The HKSAR is part of
the territory of our country, so the national Constitution is the Constitution of the
Special Administrative Region. The Constitution is the “mother law” and the Basic Law
is the “infra-law”. The Constitution is the legislative basis of the Basic Law. The
national Constitution is the constitutional basis of the Basic Law of the HKSAR. 3

3 Translated from 教育局（2020 年），《憲法》和《基本法》海報資源套 - 《憲法》和《基本

法》，https://www.edb.gov.hk/tc/curriculum-development/kla/pshe/basic-law-
education/cble_wallcharts/index.html

32
Worksheet 1: Constitutional Basis of the HKSAR

Source 1

Constitution
Chapter I - General Principles
Article 31
The state may establish special administrative regions when necessary. The systems
instituted in special administrative regions shall, in light of specific circumstances,
be prescribed by laws enacted by the National People’s Congress.
Chapter III - State Institutions Section 1 National People’s Congress
Article 57
The National People’s Congress of the People’s Republic of China is the highest
state organ of power. Its permanent organ is the National People’s Congress
Standing Committee.
Article 62(1) (14)
[The National People’s Congress shall exercise the following functions and
powers:]
14. deciding on the establishment of special administrative regions and the
systems to be instituted there;2

Source of information: Basic Law homepage > Constitution,

https://www.basiclaw.gov.hk/en/constitution/index.html

Source 2
Decision of the National People’s Congress on the Establishment of the
Hong Kong Special Administrative Region
(Adopted at the Third Session of the Seventh National People’s Congress on 4
April 1990)

In accordance with the provisions of Article 31 and sub-paragraph 133 of Article 62

of the Constitution of the People’s Republic of China, the Third Session of the
Seventh National People’s Congress decides:

1. The Hong Kong Special Administrative Region is to be established on July 1,

1997.
2. The area of the Hong Kong Special Administrative Region covers the Hong
Kong Island, the Kowloon Peninsula, and the islands and adjacent waters under
its jurisdiction. The map of the administrative division of the Hong Kong
Special Administrative Region will be published by the State Council
separately.

Source of information: Basic Law website > Basic Law > Annex & Instrument,
https://www.basiclaw.gov.hk/filemanager/content/en/files/basiclawtext/basiclawtext_doc12.pd
f

2 In the amendments to the Constitution adopted in 2018, a new sub-paragraph is added to Article 62
as sub-paragraph 7 and the original sub-paragraph 13 is accordingly changed to sub-paragraph 14.
3 Ditto.
33
Source 3

Basic Law
Preamble [Paragraphs 2 and 3]
Upholding national unity and territory integrity, maintaining the prosperity and
stability of Hong Kong, and taking account of its history and realities, the People’s
Republic of China has decided 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 socialist 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 enacts the Basic Law 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 implementation of the basic policies of the People’s Republic of China regarding
Hong Kong.
Chapter I - General Principles
Article 11(1)
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.
Source of information: Basic Law website > Basic Law,
https://www.basiclaw.gov.hk/en/basiclaw/index.html

Source 4

Basic Law
Chapter I - General Principles
Article 2
The National People’s Congress authorizes the Hong Kong Special Administrative
Region to exercise a high degree of autonomy and enjoy executive, legislative and
independent judicial power, including that of final adjudication, in accordance
with the provisions of this Law.

Source of information: Basic Law website > Basic Law> Chapter I,

https://www.basiclaw.gov.hk/en/basiclaw/chapter1.html

34
Source 5

Constitution
Chapter III - State Institutions Section 3 The State Council
Article 85
The State Council of the People’s Republic of China, namely, the Central People’s
Government, is the executive organ of the highest state organ of power; it is the
highest state administrative organ.
Source of information: Basic Law website > Constitution > Chapter III,
https://www.basiclaw.gov.hk/en/constitution/chapter3.html

Source 6

Basic 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.

Source of information: Basic Law website > Basic Law> Chapter II,
https://www.basiclaw.gov.hk/en/basiclaw/chapter2.html

1. (a) According to Source 1, when shall the state establish special administrative
regions as stipulated in Article 31 of the Constitution?
When necessary.

(b) Following the above question and according to paragraph 2 of the Basic
Law’s Preamble in Source 3, why shall the state establish the HKSAR?
Upholding national unity and territory integrity, maintaining the
prosperity and stability of Hong Kong, and taking account of its history
and realities.

(c) According to Article 31 of the Constitution, as mentioned in Source 3, the

provisions of which law shall the systems and policies practised in the
HKSAR based on?
Basic Law.

35
2. (a) According to Article 31 of the Constitution in Source 1, which organisation
shall, in light of specific circumstances, enact laws prescribing the systems
instituted in special administrative regions?
National People’s Congress.

(b) According to Source 2, under which two articles of the Constitution did the
NPC establish the HKSAR?
Article 31 and Article 62(13).

(c) According to Source 3, what are prescribed and ensured by the NPC’s
enactment of the Basic Law in accordance with the Constitution?
To prescribe the systems to be practised in the HKSAR and to ensure the
implementation of the basic policies of the PRC regarding Hong Kong.

3. (a) According to Source 4, by what means does the NPC allow the HKSAR to
exercise a high degree of autonomy in accordance with the provisions of the
Basic Law?
Authorization.

(b) Try to find out relevant information from Source 1 and explain why it was
the NPC which decided to adopt the means as mentioned in the answer to
3.(a) to allow the HKSAR to exercise a high degree of autonomy in
accordance with the Basic Law?
The NPC is the highest state organ of power.

4. (a) According to Source 5, the Central People’s Government (CPG) is the

highest state organ in what aspect?
Administrative.

(b) According to Source 6, what is special about the HKSAR as a local

administrative region of the PRC? What is its relationship with the CPG?
The HKSAR is a local administrative region of the PRC, which enjoys a
high degree of autonomy and comes directly under the CPG.

36
 Appendix 1

Know more: The People’s Congress System

All power in China belongs to the people. The organs through which the people
exercise state power are the NPC and the local people’s congresses. Therefore, the
people’s congress system is China’s fundamental political system. Its basic
characteristics are: It has extensive representation, and is the basic form for the
people to administer the country. It follows the principle of democratic centralism,
i.e., it guarantees that the people enjoy extensive democracy and rights, at the same
time guaranteeing that state power is exercised in a centralized and unified way.
Under the premise that the people’s congresses exercise the state power in a unified
way, the state’s administrative power, judicial authority, procuratorial authority and
the leadership over the armed forces are clearly divided to ensure that the organs
of state power and administrative, judicial, procuratorial and other state organs
work in a coordinated way.

Deputies to the people’s congresses at all levels are elected, and are responsible to
and accept supervision by the people. The deputies are broadly representative; they
include people from all ethnic groups, all walks of life, and all regions, classes and
strata. As they come from the people, they maintain close ties with their respective
constituencies and the electorates, and earnestly listen to their views and demands.
When the congresses meet to discuss issues concerning major policies and
principles, they can air their views fully and carry out the decisions after they have
been made. Hence, the people’s views can be collected and the people can
administer state affairs through the people’s congresses.

Each NPC shall have a term of five years and a session of the NPC shall be held
once every year. The session will be held in the first quarter of each year and shall
be convened by the National People’s Congress Standing Committee (NPCSC). If
the NPCSC deems it necessary, or one-fifth or more of NPC deputies so propose,
a session of the NPC may be convened in the interim. When the NPC holds a
session, it shall elect a presidium to conduct that session. Local people’s congresses
at all levels shall have a term of five years and shall meet in session at least once a
year. A session of a local people’s congress may be convened at any time upon the
proposal of one-fifth of its deputies. Sessions of local people’s congresses at or
above the county level shall be convened by their standing committees. People’s
congresses of townships, nationality townships and towns shall be convened by the
presidia of the previous session. A presidium shall be elected by each local
people’s congress at all levels when the latter holds a session. The presidium shall
preside over the session.
Sources of information: Constitution, Organic Law of the Local People’s Congresses
and Local People’s Governments of the People’s Republic of China, and Ministry of
Foreign Affairs of the People’s Republic of China website> About China>China
Briefing, https://www.fmprc.gov.cn/mfa_eng/ljzg_665465/zgjk_665467/

37
 Appendix 2

Know more: National People’s Congress (NPC)

and its Standing Committee (NPCSC)

Article 57 of the Constitution stipulates that “The National People’s Congress

of the People’s Republic of China is the highest state organ of power. Its
permanent organ is the National People’s Congress Standing Committee.”

The decision to establish the NPCSC was made according to the national
conditions of our country. There are close to 3,000 deputies to the NPC. (Article
15 of the Electoral Law of the National People’s Congress and Local People’s
Congresses of the People’s Republic of China stipulates that “The number of
deputies to the National People’s Congress shall not exceed 3,000.”) Since the
number of deputies to the NPC is fairly large, it is inconvenient to hold frequent
meetings to exercise NPC’s functions and powers as many of the deputies have
their own jobs. Therefore, a session of the NPC shall be held once every year
and usually lasts 15 days.

In order to solve related issues of the NPC, including that of a fairly large
number of deputies, the inconvenience to hold frequent meetings and a
relatively short meeting period, the NPC elects the NPCSC which is an organ
with fewer number of people. The NPCSC can meet more frequently to exercise
its functions and powers, and to discuss and decide on relevant matters.
Currently, the NPCSC has about 170 members and normally meets once every
two months that usually lasts 7 days. As a result, there are more than 40 meeting
days per year. When the NPC is not in session, the NPCSC can decide upon
major state issues and exercise the powers and functions of the highest state
organ of power more effectively.

Source of information: Translated from 中國人大網，http://www.npc.gov.cn/

38
Worksheet 2: Basic Law is a national law

Source 1

Constitution
Chapter III - State Institutions Section 1 National People’s Congress
Article 58
The National People’s Congress and the National People’s Congress Standing
Committee exercise the legislative power of the state.
Article 62(1) (3)
[The National People’s Congress shall exercise the following functions and powers:]
3. enacting and amending criminal, civil, state institutional and other basic
laws;

Source of information: Basic Law website>Constitution>Chapter III,

https://www.basiclaw.gov.hk/en/constitution/chapter3.html

Source 2

Which laws need to be enacted by the NPC?

Criminal, civil, state institutional and other basic laws need to be enacted by the
NPC. The name of “basic laws” suggests that they are laws of overall importance in
regulating state politics, economy and social life. … The Basic Law of the Hong
Kong Special Administrative Region and the Basic Law of the Macao Special
Administrative Region etc. are also basic laws. …

Source of information: Translated from 中國人大網 (2000),

http://www.npc.gov.cn/zgrdw/npc/rdgl/rdzd/2000-11/01/content_8829.htm

Text record of press conference by the General Office of the NPCSC [LI Fei, deputy
secretary general of the NPCSC cum Chairman of the HKSAR Basic Law
Committee]

… The NPC is the highest state organ of power. Its permanent organ is the NPCSC.
The Basic Law of the HKSAR is a basic law enacted by the NPC. … The Basic Law
of the HKSAR is a national law and is most important to the implementation of “one
country, two systems” in the SAR. …

Source of information: Translated from 中國人大網 (2016),

http://www.npc.gov.cn/zgrdw/npc/zhibo/zzzb39/node_363.htm

39
Source 3

Constitution
Chapter I - General Principles
Article 5(3)
No law, administrative regulation or local regulation shall be in conflict with the
Constitution.

Source of information: Basic Law website>Constitution>Chapter I,

https://www.basiclaw.gov.hk/en/constitution/chapter1.html

Legislation Law of the People’s Republic of China

Article 87
The legal effect of the Constitution is the highest, and no laws, administrative
regulations, local regulations, autonomous regulations, separate regulations or rules
whatever may contradict it.

Article 92
With regard to laws, administrative regulations, local regulations, autonomous
regulations, separate regulations or rules, if they are formulated by one and same
organ and if there is inconsistency between special provisions and general
provisions, the special provisions shall prevail; if there is inconsistency between the
new provisions and the old provisions, the new provisions shall prevail.

Source of information: Legislation Law of the People’s Republic of China, Gov.cn,

Chinese Government’ Official Web Portal (Article 87 and Article 92 from the amended
Legislation Law of the People’s Republic of China promulgated in 2015 are the original
Article 78 and Article 83 in the Law promulgated in 2000),
http://english1.english.gov.cn/laws/2005-08/20/content_29724.htm

40
Source 4

Decision of the National People’s Congress on the Basic Law of the Hong Kong
Special Administrative Region of the People’s Republic of China
(Adopted at the Third Session of the Seventh National People’s Congress on 4
April 1990)
The Third Session of the Seventh National People’s Congress adopts the Basic Law
of the Hong Kong Special Administrative Region of the People’s Republic of
China, including Annex I: Method for the Selection of the Chief Executive of the
Hong Kong Special Administrative Region, Annex II: Method for the Formation of
the Legislative Council of the Hong Kong Special Administrative Region and Its
Voting Procedures, Annex III: National Laws to be Applied in the Hong Kong
Special Administrative Region, and the designs of the regional flag and regional
emblem of the Hong Kong Special Administrative Region. Article 31 of the
Constitution of the People’s Republic of China provides: “The State may establish
special administrative regions when necessary. The systems to be instituted in
special administrative regions shall be prescribed by law enacted by the National
People’s Congress in the light of the specific conditions.” The Basic Law of the
Hong Kong Special Administrative Region is constitutional as it is enacted in
accordance with the Constitution of the People’s Republic of China and in the light
of the specific conditions of Hong Kong. The systems, policies and laws to be
instituted after the establishment of the Hong Kong Special Administrative Region
shall be based on the Basic Law of the Hong Kong Special Administrative Region.
The Basic Law of the Hong Kong Special Administrative Region of the People’s
Republic of China shall be put into effect as of July 1, 1997.

Source of information: Basic Law website>Basic Law>Annex & Instrument,

https://www.basiclaw.gov.hk/en/basiclaw/annex-instrument.html

Source 5

Constitution
Chapter III - State Institutions
Section 2 The President of the People’s Republic of China
Article 80
The president of the People’s Republic of China, pursuant to decisions of the
National People’s Congress and the National People’s Congress Standing
Committee, promulgates laws....
Source of information: Basic Law website>Constitution>Chapter III,
https://www.basiclaw.gov.hk/en/constitution/chapter3.html

41
Source 6

The Basic Law of the Hong Kong Special Administrative Region of the People’s
Republic of China was adopted by the Seventh National People’s Congress at its
Third Session on 4 April 1990 and was promulgated by the President of the People’s
Republic of China, Yang Shangkun, on the same day:

Decree of the President of the People’s Republic of China

No. 26

I hereby promulgate the Basic Law of the Hong Kong Special

Administrative Region of the People’s Republic of China, including Annex I,
“Method for the Selection of the Chief Executive of the Hong Kong Special
Administrative Region”, Annex II, “Method for the Formation of the
Legislative Council of the Hong Kong Special Administrative Region and Its
Voting Procedures”, Annex III, “National Laws to be Applied in the Hong
Kong Special Administrative Region”, and the designs of the regional flag and
regional emblem of the Hong Kong Special Administrative Region, which was
adopted by the Seventh National People’s Congress of the People’s Republic
of China at its Third Session on 4 April 1990 and shall be put into effect as of
1 July 1997.

Yang Shangkun
Preisdent of
the People’s
Republic of China
Source of information: Basic Law website>Basic Law,
https://www.basiclaw.gov.hk/en/basiclaw/index.html

1. (a) According to Source 1, the NPC exercises the legislative power of the state.
With reference to its functions and powers, what national laws are enacted
and amended by the NPC?
Criminal, civil, state institutional and other basic laws.

(b) According to Source 2, what is the importance of the national laws mentioned
in the answer to 1.(a)?
They are laws of overall importance in regulating state politics, economy
and social life.

(c) According to Source 2, the Basic Law is a basic law enacted by the NPC.
What is its legal status?
A national law.

42
2. (a) According to Source 3, the legal effect of the Constitution is the highest. How
are laws, administrative regulations, local regulations, autonomous
regulations, separate regulations or rules related to the Constitution?
None of them may contradict the Constitution.

(b) Both the Constitution and the Basic Law were enacted by the NPC. Which
provision of Article 92 of the Legislation Law of the People’s Republic of
China in Source 3 does this comply with?

Formulated by one and same organ.

43
Think about it

What is the relationship among Decision of the National People’s Congress

on the Basic Law of the Hong Kong Special Administrative Region of the
People’s Republic of China (Sources 4), the Constitution (Source 5 ) and
Decree of the President of the People’s Republic of China, No. 26 (Source 6)?

Source 4 is about the decision of the NPC on enacting the Basic Law in
accordance with the Constitution. Source 5 is about the Constitution’s
stipulation that the President of the PRC, pursuant to decisions of the NPC,
promulgates laws. Accordingly, Source 6 is about Yang Shangkun, then
President of the PRC, promulgating the Basic Law, pursuant to the decision of
the NPC in 1990.

44
 Module 2.2: Governance of the HKSAR
(Lesson 2)
Learning and Teaching Materials

Introduction

The Central Authorities exercising overall jurisdiction over the

HKSAR

As prescribed in the Constitution of the PRC and the Basic Law of the HKSAR, the
organs of power by which the central leadership directly exercises jurisdiction over the
HKSAR are the NPC and its Standing Committee, the president of the state, the Central
People’s Government, and the Central Military Commission. The NPC decided on the
establishment of the HKSAR, formulated the Basic Law of the HKSAR to prescribe
the system to be instituted in the HKSAR, and has the power of amendment to the Basic
Law. The NPC Standing Committee has the power of interpretation regarding the Basic
Law of the HKSAR, the power of decision on revising the selection methods of the
chief executive and the Legislative Council of the HKSAR, the power of supervision
over the laws formulated by the legislative organs of the HKSAR, the power of decision
on the HKSAR entering a state of emergency, and the power of making new
authorization for the HKSAR. The HKSAR comes directly under the Central People’s
Government, and its chief executive is accountable to the Central People’s Government.
The Central People’s Government appoints the chief executive and the principal
officials, is responsible for foreign affairs relating to the HKSAR in accordance with
the law, and issues directives to the chief executive. The Central Military Commission
is the leading body of the Hong Kong garrison, and performs defense and other duties.
The central authorities perform overall jurisdiction and constitutional duties as
prescribed in the Constitution of the People’s Republic of China and in the Basic Law
of the HKSAR, and exercise effective administration over the HKSAR. 4

The Constitution and the Basic Law together create the constitutional foundations
underpinning the HKSAR. They grant the central authorities overall jurisdiction over
the region, detail the powers directly exercised by the central authorities, empower the
HKSAR to exercise a high degree of autonomy, and confirm the central authorities’
right to supervise the exercise of this autonomy. The direct powers of the central
authorities are to establish the HKSAR, decide on its systems, organize its government,
manage foreign affairs and defense affairs related to the HKSAR, appoint the Chief
Executive and principal officials, archive and review legislation of the HKSAR, and
amend and interpret the Basic Law. The central authorities also exercise the power to
decide on the system of democracy in the region. 5

4 Information Office of the State Council, The PRC (2014), The Practice of the “One Country, Two
Systems” Policy in the Hong Kong Special Administrative Region,
http://english.www.gov.cn/archive/white_paper/2014/08/23/content_281474982986578.htm
5 Information Office of the State Council, The PRC (2021), Hong Kong Democratic Progress under the
Framework of “One Country, Two Systems”, https://www.chinadailyhk.com/article/252582#Full-text:-
White-paper-on-Hong-Kong's-democratic-development

45
Hong Kong affairs which are the responsibility of the Central
Authorities:
Activity 2:

Stipulations of the Basic Law that are related to the functions and powers of central
state institutions can be roughly divided into 7 aspects:

No. Stipulations of the Relevant articles of the Basic Law (Examples)

Basic Law that are
related to the functions
and powers of central
state institutions
1. Foreign affairs Article 13(1), (2)
The Central People’s Government shall be
responsible for the foreign affairs relating to the
Hong Kong Special Administrative Region.
The Ministry of Foreign Affairs of the People’s
Republic of China shall establish an office in Hong
Kong to deal with foreign affairs.
2. Defence Article 14(1), (3)
The Central People’s Government shall be
responsible for the defence of the Hong Kong
Special Administrative Region.
Military forces stationed by the Central People’s
Government in the Hong Kong Special
Administrative Region for defence shall not
interfere in the local affairs of the Region. …
3. Appointment Article 45(1)
The Chief Executive of the Hong Kong Special
Administrative Region shall be selected by election
or through consultations held locally and be
appointed by the Central People’s Government.
4. Matters that the Article 90(2)
HKSAR shall report to In the case of the appointment or removal of judges
the Central Authorities of the Court of Final Appeal and the Chief Judge of
for the record the High Court of the Hong Kong Special
Administrative Region, the Chief Executive shall,
in addition to following the procedures prescribed
in Articles 88 and 89 of this Law, obtain the
endorsement of the Legislative Council and report
such appointment or removal to the Standing
Committee of the National People’s Congress for
the record.

46
No. Stipulations of the Relevant articles of the Basic Law (Examples)
Basic Law that are
related to the functions
and powers of central
state institutions
5. Matters that can be
implemented by the
Government of the
HKSAR with the
authorization, approval
or special permission by
the Central Authorities
(i) Authorization Article 13(3)
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.
(ii) Approval Article 157(1)
The establishment of foreign consular and other
official or semi-official missions in the Hong Kong
Special Administrative Region shall require the
approval of the Central People’s Government.
(iii) Special Article 126
permission With the exception of foreign warships, access for
which requires the special permission of the
Central People’s Government, ships shall enjoy
access to the ports of the Hong Kong Special
Administrative Region in accordance with the laws
of the Region.
6. Interpretation and Article 158(1)
Amendment of the The power of interpretation of this Law shall be
Basic Law vested in the Standing Committee of the National
People’s Congress.
Article 159(1)
The power of amendment of this Law shall be
vested in the National People’s Congress.
7. Application of national Article 18(2), (3)
laws in the HKSAR National laws shall not be applied in the Hong
Kong Special Administrative Region except for
those listed in Annex III to this Law. The laws listed
therein shall be applied locally by way of
promulgation or legislation by the Region.

47
No. Stipulations of the Relevant articles of the Basic Law (Examples)
Basic Law that are
related to the functions
and powers of central
state institutions
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 specified by this
Law.

48
Please fill in the number of the most relevant functions and powers of central state
institutions next to each of the following photos or materials.
No. of
functions
and powers
3

30 May 2022 at Ziguang Pavilion of Zhongnanhai, Beijing

7

49
 No. of
functions
and powers
2

On the right side is the Chinese People’s Liberation Army Forces

Hong Kong Building. On the left side a People’s Liberation Army
warship berthed at the Central Military Dock.
1

Office of the Commissioner of the Ministry of Foreign Affairs of the

People’s Republic of China in the Hong Kong Special
Administrative Region

50
 No. of
function
s and
powers
The Chief Executive, Mrs Carrie Lam, today (June 24) signed the 4
instrument of appointment of the Honourable Mr Justice Andrew
Cheung Kui-nung as the Chief Justice of the Court of Final Appeal
with effect from January 11, 2021, and reported the appointment to
the Standing Committee of the National People's Congress
(NPCSC) for the record, completing the relevant legal procedures
for the appointment of the Chief Justice of the Court of Final
Appeal. …
Source of information: CE appoints Chief Justice of the Court of Final Appeal,
24 June 2020, Press Releases, HKSAR Government,
https://www.info.gov.hk/gia/general/202006/24/P2020062400849.htm?fontSiz
e=1

The applications for warships of the United States to enter Hong Kong 5. (iii)
are directly lodged by the American Consulate General with the Office
of the Commissioner of the Ministry of Foreign Affairs of the People’s
Republic of China in the Hong Kong Special Administrative Region
(MFA Office). Before the CPG decided to reject access of warships of the
United States to Hong Kong waters between May and August, the
Government of the HKSAR (HKSARG) had not presented any views to
the MFA Office. In refusing access of warships of the United States to
Hong Kong, the MFA indicated that in view of the circumstances at that
time, the visit by those warships to Hong Kong was not appropriate.
According to our records, permissions have been given to warships of
Italy, Australia and the United States to visit Hong Kong since July and a
total of three warships of the United States had been granted permission
to enter Hong Kong by the CPG since mid-August.
Source of information: LCQ6: CPG responsible for foreign affairs relating to
HKSAR, 13 October 1999, Press Releases, HKSAR Government,
https://www.info.gov.hk/gia/general/199910/13/1013139.htm

51
Worksheet 3: The Central Authorities are responsible for the defence
of the HKSAR

Source 1
According to reports, more than 600,000 Hong Kong citizens have visited the
barracks on the Hong Kong Garrison’s Open Days up to July last year. They have
indicated that there are not many opportunities for them to be in touch with the
People’s Liberation Army. Through visiting the barracks, they can have a glimpse
of the glamorous Hong Kong Garrison at close quarters and first hand experience
of the latest military development of the country.
…
Visits to the living facilities have also been arranged during the Open Days so that
citizens can get a fuller picture of the Garrison. In sleeping quarters, citizens can
have a look at the quilts being folded like “tofu cubes” and personal experience of
資料來源：人民日報海外版（2016 年 6 月 24 日） ，《港人熱盼駐港部隊開放日》 ，載於
the conditions of officers’ and soldiers’ daily life. The Hong Kong Garrison’s Open
中
Days become the bridge that facilitate the understanding of the Hong Kong Garrison
by different sectors of the community and reinforce mutual communication and
exchange.
Source of information: Translated from 人民日報海外版（2016 年 6 月 24 日）
，《港人熱盼
駐港部隊開放日》，載於中華人民共和國外交部駐香港特別行政區特派員公署網頁,
https://www.fmprc.gov.cn/ce/cohk/chn/xwdt/xjlc/t1375107.htm

Source 2

Basic Law
Chapter II - Relationship between the Central Authorities and the Hong Kong
Special Administrative Region
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 interfere 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
garrison in the maintenance of public order and in disaster relief.
In addition to abiding by national laws, members of the garrison shall abide by the
laws of the Hong Kong Special Administrative Region.
Expenditure for the garrison shall be borne by the Central People’s Government.

Source of information: Basic Law website>Basic Law>Chapter II,

https://www.basiclaw.gov.hk/en/basiclaw/chapter2.html

52
Source 3

Law of the People’s Republic of China on Garrisoning the Hong Kong

Special Administrative Region
Article 2
The military forces stationed by the Central People’s Government in the Hong Kong
Special Administrative Region for defence shall be composed of forces from the
Army, the Navy and the Air Force of the Chinese People’s Liberation Army, and be
designated as the Hong Kong Garrison of the Chinese People’s Liberation Army
(hereinafter referred to as the Hong Kong Garrison).
Article 3(1)
The Hong Kong Garrison shall be subject to the direction of the Central Military
Commission of the People’s Republic of China. The number of its members shall
be determined according to the need for the defence of the Hong Kong Special
Administrative Region.
Article 14(2)
Where the request of the Government of the Hong Kong Special Administrative
Region is approved by the Central People’s Government, the Hong Kong Garrison
shall call out troops in accordance with the order of the Central Military
Commission to carry out tasks of assistance in the maintenance of public order or
in disaster relief, and upon completion of the tasks, the troops shall return to their
barracks immediately.

Source of information: National People’s Congress of the People’s Republic of

China>Database of Laws and Regulations>,
http://www.npc.gov.cn/zgrdw/englishnpc/Law/2007-12/11/content_1383602.htm
---------------------------------------------------------------------------------------------------------
---
Supplementary information:
Law of the People’s Republic of China on Garrisoning the Hong Kong Special
Administrative Region was adopted at the 23rd Meeting of the Standing Committee
of the Eighth National People’s Congress on December 30, 1996 on 30 December
1996.
On 1 July 1997, the “Decision of the Standing Committee of the National People’s
Congress on Adding to and Deleting from the List of the National Laws in Annex
III to the Basic Law of the Hong Kong Special Administrative Region of the
People’s Republic of China” was adopted at the 26th Meeting of the Standing
Committee of the Eighth National People’s Congress, which included the addition
of the Law of the People’s Republic of China on Garrisoning the Hong Kong
Special Administrative Region. It applied locally by way of promulgation on 1 July
1997.

53
Source 4
Constitution
Chapter III - State Institutions Section 4 The Central Military
Commission
Article 93(1)
The Central Military Commission of the People’s Republic of China shall lead the
country’s armed forces.
Source of information: Basic Law website>Constitution> Chapter III,
https://www.basiclaw.gov.hk/en/constitution/chapter3.html

1. (a) According to Source 1, what is the daily relationship between the Hong Kong
citizens and the Hong Kong Garrison?
There are not many opportunities for the Hong Kong citizens to be in
touch with the Hong Kong Garrison.

(b) Which provision of the Basic Law in Source 2 can explain the relationship
mentioned in the answer to 1.(a)?
Military forces stationed by the CPG in the HKSAR for defence shall not
interfere in the local affairs of the Region.

2. (a) According to sources 2 and 3, which organization is responsible for the

defence of the HKSAR?
CPG.

(b) According to sources 2 and 3, which organization is responsible for

stationing the Hong Kong Garrison?
CPG.

3. (a) According to source 2, when may the Government of the HKSAR ask the
CPG for assistance from the garrison in the maintenance of public order and
in disaster relief?
When necessary.

54
(b) Following the above question and according to source 3, after the request of
the Government of the HKSAR is approved by the CPG, the Hong Kong
Garrison shall call out troops in accordance with the order of which
organization to carry out tasks of assistance in the maintenance of public
order or in disaster relief, and upon completion of the tasks, the troops shall
return to their barracks immediately?
Central Military Commission.

(c) According to the Law of the People’s Republic of China on Garrisoning the
Hong Kong Special Administrative Region in source 3, why should the Hong
Kong Garrison comply with the orders of the organisation mentioned in the
answer to 3.(b)?
It is because the Hong Kong Garrison is subject to the direction of the
Central Military Commission.

(d) According to source 4, why is the provision mentioned in the answer to 3.(c)
stipulated in the Law of the People’s Republic of China on Garrisoning the
Hong Kong Special Administrative Region?
It is because the Central Military Commission leads the country’s armed
forces.

55
Worksheet 4: The CPG exercises power of appointment over the
HKSAR

Source 1

Basic Law
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 45(1)
The Chief Executive of the Hong Kong Special Administrative Region shall be
selected by election or through consultations held locally and be appointed by the
Central People’s Government.
Article 48(1) (5)
[The Chief Executive of the Hong Kong Special Administrative Region shall
exercise the following powers and functions:]
(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, Commissioner Against Corruption,
Director of Audit, Commissioner of Police, Director of Immigration and
Commissioner of Customs and Excise; and to recommend to the Central
People’s Government the removal of the above-mentioned officials;
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(1)
The head of the Government of the Hong Kong Special Administrative Region shall
be the Chief Executive of the Region.
Source of information: Basic Law website>Basic Law>Chapter II,
https://www.basiclaw.gov.hk/en/basiclaw/chapter4.html

1. (a) According to Article 43 of the Basic Law in Source 1, what are the special
status of the Chief Executive (CE) in the HKSAR?
The CE of the HKSAR shall be the head of the HKSAR and shall
represent the Region.

56
 (b) According to Source 1, which organisation is responsible for appointing the
CE?
CPG.

(c) Referring to Source 6 of “Worksheet 1: Constitutional Basis of the HKSAR”,

why should the organisation mentioned in the answer to 1.(b) be responsible
for appointing the CE?
The HKSAR comes directly under the CPG.

2. (a) According to Source 1, which organisation is responsible for appointing

principal officials of the Government of the HKSAR?
CPG.

(b) According to Source 1, what is the relevant procedure before the organisation
mentioned in the answer to 2.(a) appoints principal officials of the
Government of the HKSAR?
The CE of the HKSAR nominates and reports to the CPG for appointment
of the principal officials.

(c) Following the above question and according to Source 1, why is it necessary
to appoint principal officials of the Government of the HKSAR through the
procedure mentioned in the answer to 2.(b)?
The head of the Government of the HKSAR is the CE of the HKSAR and
is accountable to the CPG and the HKSAR in accordance with the
provisions of the Basic Law.

57
 Homework 1: reporting for the record, authorization,
approval, special permission

Part 1: Matters that the HKSAR shall report to the Central Authoritie for the
record
The left column in the following table lists the provisions of the Basic Law on matters
that the HKSAR shall report to the Central Authorities for the record. Please put a “”
in the appropriate boxes.

Standing Central
Committee of People’s
the National Government
People’s
Congress
Article 17 (2) 
Laws enacted by the legislature of the Hong Kong
Special Administrative Region must be reported to the
__________ for the record. The reporting for record
shall not affect the entry into force of such laws.
Article 48(1) (3) (2) 
[The Chief Executive] To sign budgets passed by the
Legislative Council and report the budgets and final
accounts to the __________ for the record
Article 90 (2) 
In the case of the appointment or removal of judges of
the Court of Final Appeal and the Chief Judge of the
High Court of the Hong Kong Special Administrative
Region, the Chief Executive shall, in addition to
following the procedures prescribed in Articles 88 and
89 of this Law, obtain the endorsement of the
Legislative Council and report such appointment or
removal to the __________ for the record.
Article 156 
The Hong Kong Special Administrative Region may,
as necessary, establish official or semi-official
economic and trade missions in foreign countries and
shall report the establishment of such missions to the
__________ for the record.

58
Part 2: Matters that require the authorization, approval or special permission by
the Central Authorities before the implementation by the HKSAR

The left column in the following table lists matters that require the authorization,
approval or special permission by the Central Authorities before the implementation by
the HKSAR. Please put a “” in the appropriate boxes.

Authorize(d) Approval Special

permission

Article 48(1) (9) 

[The Chief Executive] To conduct, on
behalf of the Government of the Hong
Kong Special Administrative Region,
external affairs and other affairs as
__________ by the Central Authorities
Article 126 
… With the exception of foreign warships,
access for which requires the __________
of the Central People’s Government, …
Article 129(2) 
Access of foreign state aircraft to the
Hong Kong Special Administrative
Region shall require the __________ of
the Central People’s Government.
Article 155 
The Central People’s Government shall
assist or __________ the Government of
the Hong Kong Special Administrative
Region to conclude visa abolition
agreements with foreign states or regions.
Article 157(1) 
The establishment of foreign consular and
other official or semi-official missions in
the Hong Kong Special Administrative
Region shall require the __________ of
the Central People’s Government.

59
 Module 2.2: Governance of the HKSAR
(Lesson 3)
Learning and Teaching Materials

Aspects of HKSAR’s high degree of autonomy

Activity 3

There are roughly 5 aspects regarding the high degree of autonomy of the HKSAR in
the Basic Law:

No. Aspects regarding the Relevant articles of the Basic Law (Examples)
high degree of
autonomy of the
HKSAR in the Basic
Law
1. Executive power Article 2
(including the The National People’s Congress authorizes the
authorization for the Hong Kong Special Administrative Region to
HKSAR to conduct some exercise a high degree of autonomy and enjoy
“external affairs” in the executive, legislative and independent judicial
Basic Law) power, including that of final adjudication, in
accordance with the provisions of this Law.
2. Legislative power Article 73(1) item 1
[The Legislative Council of the Hong Kong Special
Administrative Region shall exercise the following
powers and functions:]
1. To enact, amend or repeal laws in accordance
with the provisions of this Law and legal
procedures;
3. Independent judicial Article 82
power, including that of The power of final adjudication of the Hong Kong
final adjudication 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 jurisdictions to sit on the Court of Final
Appeal.
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.

60
No. Aspects regarding the Relevant articles of the Basic Law (Examples)
high degree of
autonomy of the
HKSAR in the Basic
Law
4. HKSAR may enjoy other Article 159(2)
powers granted to it by The power to propose bills for amendments to this
the Central Authorities Law shall be vested in the Standing Committee of
(e.g. HKSAR has the the National People’s Congress, the State Council
power to propose bills for
and the Hong Kong Special Administrative
amendments to the Basic Region. Amendment bills from the Hong Kong
Law) Special Administrative Region shall be submitted
to the National People's Congress by the delegation
of the Region to the National People’s Congress
after obtaining the consent of two-thirds of the
deputies of the Region to the National People’s
Congress, two-thirds of all the members of the
Legislative Council of the Region, and the Chief
Executive of the Region.
5. Other powers related to Article 10(1)
the high degree of Apart from displaying the national flag and
autonomy national emblem of the People’s Republic of
China, the Hong Kong Special Administrative
Region may also use a regional flag and regional
emblem.

61
Please fill in the number of the most relevant aspect of the high degree of autonomy of
the HKSAR next to each of the following photos or materials.
No. of the
aspects of the
high degree of
autonomy
1

62
 No. of the
aspects of the
high degree of
autonomy
4

Source of photo: Chief Executive’s Office

Worksheet 5: The HKSAR enjoys executive power

Source 1

Basic Law
Chapter I - General Principles
Article 2
The National People’s Congress authorizes the Hong Kong Special Administrative
Region to exercise a high degree of autonomy and enjoy executive, legislative and
independent judicial power, including that of final adjudication, in accordance with
the provisions of this Law.
Chapter II - Relationship between the Central Authorities and the Hong Kong
Special Administrative Region
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.
Source of information: Basic Law website>Basic Law,
https://www.basiclaw.gov.hk/en/basiclaw/index.html

63
Source 2

Source of information: GovHK-one-stop portal of the Hong Kong SAR Government (July 2024) > Organisational Chart of the Government,
https://www.gov.hk/en/about/govdirectory/govchart/index.htm

64
1. (a) According to Source 1, by what means does the NPC allow the HKSAR to
exercise a high degree of autonomy in accordance with the provisions of the
Basic Law?
Authorization.

(b) Following the above question, what are covered under the high degree of
autonomy practised in the HKSAR?
Executive, legislative and independent judicial power, including that of
final adjudication.

(c) According to Source 1, how does the HKSAR enjoy “executive power”?
The HKSAR shall, on its own, conduct the administrative affairs of the
HKSAR in accordance with the relevant provisions of the Basic Law.

2. Referring to Source 2, try to name three government departments and point out the
administrative affairs of the HKSAR that the respective departments can handle
on their own?

Name of the Department Administrative Affairs

Example Post Office Postal affairs

(a) Immigration Department Immigration control

(b) The Land Registry Land registration

(c) Social Welfare Department Social welfare

65
Worksheet 6: The HKSAR enjoys legislative power

Source 1

Basic Law

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

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 Standing 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
conformity 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 amend 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.

Chapter IV - Political Structure Section 3 The Legislature

Article 66
The Legislative Council of the Hong Kong Special Administrative Region shall be
the legislature of the Region.

Source of information: Basic Law website> Basic Law,

https://www.basiclaw.gov.hk/en/basiclaw/index.html

66
Source 2
Legislation Law of the People’s Republic of China
(Adopted at the Third Session of the Ninth National People’s Congress on 15
March 2000; amended in accordance with the Amendment to the
Legislation Law of the People’s Republic of China adopted at the Third
Session of the Twelfth National People’s Congress on 15 March 2015)

Article 97
[The limits of power for altering or annulling laws, administrative regulations,
local regulations, autonomous regulations, separate regulations or rules are as
follows:]
(2) The Standing Committee of the National People’s Congress has the power to
annul any administrative regulations which contradict the Constitution and
laws, to annul any local regulations which contradict the Constitution, laws or
administrative regulations, and to annul any autonomous regulations or separate
regulations which have been approved by the standing committees of the
people’s congresses of the relevant provinces, autonomous regions or
municipalities directly under the Central Government but which contravene the
Constitution or the provision of the second paragraph in Article 75(2) of this
Law

Source of information: Legislation Law of the People’s Republic of China, Gov.cn, China
Government’ Official Web Portal (Article 97(2) from the amended Legislation Law of the
People’s Republic of China promulgated in 2015 is the original Article 88(2) in the Law
promulgated in 2000), http://english1.english.gov.cn/laws/2005-08/20/content_29724.htm

1. (a) According to Source 1, which organisation is responsible for enacting the

laws of the HKSAR?
LegCo.

67
 (b) Apart from the enactment of laws by the legislature of the HKSAR, there are
some steps in the relevant procedure need to be completed. Please fill in the
blanks of the following flow chart according to Source 1:

bills considered and enacted by

the LegCo

• reports the laws to

the NPCSC for the
laws signed by the CE
and promulgated by record
gazette
• shall not affect the
entry into force of

(c) According to source 1, under what conditions will the NPCSC return the
law enacted by the legislature of the HKSAR but shall not amend it?
If the NPCSC considers that the law is not in conformity with the
provisions of the Basic Law regarding affairs within the responsibility of
the Central Authorities or regarding the relationship between the Central
Authorities and the HKSAR.

(d) Following the above questions, what will happen to a law when it is returned
by the NPCSC?
It shall immediately be invalidated.

2. (a) According to source 2, under what conditions will the NPCSC annul laws,
administrative regulations, local regulations, autonomous reguations and
separate regulations?
When they contradict the Constitution, relevant laws and regulations.

68
(b) Following the above question, the NPCSC will only return a law enacted by
the legislature of the HKSAR under specified circumstances but shall not
amend it. It is different from the practice mentioned in 2.(a). What does this
show?
Under the principle of “one country, two systems”, the HKSAR enjoys a
high degree of autonomy.

69
Worksheet 7: The HKSAR enjoys independent judicial power,
including that of final adjudication

Source 1

Basic Law
Chapter II - Relationship between the Central Authorities and the Hong Kong
Special Administrative 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 jurisdiction
over all cases in the Region, except that the restrictions 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 binding on the courts.
Before issuing such a certificate, the Chief Executive shall obtain a certifying
document from the Central People’s Government.
Chapter IV - Political Structure 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(2)
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 jurisdictions to sit on the Court of Final
Appeal.
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.

Source of information: Basic Law website>Basic Law,

https://www.basiclaw.gov.hk/en/basiclaw/index.html

70
Source 2

The Supreme People’s Court is the highest judicial organ and the Supreme People’s
Procuratorate is the highest legal oversight organ. According to the stipulations of the
Basic Laws of the Special Administrative Regions (SARs), SARs shall be vested with
independent judicial power, including that of final adjudication. Therefore, judiciaries
and legal departments in the SARs have no affiliation with state judicial and legal
oversight organs. …
According to the Basic Laws of the SARs, the judicial systems previously practised
in the SARs shall be maintained and are not influenced by the judicial system on the
mainland. Each SAR has its own Court of Final Appeal and the final adjudication of
cases is not exercised by the Supreme People’s Court. There is no higher adjudicatory
organ above the Courts of Final Appeal of the SARs and the Supreme People’s Court.
So “one country, two judicial systems” has taken shape in China.
Source of information: Translated from 王振民（2017 年）
，《 “一國兩制” 與基本法：歷
史、現實與未來》，香港：三聯書店（香港）有限公司, p.97 and p.128.

1. (a) According to Source 1, how does the Basic Law guarantee that the HKSAR
enjoys the independent judicial power?
The courts of the HKSAR 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.

(b) According to Source 1, what do the courts of the HKSAR have no jurisdiction
over?
Acts of state such as defence and foreign affairs.

2. (a) According to Source 1, what changes took place in the judicial system
previously practised in Hong Kong at the time of Hong Kong’s return to
China?
The establishment of the Court of Final Appeal of the HKSAR.

(b) Following the above question, what power is the organisation mentioned in
the answer to 2.(a) responsible for exercising?
The power of final adjudication of the HKSAR.

71
3. (a) According to Source 2, why do the judiciaries and legal departments in the
SARs have no affiliation with state judicial and legal oversight organs?
It is because SARs shall be vested with independent judicial power,
including that of final adjudication.

(b) Following the above question, how does the author of Source 2 summarise
the relationship between judicial systems on the mainland and in Hong Kong?
“One country, two judicial systems”.

72
 Homework 2: The power of interpretation of the Basic Law
is vested in the NPCSC

Watch the video clip Origin of the Basic Law (Chinese only)

Watch the following video clip about the Origin of the Basic Law (Chinese only), and
then answer the questions.

Origin of the Basic Law (Chinese only) [Duration: 4 minutes]

[Web link: Basic Law website>Promotion Activities>30th Anniversary of the
Promulgation of the Basic Law>Origin of the Basic Law (Chinese only)
https://www.basiclaw.gov.hk/en/promotion/anniversary30/video.html]

1. Where does the NPCSC’s power to interpret laws originate from?

Constitution.

2. The power of interpretation of the Basic Law is vested in which organization?

NPCSC.

3. The power of amendment of the Basic Law is vested in which organization?

NPC.

73
 Module 2.2: Governance of the HKSAR
(Lesson 4)
Learning and Teaching Materials

Interpretation and amendment of the Basic Law

Activity 4

The following table shows the information about the five interpretations of the Basic
Law that have been adopted by the NPCSC since Hong Kong’s return to China (as of
April 2021):

NPC Standing
Date Committee No. of Basic Ways to request for an
Term Session Law articles interpretation
26 June 9th 10th Articles 22(4) the State Council submitted a
1999 and 24(2) (3) motion upon the report furnished
by the Chief Executive of the
HKSAR
6 April 10th 8th Article 7 of the NPCSC Council of
2004 Annex I and Chairmen submitted the motion
Article 3 of
Annex II
27 April 10th 15th Article 53(2) the State Council submitted a
2005 motion upon the report furnished
by the Chief Executive of the
HKSAR
26 August 11th 22nd Articles 13(1) the Court of Final Appeal of the
2011 and 19 HKSAR sought an interpretation
from the NPCSC
7 12th 24th Article 104 the NPCSC Council of
November Chairmen submitted the motion
2016

1. According to the above table, how many ways are there to request for an
interpretation of the Basic Law by the NPCSC?
Three.

2. Following the above question, how many of these ways start from the HKSAR?
Two.

74
Worksheet 8: Interpretation of the Basic Law

Source 1

Constitution
Chapter III - State Institutions Section 1 The National People’s
Congress
Article 67(1) (4)
[The National People’s Congress Standing Committee shall exercise the following
functions and powers:]
(4) interpreting laws

Source of information: Basic Law website>Constitution>Chapter III,

https://www.basiclaw.gov.hk/en/constitution/chapter3.html

Source 2
Legislation Law of the People’s Republic of China
(Adopted at the Third Session of the Ninth National People’s Congress on 15
March 2000; amended in accordance with the Amendment to the
Legislation Law of the People’s Republic of China adopted at the Third
Session of the Twelfth National People’s Congress on 15 March 2015)
Article 45
The power of legal interpretation belongs to the Standing Committee of the National
People’s Congress.
A law shall be interpreted by the Standing Committee of the National People’s
Congress if:
(1) the specific meaning of a provision needs to be further defined; or
(2) after its enactment, new developments make it necessary to define the basis
on which to apply the law.
Article 46
The State Council, the Central Military Commission, the Supreme People’s Court,
the Supreme People’s Procuratorate, a special committee of the National People’s
Congress and the standing committee of the people’s congress of a province,
autonomous region or municipality directly under the Central Government may
request the Standing Committee of the National People’s Congress to give legal
interpretation.

Source of information: Legislation Law of the People’s Republic of China, Gov.cn, China
Government’ Official Web Portal (Article 45 and Article 46 from the amended Legislation
Law of the People’s Republic of China promulgated in 2015 are the original Article 42 and
Article 43 respectively in the Law promulgated in 2000),
http://english1.english.gov.cn/laws/2005-08/20/content_29724.htm

75
Source 3

Basic Law
Chapter VIII - Interpretation and Amendment of the Basic Law
Article 158
The power of interpretation of this Law shall be vested in the Standing Committee
of the National People’s Congress.
The Standing Committee of the National People’s Congress shall authorize the
courts of the Hong Kong Special Administrative Region to interpret on their own, in
adjudicating cases, the provisions of this Law which are within the limits of the
autonomy of the Region.
The courts of the Hong Kong Special Administrative Region may also interpret other
provisions of this Law in adjudicating cases. However, if the courts of the Region,
in adjudicating cases, need to interpret the provisions of this Law concerning affairs
which are the responsibility of the Central People’s Government, or concerning the
relationship between the Central Authorities and the Region, and if such
interpretation will affect the judgments on the cases, the courts of the Region shall,
before making their final judgments which are not appealable, seek an interpretation
of the relevant provisions from the Standing Committee of the National People’s
Congress through the Court of Final Appeal of the Region. When the Standing
Committee makes an interpretation of the provisions concerned, the courts of the
Region, in applying those provisions, shall follow the interpretation of the Standing
Committee. However, judgments previously rendered shall not be affected.
The Standing Committee of the National People’s Congress shall consult its
Committee for the Basic Law of the Hong Kong Special Administrative Region
before giving an interpretation of this Law.

Source of information: Basic Law website>Basic Law>Chapter VIII,

https://www.basiclaw.gov.hk/en/basiclaw/chapter8.html

Source 4
Thus, certain basic propositions are authoritatively established. Under the
constitutional framework of the Hong Kong Special Administrative Region, the
Basic Law is a national law of the PRC, having been enacted by the National
People’s Congress pursuant to Article 31 of the Constitution of the PRC. The
NPCSC’s power to interpret the Basic Law derives from Article 67 (4) of the
Constitution of the PRC and is provided for expressly in the Basic Law itself in
BL158 (1) and is in general and unqualified terms. The exercise of interpretation of
the Basic Law under PRC law is one conducted under a different system of law to
the common law system in force in the Hong Kong Special Administrative Region,
and includes legislative interpretation which can clarify or supplement laws. An
interpretation of the Basic Law issued by the NPCSC is binding on the courts of the
Hong Kong Special Administrative Region. It declares what the law is and has
always been since the coming into effect of the Basic Law on 1 July 1997.

Source of information: Reasons for Determination of the Appeal Committee of the Court of
Final Appeal on the Application for Leave to Appeal by Sixtus LEUNG Chung-hang and
YAU Wai-ching,
https://legalref.judiciary.hk/lrs/common/ju/ju_frame.jsp?DIS=111120&currpage=T

76
1. (a) According to Source 1, what function and power does the NPCSC exercise?
Interpreting laws.

(b) According to Source 2, under which two circumstances will the NPCSC
exercise the function and power mentioned in the answer to 1.(a)?
(i) the specific meaning of a provision needs to be further defined
(ii) after its enactment, new developments make it necessary to define
the basis on which to apply the law

2. (a) According to Source 3, how does the Basic Law correspond to the function
and power of the NPCSC mentioned in the answer to 1.(a)?
The power of interpretation of the Basic Law shall be vested in the
NPCSC.

(b) Following the above question and according to Source 4, how is the legal
basis for the relevant function and power of the NPCSC described by the
Court of Final Appeal?
The NPCSC’s power to interpret the Basic Law derives from Article 67(4)
of the Constitution of the PRC and is provided for expressly in the Basic
Law itself in BL158(1) and is in general and unqualified terms.

(c) According to Source 4, it is pointed out by the Court of Final Appeal that the
exercise of the relevant function and power of the NPCSC is conducting
interpretation “under a different system of law to the common law system in
force in the Hong Kong Special Administrative Region”. What is this called
by the Court of Final Appeal?
Legislative interpretation.

(d) According to the answers to 2.(a) and (b), which “way to request for an
interpretation” mentioned in “Activity 4” is indicated?
The NPCSC Council of Chairmen submitted the motion.

77
3. According to Article 158(3) of the Basic Law in Source 3 and with reference to
“the Court of Final Appeal of the HKSAR sought an interpretation from the
NPCSC” as mentioned in “Activity 4”, please fill in the blanks of the following
flow chart according to relevant information.

NPCSC exercises the functions and

powers of interpreting law

Court of Final Appeal of the HKSAR should

seek an interpretation of the relevant provisions from the
NPCSC

before making their final judgments which are not appealable

if the interpretation of the relevant provisions will affect the

judgments on the cases

If the courts of the HKSAR, in adjudicating cases, need to interpret the

provisions of the Basic Law concerning affairs which are the
responsibility of the CPG , or concerning the relationship
between the Central Authorities and the HKSAR

78
 Worksheet 9: Amendment to the Basic Law

Watch the following video clip about the Amendment to the Basic Law, and then answer
the questions.

Amendment to the Basic Law [Duration: 3 minutes 21 seconds]

[Web link: 教育局網頁>課程發展>學習領域>個人、社會及人文教育>基
本法教育>憲法與《基本法》>
https://www.edb.gov.hk/tc/curriculum-development/kla/pshe/basic-law-
education/constitution-basiclaw/index.html，
Download the PowePoint file (II. 學與教資源 - 3.《基本法》的解釋和修
改)，然後播放投影片 25「《基本法》的修改」視像片段。】

Please fill in the blanks of the following flow chart according to the information
provided in the video clip.

The power of amendment of the Basic Law shall be vested in the NPC
【Before a bill for amendment to the Basic Law is put on the agenda of the NPC, the
Committee for the Basic Law of the HKSAR shall study it and submit its views; no
amendments to the Basic Law shall contravene the established basic policies of the PRC
regaring Hong Kong】

Power to propose
amend-ment bills is
vested in…… Submitted by the
delegation of the
HKSAR to the NPC

Amendment
Amendment bills bills from the Amendment bills
from the NPCSC State Council from the HKSAR

Consent of two-thirds of Consent of two-thirds of Consent of the

the deputies of the HKSAR all the members of the CE
to the NPC LegCo of the HKSAR of the HKSAR

79
 Module 2.2: Governance of the HKSAR
(Lesson 5)
Learning and Teaching Materials

Understand the relationship between the Central Authorities and the

HKSAR through relevant foreign and external affairs
Activity 5

Source 1
Constitution
Preamble [Paragraph 12]
The achievements of China’s revolution, development and reform would have been
impossible without the support of the world’s people. The future of China is closely
bound up with the future of the world. China pursues an independent foreign policy,
observes the five principles of mutual respect for sovereignty and territorial
integrity, mutual nonaggression, mutual noninterference in internal affairs, equality
and mutual benefit, and peaceful coexistence, keeps to a path of peaceful
development, follows a mutually beneficial strategy of opening up, works to
develop diplomatic relations and economic and cultural exchanges with other
countries, and promotes the building of a human community with a shared future.
China consistently opposes imperialism, hegemonism and colonialism, works to
strengthen its solidarity with the people of all other countries, supports oppressed
peoples and other developing countries in their just struggles to win and safeguard
their independence and develop their economies, and strives to safeguard world
peace and promote the cause of human progress.

Source of information: Basic Law website>Constitution,

https://www.basiclaw.gov.hk/en/constitution/index.html

1. According to Source 1, what are the five principles of China’s foreign policy?
Mutual respect for sovereignty and territorial integrity, mutual nonaggression,
mutual non-interference in internal affairs, equality and mutual benefit, and
peaceful coexistence.

2. Following the above question, what does China aim at by keeping to a path of
peaceful development and following a mutually beneficial strategy of opening up?
To develop diplomatic relations and economic and cultural exchanges with
other countries, and promote the building of a human community with a shared
future.

80
Worksheet 10: CPG is responsible for the foreign affairs relating to
the HKSAR and assisting the HKSAR to conduct
relevant external affairs on its own

Source 1
Basic Law
Chapter II - Relationship between the Central Authorities and the Hong Kong
Special Administrative Region
Article 13
The Central People’s Government shall be responsible for the foreign affairs relating
to the Hong Kong Special Administrative Region.
The Ministry 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.
Source of information: Basic Law website>Basic Law>Chapter II,
https://www.basiclaw.gov.hk/en/basiclaw/chapter2.html

Source 2

Main Functions (2016/07/22)

The Office was established by the Ministry of Foreign Affairs of the People’s
Republic of China in accordance with the Basic Law. It is responsible for handling
foreign affairs concerning the Hong Kong Special Administrative Region.
According to the Basic Law, the function of the Office include: handling foreign
affairs concerning the HKSAR; assisting the SAR Government in dealing with
external affairs in accordance with the Basic Law or with authorization; processing
other matters as instructed by the Central Government and the Foreign Ministry. To
be more specific, we
I. Coordinate HKSAR’s participation in relevant international organizations and
conferences; coordinate establishment of offices by international organizations and
institutions in HKSAR; coordinate convening of inter-governmental conferences in
the HKSAR. II. Handle applicability of international conventions in HKSAR; assist
in dealing with matters concerning conclusion of bilateral agreements between
HKSAR and foreign governments with authorization of the Central Government.
III. Coordinate establishment of consular posts or other official and semi-official
institutions by foreign governments in HKSAR. IV. Process applications of foreign
state aircrafts and warships for access to HKSAR.
Source of information: Office of the Commissioner of the Ministry of Foreign Affairs of the
People’s Republic of China in the Hong Kong Special Administrative Region website>About
Us>Main Functions, http://www.fmcoprc.gov.hk/eng/zjgs/zygy/t944912.htm

81
1. According to Source 1, which organization is responsible for foreign affairs related
to the HKSAR?
CPG.

2. According to Source 1, why can the HKSAR handle relevant foreign affairs on its
own in accordance with the Basic Law?
It is authorized by the CPG.

3. According to Sources 1 and 2, the establishment of the Office of the Commissioner

of the Ministry of Foreign Affairs of the People’s Republic of China in the Hong
Kong Special Administrative Region (Office of the Commissioner of the Ministry
of Foreign Affairs in the HKSAR) by the Ministry corresponds to which paragraph
of Article 13 of the Basic Law?
Paragraph 2.

4. According to Source 2, how does the functions of the Office of the Commissioner
of the Ministry of Foreign Affairs in the HKSAR correspond to Article 13 (1) and
(3) of the Basic Law respectively?

Basic Law Functions of the Office of the

Article 13 Commissioner of the Ministry of
Foreign Affairs in the HKSAR
(1) The Central People’s handling foreign affairs concerning
Government shall be responsible for the HKSAR that are the responsibility
the foreign affairs relating to the Hong of the Central People’s Government
Kong Special Administrative Region.
(3) The Central People’s assisting the SAR Government in
Government authorizes the Hong dealing with external affairs in
Kong Special Administrative Region accordance with the Basic Law or
to conduct relevant external affairs on with authorization
its own in accordance with this Law.

5. It is mentioned in Main Functions I in Source 2 that the Office of the

Commissioner of the Ministry of Foreign Affairs in the HKSAR “coordinates
HKSAR’s participation in relevant international organizations and conferences”,
and this corresponds to Article 152 of the Basic Law. Try to complete the following
table accordingly.

82
 The nature and membership of international organizations are mainly of two
types, namely: state membership and non-state membership.

In appropriate fields limited to Not limited to states

states and affecting the HKSAR

Government of the HKSAR HKSAR

• May send representatives as • May using the name “Hong
members of delegations of the Kong, China”, participate
PRC or may attend in such
other capacity as may be
permitted by the CPG and the
international organization or
conference concerned
• May express their views, using
the name “Hong Kong, China”

83
 If Hong Kong has participated in an international organization in one capacity
or another, of which the PRC

is already a member is not yet a member

The CPG shall take the necessary The CPG shall, where necessary,
steps to ensure that the HKSAR facilitate the continued participation
shall continue to retain its status in of the HKSAR in an appropriate
an appropriate capacity in the capacity in the international
international organization organization

84
6. It is mentioned in Main Function II in Source 2 that the Office of the
Commissioner of the Ministry of Foreign Affairs in the HKSAR “handles
applicability of international conventions in HKSAR”, and this corresponds to
Article 153 of the Basic Law. Try to complete the following table accordingly.

Different Actions
situations

The application to the HKSAR of

these international agreements shall
International agreements to which
the PRC is or becomes a party be decided by the CPG, in
accordance with the circumstances
and needs of the HKSAR, and after
seeking the views of the
Government of the HKSAR

International agreements to which These international agreements may

the PRC is not a party but which
are implemented in Hong Kong continue to be implemented in the
HKSAR. The CPG shall, as
necessary, authorize or assist the
Government of the HKSAR to make
appropriate arrangements for the
application to the HKSAR of other
relevant international agreements.

85
7. It is mentioned in Main Function III in Source 2 that the Office of the
Commissioner of the Ministry of Foreign Affairs in the HKSAR “coordinates
establishment of consular posts or other official and semi-official institutions by
foreign governments in HKSAR”, and this corresponds to Article 157(1) of the
Basic Law that “The establishment of foreign consular and other official or semi-
official missions in the Hong Kong Special Administrative Region shall require
the approval of the Central People’s Government”; based on their different
relations with China, different countries can set up institutions of different nature
in Hong Kong. Try to fill in appropriate figures in the table below referring to
Article 157(2) - (4) of the Basic Law.

According to the
circumstances of each
May only Consular and case, consular and
establish non- other official other official missions
governmental missions established in Hong
institutions in the established in Kong may be
HKSAR Hong Kong may permitted either to
be maintained remain or be changed
to semi-official
missions

States’ relationship with the PRC

Have formal Have no formal Not

diplomatic diplomatic recognized
relations with relations with by the PRC
the PRC the PRC

  

8. It is mentioned in Main Function IV in Source 2 that the Office of the

Commissioner of the Ministry of Foreign Affairs in the HKSAR “processes
applications of foreign state aircrafts and warships for access to HKSAR”, and this
corresponds to Article 129(2) and Article 126 of the Basic Law. What is the
procedure for foreign state aircrafts and warships for access to the HKSAR as
stipulated in the relevant Articles?
Requring the special permission of the CPG.

86
Worksheet 11: Relevant external affairs conducted by the HKSAR
on its own

Source 1

The President of our country and the Chief Executive of the HKSAR attended
the Asia-Pacific Economic Cooperation Economic Leaders’ Meeting

Source of photos:
Chief Executive’s
Office

Source 2

Asia-Pacific Economic Cooperation (APEC) has 21 members. The word

‘economies’ is used to describe APEC members because the APEC cooperative
process is predominantly concerned with trade and economic issues, with members
engaging with one another as economic entities.
Source of information: Asia-Pacific Economic Cooperation website>About APEC,
https://www.apec.org/About-Us/About-APEC

87
Source 3
[2
On 24 July 2021, the Hong Kong, China delegation entered the Olympic Stadium
at the Opening Ceremony of the 2020 Olympic Games in Tokyo.

Copyright © SPORTS FEDERATION & OLYMPIC COMMITTEE OF HONG

KONG, CHINA (SF&OC)

1. (a) Referring to the photos in Sources 1 and 2, the attending of the APEC
Economic Leaders’ Meeting by the Chief Executive of the HKSAR is
relevant to which fields as mentioned in Article 151 of the Basic Law?
Economic and trade.

(b) According to Source 2, why does the participation of the HKSAR in the
APEC comply with Article 152 of the Basic Law?
Since membership of the APEC is confined to economies / economic
entities rather than states, Hong Kong’s participation in the APEC is in
line with the stipulations that the HKSAR “may, using the name ‘Hong
Kong, China’, participate in international organizations and conferences
not limited to states”.

88
2. (a) According to what is shown in the photo in Source 3, the Hong Kong, China
delegation’s participation in the Olympic Games is relevant to which field as
mentioned in Article 151 of the Basic Law?
Sports.

(b) In the photo in Source 3, what flag did the flag bearer of the Hong Kong,
China delegation hold?
Regional flag of the HKSAR.

(c) Following the above question, what provision in the Basic Law does this
arrangement comply with? [Please refer to Activity 1 of “The Constitution
and the Basic Law jointly form the constitutional basis of the HKSAR”
(Lesson 1).]
Apart from displaying the national flag of the PRC, the HKSAR may also
use a regional flag.

89
 Module 2.2: Governance of the HKSAR
(Lesson 6)
Learning and Teaching Materials

Political structure of the HKSAR (1)

Activity 6

Source 1
Basic Law
Chapter IV - Political Structure Section 1 The Chief Exeucitve
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(1)
The Chief Executive of the Hong Kong Special Administrative Region shall be
selected by election or through consultations held locally and be appointed by the
Central People’s Government.
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 consecutive
terms.
Article 47
The Chief Executive of the Hong Kong Special Administrative Region must be a
person of integrity, dedicated 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.

Soure of information: Basic Law website>Basic Law>Chapter IV,

https://www.basiclaw.gov.hk/en/basiclaw/chapter4.html

90
Source 2
14. Disqualification from being nominated
(1) … a person is disqualified from being nominated as a candidate if ——
(a) he is the Chief Executive and holds the office of the Chief Executive for the
second consecutive term;
(b) he is a judicial officer as defined by section 2 of the Judicial Officers
Recommendation Commission Ordinance (Cap. 92);
(c) he is a prescribed public officer;
(d) he is adjudged bankrupt under the Bankruptcy Ordinance (Cap. 6) and has not
been discharged under section 30A or 30B of that Ordinance;
(e) he holds a passport or similar travel document other than ——
(i) a Hong Kong Special Administrative Region Passport issued under the
Hong Kong Special Administrative Region Passports Ordinance (Cap.
539);
(ii) a certificate of identity within the meaning of the Immigration Ordinance
(Cap. 115); or
(iii) any entry permit issued by an authority in any part of the People’s Republic
of China which authorizes its holder to enter any part of the People’s
Republic of China;
(f) he has, in Hong Kong or any other place, been sentenced to death and has not
either ——
(i) served the sentence or undergone such other punishment as a competent
authority may have substituted for the sentence; or
(ii) received a free pardon;
(g) he has been convicted of treason;
(h) he has been convicted ——
(i) in Hong Kong or any other place, of an offence for which the person has
been sentenced to imprisonment, whether suspended or not, for a term
exceeding 3 months without the option of a fine;
(ii) of having engaged in corrupt conduct or illegal conduct in contravention of
the Elections (Corrupt and Illegal Conduct) Ordinance (Cap. 554);
(iii) of an offence against Part II of the Prevention of Bribery Ordinance (Cap.
201); or
(iv) of any offence prescribed by the EAC Regulations made for the purposes
of this paragraph,
within the 5 years before the date of nomination; or
(i) he is found for the time being under the Mental Health Ordinance (Cap. 136) to
be incapable, by reason of mental incapacity, of managing and administering
his property and affairs.

Source of information: Cap. 569 Chief Executive Election Ordinance, Hong Kong e-Legislation,
https://www.elegislation.gov.hk/

91
1. (a) What is the main stipulation of Article 44 of the Basic Law in Source 1?
The eligibility for being the CE of the HKSAR.

(b) What is the relationship between Source 2 and Article 45 (1) of the Basic
Law in Source 1?
It is stipulated in Article 45(1) of the Basic Law that the CE can be
selected by election, while according to the content in the Chief Executive
Election Ordinance about the “disqualification from being nominated” in
Source 2,it is stipulated that a person shall be disqualified from being
nominated as candidate out of some specified reasons even if he or she is
considered to be eligible according to Article 44 of the Basic Law.

2. (a) Which Article of the Basic Law in Source 1 is 14.(a) in Source 2 relevant to?
Article 46.

(b) Which Article of the Basic Law in Source 1 is 14.(e) in Source 2 relevant to?
Article 44.

(c) Which Article of the Basic Law in Source 1 is 14.(f)-(h) in Source 2 relevant
to?
Article 47.

92
Worksheet 12: Appointment, dual capacity and dual responsibility
of the Chief Executive

Source 1
Order of the State Council
of the People’s Republic of China No. 754

Pursuant to the stipulations of the Basic Law of the Hong Kong Special
Administrative Region of the People’s Republic of China and in accordance with
the candidate elected by the Election Committee of the Hong Kong Special
Administrative Region, it is hereby promulgated that LEE Ka-chiu is appointed as
the sixth-term chief executive of Hong Kong Special Administrative Region.

LI Keqiang
Premier
20 May 2022

Source of information: Translated from 中華人民共和國中央人民政府網頁，2022 年 5 月

20 日， 《中華人民共和國國務院令第 754 號》 ，
http://www.gov.cn/zhengce/content/2022-05/20/content_5691515.htm

The Chief Executive-elect, Mr John Lee (left), receives from then Premier Li Keqiang
(right) the instrument of appointment as the sixth-term Chief Executive of the Hong
Kong Special Administrative Region of the People's Republic of China in Beijing (May
30 2022).

93
Source 2
Article 104 of the Basic Law of the Hong Kong Special Administrative Region of
the People’s Republic of China stipulates, “When assuming office, the Chief
Executive, principal officials, members of the Executive Council and of the
Legislative Council, judges of the courts at all levels and other members of the
judiciary in the Hong Kong Special Administrative Region must, in accordance with
law, swear to uphold the Basic Law of the Hong Kong Special Administrative
Region of the People’s Republic of China and swear allegiance to the Hong Kong
Special Administrative Region of the People’s Republic of China.” In the light of
the above, the Preparatory Committee of the Hong Kong Special Administrative
Region of the National People’s Congress makes the following decision:
…
2. During the inauguration ceremony, the Premier of the State Council or the
representative entrusted by the Premier swears in the Chief Executive … of the
Hong Kong Special Administrative Region …;
3. With the exception of the Chief Executive of the Hong Kong Special
Administrative Region, persons holding two positions should swear into
respective positions during the inauguration ceremony.
…

Source of information: Translated from 全國人民代表大會香港特別行政區籌備委員會

（1997 年 5 月 23 日） ，〈全國人民代表大會香港特別行政區籌備委員會關於香港特別行
政區有關人員就職宣誓事宜的決定〉，載於《中華人民共和國國務院公報》Zhonghua
Renmin Gongheguo Guowuyuan Gongbao 1997 年第 18 號（總號 870）
，頁 777-778，
http://www.gov.cn/gongbao/shuju/1997/gwyb199718.pdf

President Xi Jinping (right) swears in the Chief Executive, Mr John Lee (left), at
the Inaugural Ceremony of the Sixth-term Government of the Hong Kong Special
Administrative Region at the Hong Kong Convention and Exhibition Centre this
morning (July 1 2022).

Source of photo: Information Services Department, HKSAR Government

94
Source 3
Basic Law
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 45(1)
The Chief Executive of the Hong Kong Special Administrative Region shall be
selected by election or through consultations held locally and be appointed by the
Central People's Government.
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(1)
The head of the Government of the Hong Kong Special Administrative Region shall

Source of information: Basic Law website>Basic Law>Chapter IV,

https://www.basiclaw.gov.hk/tc/basiclawtext/chapter_4.html

Source 4
Remarks by Chief Executive at a media session before the Executive Council
meeting…
I must reiterate here that the Chief Executive is vested with a dual role and a dual
responsibility. The Chief Executive is both the head of the executive authorities of
the HKSAR and the head of the HKSAR as a whole, which is clearly specified in the
Basic Law…

*The Policy Address 2020 mentioned that the Chief Executive is vested with “dual
role” as head of the executive authorities of the HKSAR, that is, the HKSAR
Government, and that of the HKSAR representing the whole Region. Besides, the
constitutional function of “dual responsibility” is used to describe the dual
accountability of the Chief Executive.

Source of information: Translated from 香港特別行政區政府新聞公報網頁，2020 年 6 月

23 日， 《行政長官於行政會議前會見傳媒開場發言及答問內容》，
https://www.info.gov.hk/gia/general/202006/23/P2020062300464.htm

95
1. (a) According to Source 1, who was responsible for appointing the CE of the
HKSAR?
Premier of the State Council.

(b) Following the above question, which Article of the Basic Law in Source 3 is
the answer to 1.(a) relevant to?
Article 45(1).

(c) According to Source 2, who was responsible for swearing in the CE of the
HKSAR?
The President.

(d) Following the above question, who entrusted the person to swear in the CE
of the HKSAR as mentioned in the answer to 1.(c)?
Premier of the State Council.

2. (a) According to the order as shown in the articles of the Basic Law in Source 3
and Source 4, what is the order of the “dual role” of the CE?
1st Role: The head of the HKSAR.
2nd Role: The head of the Government of the HKSAR.

(b) According to Sources 3 and 4 and regarding CE’s “dual responsibility”, to

whom and in what order should the CE be accountable to in accordance with
the provisions of the Basic Law?
(i) Accountable to the CPG.
(ii) Accountable to the HKSAR.

3. Referring to Source 6 of “Worksheet 1: Constitutional Basis of the HKSAR”, why

are the provisions about the appointment, status and accountability of the CE
specified in the Basic Law?
It is because the HKSAR is a local administrative region of the PRC, which
enjoys a high degree of autonomy and comes directly under the CPG.

96
Worksheet 13: Method of formation as well as major roles and
functions of the Executive Council

Source 1
Basic Law
Chapter IV - Political Structure Section 1 The Chief Executive
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 principal 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 adoption
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.
Source of information: Basic Law website>Basic Law>Chapter IV,
https://www.basiclaw.gov.hk/en/basiclaw/chapter4.html

97
Source 2
Article 104 of the Basic Law of the Hong Kong Special Administrative Region of
the People’s Republic of China stipulates, “When assuming office, the Chief
Executive, principal officials, members of the Executive Council and of the
Legislative Council, judges of the courts at all levels and other members of the
judiciary in the Hong Kong Special Administrative Region must, in accordance with
law, swear to uphold the Basic Law of the Hong Kong Special Administrative
Region of the People’s Republic of China and swear allegiance to the Hong Kong
Special Administrative Region of the People’s Republic of China.” In the light of
the above, the Preparatory Committee of the Hong Kong Special Administrative
Region of the National People’s Congress makes the following decision:
…
2. During the inauguration ceremony, … the Chief Executive swears in members
of the Executive Council … of the Hong Kong Special Administrative Region;
3. With the exception of the Chief Executive of the Hong Kong Special
Administrative Region, persons holding two positions should swear into
respective positions during the inauguration ceremony.
…

Source of information: Translated from 全國人民代表大會香港特別行政區籌備委員會

（1997 年 5 月 23 日） ，〈全國人民代表大會香港特別行政區籌備委員會關於香港特別行
政區有關人員就職宣誓事宜的決定〉，載於《中華人民共和國國務院公報》Zhonghua
Renmin Gongheguo Guowuyuan Gongbao 1997 年第 18 號（總號 870）
，頁 777-778，
http://www.gov.cn/gongbao/shuju/1997/gwyb199718.pdf

The Chief Executive, Mr John Lee (right), swears in members of the Executive Council
at the Inaugural Ceremony of the Sixth-term Government of the Hong Kong Special
Administrative Region (July 1 2022).

Source of photo: Information Services Department, HKSAR Government

98
1. (a) According to Source 1, what kind of organ is the Executive Council (ExCo)?
It is the organ for assisting the CE in policy-making.

(b) According to Source 1, circle the correct answers in the table below.

(c) According to Source 1, what should the CE do if he or she does not accept a
majority opinion of the Executive Council?
He or she shall put the specific reasons on record.

2. (a) According to Source 1, what is the requirement for becoming ExCo members?
Being Chinese citizens who are permanent residents of the HKSAR with
no right of abode in any foreign country.

(b) According to Source 2, who swear in members of the ExCo?

CE.

(c) Following the above question, which stipulations in Source 1 are relevant to
the question of and the answer to 2.(b)?
Members of the ExCo of the HKSAR shall be appointed by the CE from
among the principal officials of the executive authorities, members of the
LegCo and public figures. Their appointment or removal shall be decided
by the CE.

99
Worksheet 14: Powers and functions of the executive authorities as
well as the appointment and removal of principal
officials
Source 1
Basic Law
Chapter IV - Political Structure Section 1 The Chief Executive
Article 48
[The Chief Executive of the Hong Kong Special Administrative Region shall
exercise the following powers and functions:]
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, Commissioner Against
Corruption, Director of Audit, Commissioner of Police, Director of
Immigration and Commissioner of Customs and Excise; and to recommend
to the Central People's Government the removal of the above-mentioned
officials;
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 formulate and implement policies;
2. To conduct administrative affairs;
3. To conduct external affairs as authorised 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.

Source of information: Basic Law website>Basic Law>Chapter IV,

https://www.basiclaw.gov.hk/en/basiclaw/chapter4.html

100
Source 2
Article 104 of the Basic Law of the Hong Kong Special Administrative Region of
the People’s Republic of China stipulates, “When assuming office, the Chief
Executive, principal officials, members of the Executive Council and of the
Legislative Council, judges of the courts at all levels and other members of the
judiciary in the Hong Kong Special Administrative Region must, in accordance with
law, swear to uphold the Basic Law of the Hong Kong Special Administrative
Region of the People’s Republic of China and swear allegiance to the Hong Kong
Special Administrative Region of the People’s Republic of China.” In the light of
the above, the Preparatory Committee of the Hong Kong Special Administrative
Region of the National People’s Congress makes the following decision:
…
2. During the inauguration ceremony, the Premier of the State Council or the
representative entrusted by the Premier swears in the … principal officials of
the Hong Kong Special Administrative Region …;
3. With the exception of the Chief Executive of the Hong Kong Special
Administrative Region, persons holding two positions should swear into
respective positions during the inauguration ceremony.
…

Source of information: Translated from 全國人民代表大會香港特別行政區籌備委員會

（1997 年 5 月 23 日） ，〈全國人民代表大會香港特別行政區籌備委員會關於香港特別行
政區有關人員就職宣誓事宜的決定〉，載於《中華人民共和國國務院公報》Zhonghua
Renmin Gongheguo Guowuyuan Gongbao 1997 年第 18 號（總號 870）
，頁 777-778，
http://www.gov.cn/gongbao/shuju/1997/gwyb199718.pdf

President Xi Jinping (first right) swears in Principal Officials of the sixth-term Hong
Kong Special Administrative Region Government at the Inaugural Ceremony of the
Sixth-term Government of the Hong Kong Special Administrative Region (July 1 2022).

Source of photo: Information Services Department, HKSAR Government

101
1. (a) According to Source 1, what is the executive authorities of the HKSAR?
Government of the HKSAR.

(b) According to Source 1 and Source 2 of “Worksheet 5: The HKSAR enjoys

executive power” - Organisation Chart of the Government of the Hong Kong
Special Administrative Region, complete the following simplified diagram.

CE

Secretary for Justice Chief Secretary for

Financial Secretary
Administration

bureaux bureaux

divisions and divisions and

commissions commissions

(c) Try to find out which government department is responsible for the public
libraries of Hong Kong on the web site of Hong Kong Public Libraries
(https://www.hkpl.gov.hk/en/index.html)? This work is most relevant to
which powers and functions of the Government of the HKSAR as mentioned
in Article 62 of the Basic Law in Source 1?
Leisure and Cultural Services Department.
To conduct administrative affairs.

(d) Following the above question, which bureau does the department mentioned
in the answer to 1.(c) report to? [Refer to Source 2 of “Worksheet 5: The
HKSAR enjoys executive power” - Organisation Chart of the Government of
the Hong Kong Special Administrative Region.]
Culture, Sports and Tourism Bureau

(e) Following the above question, which secretary does the bureau mentioned in
the answer to 1.(d) report to? [Refer to Source 2 of “Worksheet 5: The
HKSAR enjoys executive power” - Organisation Chart of the Government of
the Hong Kong Special Administrative Region.]
Chief Secretary for Administration.

102
2. (a) According to Source 1, what is the requirement for becoming principal
officials of the HKSAR?
Being Chinese citizens who are permanent residents of the HKSAR 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.

(b) According to Source 2, who swore in the principal officials of the HKSAR?
The President.

(c) Following the above question, which stipulations in Source 1 are relevant to
the question of and the answer to 2.(b)?
The CPG is be responsible for appointing or removing principal officials
of the HKSAR.

103
 Module 2.2: Governance of the HKSAR
(Lesson 7)
Learning and Teaching Materials

Political structure of the HKSAR (2)

Activity 7

The three main roles of the LegCo are: (1) to make laws; (2) to examine and approve
public spending; (3) to monitor the work of the Government. Article 73 of the Basic
Law lists 10 powers and functions of the LegCo. Try to put these powers and functions
into three groups according to the three main roles above. Put a  in the right box(es).

* In Article 73(9) of the Basic Law, there are more detailed stipulations with regard to the passing of the motion of impeachment.

104
Worksheet 15: Law-making process of the HKSAR

Source 1

Article 62(1) (5)

(HKSAR Government) To draft and introduce bills, motions
and subordinate legislation

Article 56(2)
The Chief Executive shall consult the Executive Council before
introducing bills to the Legislative Council

Article 73(1) (1)

(Legislative Council) To enact, amend or repeal laws in accordance with
the provisions of this Law and legal procedures

Article 48(1) (3)

(Chief Executive) To sign bills passed by the
Legislative Council and to romulgate laws

Article 17(2)
Laws enacted by the legislature of the HKSAR must be reported to the Standing
Committee of the National People’s Congress for the record

105
Source 2 The Chief Executive (CE) considers that a bill
passed by the Legislative Council (LegCo) is not
compatible with the overall interests of the
HKSAR

Refuses to sign the bill

May return it to the LegCo within three months

for reconsideration

LegCo passes the original bill again by not less

than a two-thirds majority of all the members

The CE must sign and If the CE refuses to sign the bill passed the
promulgate it within one second time by the LegCo, and if consensus
month. still cannot be reached after consultations,
the CE may dissolve the LegCo.

The CE must consult the Executive Council before

dissolving the LegCo. The CE may dissolve the
LegCo only once in each term of his or her office.

When the new LegCo again passes by a two-

thirds majority of all the members the original
bill in dispute, but the CE still refuses to sign it

The CE must resign

106
Source 3
Basic Law
Chapter II - Relationship between the Central Authorities and the Hong Kong
Special Administrative Region
Article 17(3)
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
conformity 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 amend 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.

Source of information: Basic Law website>Basic Law>Chapter II,

https://www.basiclaw.gov.hk/en/basiclaw/chapter2.html

107
1. Complete the following flow chart according to Source 1:

The flow chart of the law-

making process in the
Government of the HKSAR

The Government of the HKSAR to

draft bills

The Chief Executive shall

consult the Executive Council
before introducing the bill to
the LegCo.

To be put before & passed by the

Bills to be gazetted LegCo after Three Readings

The Chief Executive signs

the bill passed by the LegCo.

Law enacted by the legislature of the

HKSAR must be reported to the
Standing Committee of the NPC for Promulgation of the bill in Gazette by
the record. the Chief Executive and taking effect.

2. (a) According to Source 2, under what circumstances can the CE return a bill
passed by the LegCo to the LegCo for reconsideration?
The CE considers that the bill passed by the LegCo is not compatible with
the overall interests of the HKSAR.

(b) Following the above questions and if the situation mentioned in 2.(a) occurs,
but the LegCo passes the original bill again by not less than a two-thirds
majority of all the members, what else can the CE do to deal with the situation
besides choosing to sign and promulgate the bill?

108
 The CE can refuse to sign the bill, and if consensus still cannot be reached
after consultations, the CE may dissolve the LegCo.

(c) Following the above question and if the CE chooses the method mentioned
in the answer to 2.(b), what procedure must be followed and what will be the
constraint?
The CE must consult the ExCo before dissolving the LegCo. The CE may
dissolve the LegCo only once in each term of his or her office.

(d) If the CE chooses the method mentioned in the answer to 2. (b), what will be
the consequence if the new LegCo again passes by a two-thirds majority of
all the members the original bill in dispute and the CE still refuses to sign it?
The CE must resign.

3. On 28 March 1990, Ji Pengfei, the then Chairman of the Drafting Committee for
the Basic Law of the HKSAR of the PRC submitted the Explanations on “The
Basic Law of the Hong Kong Special Administrative Region of the People’s
Republic of China (Draft)” and Its Related Documents at the Third Session of the
Seventh National People’s Congress. It was pointed out that “To maintain Hong
Kong’s stability and administrative efficiency, the Chief Executive must have real
power which, at the same time, should be subject to some restrictions.”

(a) According to Source 2, which arrangements are relevant to the real power of
the CE?
Refusing to sign bills; dissolving the LegCo.

(b) According to Source 2, which arrangements are relevant to the restrictions

faced by the CE?
The procedure to be followed before dissolving the LegCo and the
restriction on the number of times in dissolving the LegCo; the stipulations
that the CE must resign under specified circumstances.

109
4. (a) According to Source 3, after consulting the Committee for the Basic Law of
the HKSAR, what can the NPCSC do if it considers that any law enacted by
the legislature of the HKSAR is not in conformity with the provisions of the
Basic Law regarding affairs within the responsibility of the Central
Authorities or regarding the relationship between the Central Authorities and
the HKSAR?
The NPCSC may return the law in question but shall not amend it.

(b) Following the above question and if the situation mentioned in 4.(a) occurs,
what will happen to the relevant law?
The law returned shall immediately be invalidated. This invalidation shall
not have retroactive effect, unless otherwise provided for in the laws of the
HKSAR.

110
Worksheet 16: HKSAR Government is accountable to the LegCo

Source 1
Basic Law
Chapter IV - Political Structure Section 2 The Executive
Authorities
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 taxation and public
expenditure.
Section 3 The Legislature
Article 73(1) (1), (1) (3), (1) (4) and (1) (5)
[The Legislative Council of the Hong Kong Special Administrative Region shall
exercise the following powers and functions:]
1. To enact, amend or repeal laws in accordance with the provisions of this Law
and legal procedures;
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;
Source of information: Basic Law website>Basic Law>Chapter IV,
https://www.basiclaw.gov.hk/tc/basiclawtext/chapter_4.html

Source 2

111
Source of information: Legislative Council Report 2018-2019, Legislative Council (2019),
https://www.legco.gov.hk/general/english/sec/reports/a_1819.pdf

112
1. (a) According to Article 64 of the Basic Law in Source 1, the Government of the
HKSAR is accountable to the LegCo in four aspects. Please fill in the
following table with corresponding item numbers of the powers and
functions of the LegCo in Article 73(1) of the Basic Law.

The Government of the HKSAR must abide Paragraph 1, Article 73

by the law and be accountable to the LegCo of the Basic Law
of the HKSAR:
it shall implement laws passed by the Council Item ( 1 )
and already in force
it shall present regular policy addresses to the Item ( 4 )
Council
it shall answer questions raised by members Item ( 5 )
of the Council
it shall obtain approval from the Council for Item ( 3 )
taxation and public expenditure

(b) According to Source 2, how many bills were passed by the LegCo in 2018-
2019? What procedures must be followed in the LegCo before they were
passed?
17 government bills. The bills have to be given three readings for their
passage by the LegCo.

(c) According to Article 64 of the Basic Law in Source 1, what is the role of the
CE when delivering “a policy address to the LegCo every sessoin”? [See
Source 2.]
The head of the Government of the HKSAR.

(d) According to Source 2, who can address questions to the Government on its
work? What is the procedure for asking urgent questions?
Any Member of the LegCo.
With the President’s permission.

(e) According to Source 2, public expenditure should be approved by which

committee of the LegCo?
Finance Committee.

113
 Module 2.2: Governance of the HKSAR
(Lesson 8)
Learning and Teaching Materials

Political structure of the HKSAR (3)

Activity 8

Source 1
Basic Law
Chapter II - Relationship between the Central Authorities and the Hong Kong
Special Administrative 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 jurisdiction
over all cases in the Region, except that the restrictions 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 binding on the courts.
Before issuing such a certificate, the Chief Executive shall obtain a certifying
document from the Central People’s Government.
Source of information: Basic Law website>Basic Law>Chapter II,
https://www.basiclaw.gov.hk/en/basiclaw/chapter2.html

Source 2

The Supreme People’s Court is the highest judicial organ and the Supreme People’s
Procuratorate is the highest legal oversight organ. According to the stipulations of
the Basic Laws of the Special Administrative Regions (SARs), SARs shall be vested
with independent judicial power, including that of final adjudication. Therefore,
judiciaries and legal departments in the SARs have no affiliation with state judicial
and legal oversight organs. …
According to the Basic Laws of the SARs, the judicial systems previously practised
in the SARs shall be maintained and are not influenced by the judicial system on the
mainland. Each SAR has its own Court of Final Appeal and the final adjudication of
cases is not exercised by the Supreme People’s Court. There is no higher
adjudicatory organ above the Courts of Final Appeal of the SARs and the Supreme
People’s Court. So “one country, two judicial systems” has taken shape in China.
Source of information: Translated from 王振民（2017 年）
，《 “一國兩制” 與基本法：歷
史、現實與未來》，香港：三聯書店（香港）有限公司, p.97 and p.128.

114
1. (a) According to Source 1, the courts of the HKSAR shall have no jurisdiction
over what aspects?
Acts of state such as defence and foreign affairs.

(b) Following the above question, why does the Basic Law stipulate so?
It is because the CPG is responsible for those aspects.

2. (a) According to Source 2, how does the author describe the relationship
between judiciaries and legal departments in the SARs and the state judicial
and legal oversight organs?
The judiciaries and legal departments in the SARs have no affiliation
with state judicial and legal oversight organs.

(b) Following the above question, the situation mentioned in the answer to 2.(a)
is most relevant to what content in Article 19 of the Basic Law in Source 1?
The HKSAR shall be vested with independent judicial power, including
that of final adjudication.

115
Worksheet 17: Judicial independence in the HKSAR

Source 1
Basic Law
Chapter I - General Principles
Article 2
The National People’s Congress authorizes the Hong Kong Special Administrative
Region to exercise a high degree of autonomy and enjoy executive, legislative and
independent judicial power, including that of final adjudication, in accordance with
the provisions of this Law.
Chapter II - Relationship between the Central Authorities and the Hong Kong
Special Administrative Region
Article 19(1)
The Hong Kong Special Administrative Region shall be vested with independent
judicial power, including that of final adjudication.
Chapter IV - Political Structure Section 1 The Judiciary
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.

Source of information: Basic Law website>Basic Law,

https://www.basiclaw.gov.hk/tc/basiclawtext/index.html

Source 2

116
Source 3
…
An understanding of the approach of the courts is important in this discussion. The
basic starting point is a facet I have already highlighted – the concept that all are
equal before the law. Many take for granted the impressive statue representing
justice standing at the top of the front facade of the Court of Final Appeal. This is
the statue of the ancient Greek goddess Themis (in Roman mythology, she is named
Justitia). Themis is blind‑folded and holds in one hand the scales of justice, a sword
in the other. These are symbols of the administration of justice, which are often taken
for granted …
The blindfold represents the approach of the courts in ignoring the identity of the
parties who appear in them. No person or institution has any added advantage or
correspondingly disadvantage in the courts by reason of who they are or what they
represent. This is of course the concept of equality which I have already
emphasised. …

Source of information: CJ’s speech at Ceremonial Opening of the Legal Year 2017, 9 January
2017, Press Releases, HKSAR Government,
https://www.info.gov.hk/gia/general/201701/09/P2017010900457.htm?fontSize=1

Source 4
…
Independence does not mean a lack of accountability. There are built-in features in
our judicial system that ensure that the Judiciary and judges are accountable to the
public for their works. These include, amongst other things, the requirement that
save for well-defined limited exceptions, all proceedings are open to the public, as
well as the requirement that reasoned judgments which are accessible to the public
on the internet be given for the decisions of the courts. Moreover, we also have a
well-used system of appeals; transparent target dates for listing of cases for hearing
and for delivery of judgments; a published guide to judicial conduct; an established
system of complaints against judges; an annual budget that is approved by the
legislature; and stringent financial control measures. There is of course further room
for improvement in relation to these features, but our community should be assured
that there are important features in place to ensure that whilst the Judiciary is
independent in its organisation and operations, it is nonetheless fully accountable to
the public in the discharge of its functions.
…
Source of information: CJ’s speech at Ceremonial Opening of the Legal Year 2021, 11
January 2021, Press Releases, HKSAR Government,
https://www.info.gov.hk/gia/general/202101/11/P2021011100557.htm

117
1. (a) According to Source 1, which organization authorises the HKSAR to enjoy
independent judicial power in accordance with the provisions of the Basic
Law?
NPC.

(b) According to Source 1, what are the main points related to the courts of the
HKSAR exercising judicial power independently?
The courts shall be free from any interference. Members of the judiciary
shall be immune from legal action in the performance of their judicial
functions.

2. (a) What is the name of the statue in the photo in Source 2? What does it
represent? [Refer to Source 3.]
Its name is Themis and it represents justice.

(b) Following the above question, what is special about its eyes?
They are blind‑folded.

(c) According to Source 3, what is the meaning of the special feature described
in the answer to 2. (b)?
The blindfold represents the approach of the courts in ignoring the
identity of the parties who appear in them.

(d) Following the above question, the answer to 2.(c) is relevant to which
principle of the rule of law?
All are equal before the law.

3. The built-in features in the judicial system have been described in Source 4. What
is their main function?
To ensure that the Judiciary and judges are accountable to the public for their
works.

118
Worksheet 18: Appintment and removal of HKSAR judges

Source 1
Basic Law
Chapter IV - Political Structure Section 4 The Judiciary
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
eminent persons from other sectors.
Article 89
A judge of 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.
Article 90
The Chief Justice of the Court of Final Appeal and the Chief Judge of the High
Court 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.
In the case of the appointment or removal of judges of the Court of Final Appeal
and the Chief Judge of the High Court of the Hong Kong Special Administrative
Region, the Chief Executive shall, in addition to following the procedures
prescribed in Articles 88 and 89 of this Law, obtain the endorsement of the
Legislative Council and report such appointment or removal to the Standing
Committee of the National People's Congress for the record.
Article 92
Judges and other members of the judiciary of the Hong Kong Special
Administrative Region shall be chosen on the basis of their judicial and professional
qualities and may be recruited from other common law jurisdictions.
Section 6 Public Servants
Article 104
When assuming office, … , judges of the courts at all levels and other members of
the judiciary in the Hong Kong Special Administrative Region must, in accordance
with law, swear to uphold the Basic Law of the Hong Kong Special Administrative
Region of the People’s Republic of China and swear allegiance to the Hong Kong
Special Administrative Region of the People’s Republic of China.

Source of information: Basic Law website>Basic Law>Chapter IV,

https://www.basiclaw.gov.hk/en/basiclaw/chapter4.html

119
Source 2

Source of information (Reference): Cap. 92 Judicial Officers Recommendation Commission

Ordinance, Hong Kong e-Legislation, https://www.elegislation.gov.hk/

Source 3

The Judicial Oath

I swear that, in the Office of a Judge/a judicial officer of the Judiciary of the Hong
Kong Special Administrative Region of the People’s Republic of China, I will
uphold the Basic Law of the Hong Kong Special Administrative Region of the
People’s Republic of China, bear allegiance to the Hong Kong Special
Administrative Region of the People’s Republic of China, serve the Hong Kong
Special Administrative Region conscientiously, dutifully, in full accordance with the
law, honestly and with integrity, safeguard the law and administer justice without
fear or favour, self-interest or deceit.
(name of person making the oath)
Source of information: Cap. 11 Oaths and Declarations Ordinance, Hong Kong e-Legislation,
https://www.elegislation.gov.hk/

120
Source 4

… the Judiciary must comprise judges who are upright and who are prepared to
uphold rights. ... The Judicial Oath is a requirement under Article 104 of the Basic
Law. It requires every judge to uphold the Basic Law, to bear allegiance to the Hong
Kong Special Administrative Region, to serve Hong Kong conscientiously,
dutifully, in full accordance with the law and with integrity, and to safeguard the law
and administer justice without fear or favour, self-interest or deceit. It can only be
fulfilled by judges who are upright; judges who are persons of integrity. It is worth
repeating that judges must be impartial, free from bias or prejudice. Judges must be
fearless and be prepared to make decisions in accordance with the law, regardless
of whether the outcomes are popular or unpopular, or whether the outcomes would
render themselves popular or unpopular. A judge must be honest and intellectually
honest. Binding laws and precedents must be dispassionately applied and applicable
rules and procedures faithfully observed, even if this means getting a result the judge
personally might not prefer. Powers and discretions must be exercised judicially.
Judgments must set out the true and entire reasons for the decisions made.
…
Source of information: CJ’s speech at Ceremonial Opening of the Legal Year 2021, 11
January 2021, Press Releases, HKSAR Government,
https://www.info.gov.hk/gia/general/202101/11/P2021011100559.htm?fontSize=1

1. (a) According to Article 88 of the Basic Law in Source 1, who appoints judges
of the HKSAR?
CE.

(b) Following the above question, before the appointment of judges of the
HKSAR by the person mentioned in the answer to 1.(a), the appointment
shall be made on the recommendation of an independent commission as
stipulated in Article 88 of the Basic Law. According to Source 2, what is the
name of the commission?
Judicial Officers Recommendation Commission (JORC).

(c) Referring to Sources 1 and 2, put a “” in the relevant box on the sector of
the Commission in the following table.

121
 Article 88 of the Basic Law
Local Persons Eminent
judges from the persons
legal from other
profession sectors
Chief Justice of the Court of 
Final Appeal
Secretary for Justice 
Two judges 
One barrister 
One solicitor 
Three persons not connected 
with the practice of law

(d) According to Article 90(2) of the Basic Law in Source 1, in addition to the
requirement that “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 eminent persons from other sectors”,
what other procedure shall be followed for the appointment of judges of the
Court of Final Appeal and the Chief Justice of the High Court of the HKSAR?
The CE shall obtain the endorsement of the LegCo and report such
appointment to the NPCSC for the record.

2. (a) Complete the following chart on the steps taken to remove judges according
to Article 89(1) of the Basic Law in Source 1.

If a judge is unable to
 discharge his or her duties or
misbehaves

The Chief Justice of the Court of Final

 Appeal appoints a tribunal consisting of
not fewer than three local judges

Recommend removal

122
 The Chief Executive

remove the judge

(b) According to Article 89(2) and Article 90(2), if the Chief Justice of the Court
of Final Appeal involves in the situations mentioned in Step  of 2.(a), what
changes will take place in steps  and ?
Step  A tribunal appointed by the CE which consists of not fewer than
five local judges shall investigate and recommend removal.

Step  The CE shall obtain the endorsement of the LegCo and report
such removal to the NPCSC for the record.

3. (a) According to Article 92 of the Basic Law in Source 1, on what basis shall
judges and other members of the judiciary of the HKSAR be chosen?
The judicial and professional qualities of relevant persons.

(b) Which Article of the Basic Law in Source 1 is relevant to “the Judicial Oath”
in Source 3? [Only the relevant article number is required]
Article 104.

(c) According to Source 4, the Judicial Oath can only be fulfilled by judges with
what kind of qualities?
Judges who are upright; judges who are persons of integrity.

(d) According to Source 4, why must judges be “fearless”?

It is because they must be prepared to make decisions in accordance with
the law, regardless of whether the outcomes are popular or unpopular, or
whether the outcomes would render themselves popular or unpopular.

123
Conclusion 6

Our political structure is an executive-led system headed by the Chief Executive. The
executive authorities, the legislature and the judiciary perform their respective
functions under the executive-led system in accordance with the Basic Law and
complement each other with a view to upholding national unity and territorial integrity,
maintaining the prosperity and stability of Hong Kong.

First of all, it is important to understand that China is a unitary state. According to the
constitutional structure of China, power comes from the Central Authorities. The
system of people’s congress is China’s political system. The HKSAR was established
by a Decision made by the National People’s Congress (NPC) in accordance with the
Constitution. The Basic Law was also adopted by the NPC. The HKSAR was
empowered to discharge its duties by the NPC through the Basic Law. According to
Articles 43 and 60 of the Basic Law, the Chief Executive shall be the head of the
HKSAR and the head of the Government of the HKSAR. As head of both the HKSAR
and its government, the Chief Executive shall exercise the powers and functions
conferred by the Basic Law to discharge his or her duties. Article 48 states that the Chief
Executive shall lead the Government of the HKSAR, sign bills, decide on government
policies and etc. This fully reflects the executive-led style of governance in our structure.

Secondly, with a common goal of building a better Hong Kong, the provisions of the
Basic Law set out the different powers and functions of the executive authorities, the
legislature and the judiciary. In accordance with the Basic Law, the Government of the
HKSAR is responsible for formulating policies and introducing bills. The Legislative
Council of the HKSAR shall enact laws as required, which will be implemented or
enforced by the Government. The Government is also responsible for drawing up
budgets to be scrutinised by the Legislative Council. It is worth noting that members of
the Legislative Council in introducing bills relating to government policies have to
obtain a written consent of the Chief Executive. Clearly, under the political structure
set out in the Basic Law, the executive and legislative branches are inter-related in
performance of functions, but the powers of introducing bills mainly rest with the
executive.

The Basic Law empowers the courts of the HKSAR to exercise judicial power
independently, including that of final adjudication. Some have raised concerns over the
judicial independence in the light of the political structure of the HKSAR. But these
concerns are totally unfounded. Article 85 guarantees that the courts of the HKSAR
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. At the same time, the Basic Law also provides that judges of the courts of
the HKSAR shall be appointed by the Chief Executive on the recommendation of an
independent commission. Although the executive authorities enjoy greater power in
policy making under the political structure of the HKSAR, they must abide by the law.
Their decisions are also subject to judicial challenges which will be handled by the
court independently based on applicable laws and evidence.

6 Extracted from Department of Justice, The Government of the HKSAR > Home > Community
Engagement > SJ’s Blog (5 September 2020): Division of work and complementing each other,
https://www.doj.gov.hk/en/community_engagement/sj_blog/20200905_blog1.html

124
The Basic Law safeguards the exercise of judicial power by members of the judiciary
without interference. … The political structure laid down in the Basic Law fully reflects
the principle of rule of law and the essence of judicial independence.

A proper understanding of the political structure from the perspective of the

constitutional order of the HKSAR clearly shows our system is based on an executive-
led structure. We should all refrain from looking at the labelling of a concept, on the
contrary, we have to appreciate its intrinsic meaning so as to avoid any unwarranted
disputes.

125
 Module 2.2: Governance of the HKSAR
(Lesson 9)
Learning and Teaching Materials

Political structure of the HKSAR (4)

Activity 9

Source 1
Decision of the National People’s Congress on Improving the Electoral System of
the Hong Kong Special Administrative Region
(Adopted at the Fourth session of the Thirteenth National People’s Congress on 11
March 2021)

… The session considered that the return of Hong Kong to the motherland put the
region once again under the overall governance system of the country, and the
Constitution of the People’s Republic of China (PRC) and the Basic Law of the Hong
Kong Special Administrative Region (HKSAR) of the PRC jointly form the
constitutional basis of the HKSAR. The electoral system of the HKSAR, which
includes the methods for the selection of the Chief Executive and for the formation
of the Legislative Council (LegCo), is an important part of the political structure of
the HKSAR. It should conform to the policy of “one country, two systems”, meet the
realities in the HKSAR and serve to ensure that Hong Kong is administered by people
who love the country and Hong Kong; be conducive to safeguarding national
sovereignty, security, and development interests of the country and maintain the long-
term prosperity and stability of Hong Kong. To improve the electoral system of the
HKSAR and develop a democratic system suited to the HKSAR’s realities, the NPC
has made the following decision pursuant to Articles 31 and 62(2), (14) and (16) of
the Constitution of the PRC and the relevant provisions of the Basic Law of the
HKSAR of the PRC and the Law of the PRC on Safeguarding National Security in
the HKSAR:

1. Improving the electoral system of the HKSAR must fully and faithfully
implement the policy of “one country, two systems” under which the people of
Hong Kong administer Hong Kong with a high degree of autonomy, uphold the
constitutional order in the HKSAR as established by the Constitution of the PRC
and the Basic Law of the HKSAR of the PRC, ensure the administration of Hong
Kong by Hong Kong people with patriots as the main body, effectively improve
the governance efficacy of the HKSAR, and safeguard the right to vote and the
right to stand for election of permanent residents of the HKSAR.
…
6. The NPC Standing Committee is authorized to, in accordance with the decision
on improving the electoral system of the HKSAR, amend Annex I: Method for the
Selection of the Chief Executive of the Hong Kong Special Administrative Region
and Annex II: Method for the Formation of the Legislative Council of the Hong
Kong Special Administrative Region and Its Voting Procedures, to the Basic Law.

126
 7. In accordance with this decision and the Basic Law’s Annex I and Annex II
amended by the NPC Standing Committee, the HKSAR shall amend relevant
local laws, and organize and regulate election activities accordingly.
8. The Chief Executive of the HKSAR shall submit in a timely manner reports to
the Central People’s Government on relevant important situations including the
institutional arrangements for elections of the HKSAR and the organization of
the elections.
…

Source of information: Basic Law website>Basic Law> Annex & Instrument,

https://www.basiclaw.gov.hk/filemanager/content/en/files/basiclawtext/basiclawtext_doc31.pd
f

1. (a) According to Source 1, the NPC makes the Decision of the National People’s
Congress on Improving the Electoral System of the Hong Kong Special
Administrative Region in accordance with relevant provisions of which legal
documents?
Constitution, Basic Law and and the Law of the PRC on Safeguarding
National Security in the HKSAR.

(b) According to Source 1, what is the main purpose of the NPC for making the
Decision of the National People’s Congress on Improving the Electoral
System of the Hong Kong Special Administrative Region?
To ensure the administration of Hong Kong by Hong Kong people with
patriots as the main body, effectively improve the governance efficacy
of the HKSAR, and safeguard the right to vote and the right to stand for
election of permanent residents of the HKSAR.

127
 (c) Please fill in the following flow chart according to the content of Source 1:

The NPC adopted

the Decision of the
National People’s
The NPCSC is
Congress on
authorized to The HKSAR shall
Improving the
amend Annex 1 and amend relevant
Electoral System of
Annex 2 to the local election laws
the Hong Kong
Basic Law
Special
Administrative
Region

128
Worksheet 19: Election Committee

Source 1
Decision of the National People’s Congress on Improving the Electoral System
of the Hong Kong Special Administrative Region
(Adopted at the Fourth session of the Thirteenth National People’s Congress on 11
March 2021)

…
2. The HKSAR shall establish an Election Committee which is broadly
representative, suited to the HKSAR’s realities, and representative of the overall
interests of its society. The Election Committee shall be responsible for electing
the Chief Executive designate and part of the members of the LegCo. The
Election Committee shall also be responsible for nominating candidates for the
Chief Executive and LegCo members, as well as for other matters.
The Election Committee shall be composed of 1,500 members from the following
five sectors: industrial, commercial and financial sectors; the professions;
grassroots, labour, religious and other sectors; LegCo members and
representatives of district organizations; Hong Kong deputies to the NPC, Hong
Kong members of the National Committee of the Chinese People’s Political
Consultative Conference and representatives of Hong Kong members of related
national organizations.
…

Source of information: Basic Law website>Basic Law> Annex & Instrument,

https://www.basiclaw.gov.hk/filemanager/content/en/files/basiclawtext/basiclawtext_doc31.pd
f

Source 2

【On 30 March 2021, the Standing Committee of the Thirteenth National People’s
Congress amended Annex I: “Method for the Selection of the Chief Executive of the
Hong Kong Special Administrative Region” to the Basic Law at its Twenty-Seventh
Meeting. It was promulgated by the President of the People’s Republic of China in
Decree No.75.】

The Election Committee shall be composed of 1,500 members

• Members of the Election Committee must be permanent residents of the HKSAR.
• The term of office of the Election Committee shall be five years.
• Each candidate shall be nominated by 5 corporate or individual voters in the
respective subsector. Each corporate or individual voter may only nominate a
number of candidates not exceeding the number of seats to be elected in the
respective subsectors in that election. The Election Committee Members of each
subsector will be elected by secret ballot.
• The Election Committee shall establish a system of convenors. The convenors shall
be responsible for convening Election Committee meetings when necessary to
handle relevant matters. A Member of the Election Committee who is a state leader
will become the Chief Convenor. The Chief Convenor may designate several
convenors in each sector.

129
Composition, Methods for Returning Members and Electorates of Sub-sectors

Electorates
Subsector Seats Methods
Individual Bodies
for
returning
members
First Sector: Industrial, commercial and financial sectors
Industrial (first) 17 Election 
Industrial (second) 17 Election 
Textiles and garment 17 Election 
Commercial (first) 17 Election 
Commercial (second) 17 Election 

130
 Electorates
Subsector Seats Methods
Individual Bodies
for
returning
members
Commercial (third) 17 Election 
Finance 17 Election 
Financial services 17 Election 
Insurance 17 Election 
Real estate and construction 17 Election 
Transport 17 Election 
Import and export 17 Election 
Tourism 17 Election 
Hotel 16 Election 
Catering 16 Election 
Wholesale and retail 17 Election 
Employers’ Federation of Hong 15 Election 
Kong
Small and medium enterprises 15 Election 
Second sector: The professions
Nomination 15 
Technology and innovation 30
Election 15 
Ex-officio 15 
Engineering 30
Election 15 
Ex-officio 15 
Architectural, surveying, planning 30
and landscape Election 15 
Nomination 15 
Accountancy 30
Election 15 
Ex-officio 6 
Legal 30 Nomination 9 
Election 15 
Ex-offico 16 
Education 30
Election 14 
Nomination 15 
Sports, performing arts, culture and 30
publication Election 15 
Ex-officio 15 
Medical and health services 30
Election 15 
Nomination 15 
Chinese medicine 30
Election 15 
Ex-officio 15 
Social welfare 30
Election 15 

131
 Electorates
Subsector Seats Methods
Individual Bodies
for
returning
members
Third sector: Grassroots, labour, religious and other sectors
Agriculture and fisheries 60 Election 
Labour 60 Election 
Grassroots associations 60 Election 
Associations of Chinese fellow 60 Election 
townsmen
Religious 60 Nomination 
Fourth sector: LegCo members, representatives of district organisations and other
organisations
Members of the Legislative Council 90 Ex-officio 
Heung Yee Kuk 27 Election 
Representatives of members of Area 76 Election 
Committees, District Fight Crime
Committees, and District Fire
Safety Committees of Hong Kong
and Kowloon
Representatives of members of Area 80 Election 
Committees, District Fight Crime
Committees, and District Fire
Safety Committees of the New
Territories
Representatives of associations of 27 Nomination 
Hong Kong residents on the
Mainland
Fifth sector: HKSAR deputies to the NPC, HKSAR members of the National
Committee of the CPPCC and representatives of Hong Kong members of
relevant national organisations
HKSAR deputies to the NPC and 190 Ex-officio 
HKSAR members of the National
Committee of the CPPCC
Representatives of Hong Kong 110 Election 
members of relevant national
organisations
Source of information: Improve Electoral System, Constitutional and Mainland Affairs
Bureau, HKSAR Government, https://www.cmab.gov.hk/improvement/en/home/index.html

132
1. (a) According to Source 1, what are the three characteristics of the Election
Committee established in the HKSAR?
It is broadly representative, suited to the HKSAR’s realities, and
representative of the overall interests of its society.

(b) According to Source 1, what are the main responsibilities of the Election
Committee?
The Election Committee shall be responsible for electing the CE
designate and part of the members of the LegCo. The Election Committee
shall also be responsible for nominating candidates for the CE and
LegCo members, as well as for other matters.

2. (a) According to Source 2, what is the requirement for members of the Election
Committee?
They must be permanent residents of the HKSAR.

(b) According to Source 2, how many members are there in the Election
Committee? It is divided into five sectors. How many people are there in each
sector?
The Election Committee is composed of 1,500 members and each sector
has 300 members.

(c) According to Source 2, what are the three methods for returning members of
the five sectors of the Election Committee? What are the two types of
electorates?
The three methods are election, nomination and ex-officio. The two
types of electorates are individual and bodies.

(d) According to Source 2, the Election Committee shall establish a system of

convenors. Who will become the Chief Convenor?
A Member of the Election Committee who is a state leader will become
the Chief Convenor.

133
 Appendix 3

Know more: State leaders

President of the PRC 14th NPCSC

Xi Jinping
Chairperson: Zhao Leji
Vice-president: Han Zheng Vice-chairpersons:
Li Hongzhong, Wang Dongming, Xiao
Jie, Zheng Jianbang, Ding Zhongli, Hao
Minjin, Cai Dafeng, He Wei, Wu Weihua,
Tie Ning, Peng Qinghua, Zhang Qingwei,
Losong Jamcan, Shohrat Zakir
Secretary General: Liu Qi
State Council 14th CPPCC National Committee

Premier: Li Qiang Chaiperson: Wang Huning

Vice-premiers: Vice-chairpersons:
Ding Xuexiang, He Lifeng, Zhang Shi Taifeng, Hu Chunhua, Shen Yueyue,
Guoqing, Liu Guozhong Wang Yong, Zhou Qiang, Pabala
State Councilors: Grelanger, He Houhua, Leung Chun-
Wang Xiaohong, Wu Zhenglong, Shen ying, Bater, Su Hui, Shao Hong, Gao
Yiqin, Yunlong, Chen Wu, Mu Hong, Xian Hui,
Secretary General: Wu Zhenglong Wang Dongfeng, Jiang Xinzhi, Jiang
Central Military Commission of the Zuojun, He Baoxiang, Wang Guangqian,
PRC Qin Boyong, Zhu Yongxin, Yang Zhen
Chairperson: Xi Jinping Secretary General: Wang Dongfeng
Vice-chairperson: Zhang Youxia, He
Weidong
National Commission of Supervision
Director: Liu Jinquo
Supremen People’s Court
President: Zhang Jun
Supreme People’s Procuratorate
Procurator General: Ying Yong

Sources of information: The State Council, The People’s Republic of China,

https://english.www.gov.cn/

134
Worksheet 20: Candidate Eligibility Review Committee, measures
against acts of manipulating or undermining
election, and amendment to Annex I and Annex II to
the Basic Law

Source 1
Decision of the National People’s Congress on Improving the Electoral System
of the Hong Kong Special Administrative Region
(Adopted at the Fourth session of the Thirteenth National People’s Congress on 11
March 2021)

…
5. A candidate qualification review committee of the HKSAR shall be established.
The committee shall be responsible for reviewing and confirming the
qualifications of candidates for the Election Committee members, the Chief
Executive, and the LegCo members. The HKSAR shall improve the system and
mechanisms related to qualification review, to ensure that the qualifications of
candidates are in conformity with the Basic Law, the Law on Safeguarding
National Security in the HKSAR, the NPC Standing Committee’s interpretation
of Article 104 of the Basic Law, the NPC Standing Committee’s decision on the
qualification of HKSAR LegCo members, and provisions of relevant local laws
of the HKSAR.
6. The NPC Standing Committee is authorized to, in accordance with the decision
on improving the electoral system of the HKSAR, amend Annex I: Method for
the Selection of the Chief Executive of the Hong Kong Special Administrative
Region and Annex II: Method for the Formation of the Legislative Council of the
Hong Kong Special Administrative Region and Its Voting Procedures, to the
Basic Law.
…

Source of information: Basic Law website>Basic Law> Annex & Instrument,

https://www.basiclaw.gov.hk/filemanager/content/en/files/basiclawtext/basiclawtext_doc31.pd
f

135
Source 2
Annex I to the Basic Law
Method for the Selection of the Chief Executive of the
Hong Kong Special Administrative Region
(amended at the Twenty-Seventh Meeting of the Standing Committee of the
Thirteenth National People’s Congress on 30 March 2021)
…
8. The Candidate Eligibility Review Committee of the HKSAR shall be
responsible for reviewing and confirming the eligibility of candidates for
Election Committee members and for the office of Chief Executive. The
Committee for Safeguarding National Security of the HKSAR shall, on the
basis of the review by the department for safeguarding national security of the
Police Force of the HKSAR, make findings as to whether a candidate for
Election Committee member or for the office of Chief Executive meets the
legal requirements and conditions of upholding the Basic Law of the Hong
Kong Special Administrative Region of the People’s Republic of China and
swearing allegiance to the Hong Kong Special Administrative Region of the
People’s Republic of China, and issue an opinion to the Candidate Eligibility
Review Committee of the HKSAR in respect of a candidate who fails to meet
such legal requirements and conditions.
No legal proceedings may be instituted in respect of a decision made by the
Candidate Eligibility Review Committee of the HKSAR on the eligibility of
a candidate for Election Committee member or for the office of Chief
Executive pursuant to the opinion of the Committee for Safeguarding
National Security of the HKSAR.
9. The HKSAR shall, in accordance with the law, take measures against acts of
manipulating or undermining election.
10. The NPC Standing Committee exercises in accordance with the law the power
to amend this Method. Prior to making any amendment, the NPC Standing
Committee shall solicit views of various sectors of Hong Kong by appropriate
means.
…
Source of information: Full Text: Annex I to the Basic Law of the Hong Kong Special
Administrative Region, 30 March 2021, Xinhuanet,
http://www.xinhuanet.com/english/download/2021-3-30/AnnexI.pdf

136
Source 3
Annex II to the Basic Law
Method for the Formation of the Legislative Council of the
Hong Kong Special Administrative Region and Its Voting Procedures
(amended at the Twenty-Seventh Meeting of the Standing Committee of the
Thirteenth National People’s Congress on 30 March 2021)
…
5. The Candidate Eligibility Review Committee of the HKSAR shall be
responsible for reviewing and confirming the eligibility of candidates for
members of the Legislative Council. The Committee for Safeguarding
National Security of the HKSAR shall, on the basis of the review by the
department for safeguarding national security of the Police Force of the
HKSAR, make findings as to whether a candidate for member of the
Legislative Council meets the legal requirements and conditions of upholding
the Basic Law of the Hong Kong Special Administrative Region of the
People’s Republic of China and swearing allegiance to the Hong Kong Special
Administrative Region of the People’s Republic of China, and issue an
opinion to the Candidate Eligibility Review Committee of the HKSAR in
respect of a candidate who fails to meet such legal requirements and
conditions.
No legal proceedings may be instituted in respect of a decision made by the
Candidate Eligibility Review Committee of the HKSAR on the eligibility of
a candidate for member of the Legislative Council pursuant to the opinion of
the Committee for Safeguarding National Security of the HKSAR.
6. The HKSAR shall, in accordance with the law, take measures against acts of
manipulating or undermining election.
…
8. The NPC Standing Committee exercises in accordance with the law the power
to amend this Method and the procedures for voting on bills and motions.
Prior to making any amendment, the NPC Standing Committee shall solicit
views of various sectors of Hong Kong by appropriate means.
…
Source of information: Full Text: Annex II to the Basic Law of the Hong Kong Special
Administrative Region, 30 March 2021, Xinhuanet,
http://www.xinhuanet.com/english/download/2021-3-30/AnnexII.pdf

1. (a) According to Source 1, the candidate qualification review committee of the

HKSAR is mainly responsible for reviewing and confirming the
qualifications of what candidates?
Candidates for the Election Committee members, the CE, and the
LegCo members.

(b) According to Source 1 regarding systems and mechanisms related to

qualification review, and besides ensuring that the qualifications of
candidates are in conformity with the Basic Law, the Law of the on
Safeguarding National Security in the HKSAR (NSL) and provisions of

137
 relevant local laws of the HKSAR, what are the two other requirements of
the NPCSC that shall be conformed to?
(i) the interpretation of Article 104 of the Basic Law
(ii) the decision on the qualification of HKSAR LegCo members

2. (a) According to Sources 2 and 3, which body shall issue a review opinion to the
Candidate Eligibility Review Committee of the HKSAR?
The Committee for Safeguarding National Security of the HKSAR.

(b) Following the above question, on what basis shall the body mentioned in the
answer to 2.(a) make its findings?
On the basis of the review by the department for safeguarding national
security of the Police Force of the HKSAR.

3. (a) According to Sources 2 and 3, which organ exercises in accordance with the
law the power to amend the method for the selection of the CE of the HKSAR,
the method for the formation of the LegCo of the HKSAR and the procedures
for voting on bills and motions?
NPCSC.

(b) Following the above question, what will the organ mentioned in the answer
to 3.(a) do prior to making any amendment to Annex I and Annex II to the
Basic Law?
It shall solicit views of various sectors of Hong Kong by appropriate
means.

138
Think about it

According to Sources 2 and 3, the Committee for Safeguarding National

Security of the HKSAR shall, on the basis of the review by the department
for safeguarding national security of the Police Force of the HKSAR, make
findings as to whether a candidate for Election Committee member, for the
office of Chief Executive, or for members of the Legislative Council meets
the legal requirements and conditions of upholding the Basic Law of the
HKSAR of the PRC and swearing allegiance to the Hong Kong Special
Administrative Region of the People’s Republic of China, and issue an
opinion to the Candidate Eligibility Review Committee of the HKSAR in
respect of a candidate who fails to meet such legal requirements and
conditions. Article 6(3) of the NSL contains a corresponding stipulation:
“A resident of the Region who stands for election or assumes public office
shall confirm in writing or take an oath to uphold the Basic Law of the
Hong Kong Special Administrative Region of the People’s Republic of
China and swear allegiance to the Hong Kong Special Administrative
Region of the People’s Republic of China in accordance with the law”.

Also, it is pointed out in both Sources 2 and 3 that “The HKSAR shall, in
accordance with the law, take measures against acts of manipulating or
undermining election”. It corresponds to the criminal act of “rigging or
undermining an election in the Hong Kong Special Administrative Region,
which is likely to cause serious consequences” in the offence of “Collusion
with a Foreign Country or with External Elements to Endanger National

139
 Module 2.2: Governance of the HKSAR
(Lesson 10)
Learning and Teaching Materials

Political structure of the HKSAR (5)

Activity 10

Source 1

Basic 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.
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 45(1)
The Chief Executive of the Hong Kong Special Administrative Region shall be
selected by election or through consultations held locally and be appointed by the
Central People’s Government.
Source of information: Basic Law website>Basic Law,
https://www.basiclaw.gov.hk/en/basiclaw/index.html

1. (a) According to Source 1, the HKSAR comes directly under which organ?
CPG.

(b) According to Source 1, as the head of the HKSAR, what are the two aspects
of the relationship between the Chief Executive and the CPG?
(i) The CE is accountable to the CPG.
(ii) The CE is appointed by the CPG.

140
Worksheet 21: Method for selecting the CE

Source 1
Basic Law
Chapter IV - Political Structure Section 1 The Chief Executive
Article 45
The Chief Executive of the Hong Kong Special Administrative Region shall be
selected by election or through consultations 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 suffrage upon nomination 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”.
Source of information: Basic Law website>Basic Law>Chapter IV,
https://www.basiclaw.gov.hk/tc/basiclawtext/index.html

Source 2
Annex I to the Basic Law
Method for the Selection of the Chief Executive of the
Hong Kong Special Administrative Region
(amended at the Twenty-Seventh Meeting of the Standing Committee of
the Thirteenth National People’s Congress on 30 March 2021)

1. The Chief Executive shall be elected in accordance with this Law by an

Election Committee which is broadly representative, suited to the actual
situation of the Hong Kong Special Administrative Region (HKSAR), and
represents the overall interests of society, and shall be appointed by the
Central People’s Government.
…
6. A candidate for the office of Chief Executive shall be nominated by not less
than 188 members of the Election Committee, with not less than 15 members
from each of the five sectors. Each Election Committee member may
nominate one candidate only.
7. The Election Committee shall elect the Chief Executive designate from the
list of nominations by secret ballot on a one-person-one-vote basis. The Chief
Executive designate must obtain more than 750 votes. The specific election
method shall be prescribed by the electoral law of the HKSAR.
…
Source of information: Full Text: Annex I to the Basic Law of the Hong Kong Special
Administrative Region, 30 March 2021, Xinhuanet,
http://www.xinhuanet.com/english/download/2021-3-30/AnnexI.pdf

141
1. (a) According to Source 1, by what means shall the CE be selected in the
HKSAR and be appointed by the CPG?
By election or through consultations.

(b) According to Source 1, before arriving at the ultimate aim of selecting the
CE by universal suffrage upon nomination by a broadly representative
nominating committee in accordance with democratic procedures, the
method for selecting the CE shall be specified in the light of and in
accordance with what?
The actual situation in the HKSAR and the principle of gradual and
orderly progress.

(c) According to Source 1, the specific method for selecting the CE is prescribed
in which document?
Annex I to the Basic Law.

2. (a) According to Source 2, before appointing by the CPG, which organ elects the
CE in accordance with the Basic Law?
Election Committee.

(b) According to Source 2, which two requirements must be met before a CE

candidate can participate in the relevant election?
(i) Nominated by not less than 188 members of the Election
Committee
(ii) With not less than 15 members from each of the five sectors

(c) According to Source 2, how do members of the Election Committee members

elect the Chief Executive designate?
By secret ballot on a one-person-one-vote basis.

142
Worksheet 22: Method for forming the LegCo and the voting
procedures of the LegCo

Source 1
Basic Law
Chapter IV - Political Structure Section 3 The Legislature
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”.
Source of information: Basic Law website>Basic Law>Chapter IV,
https://www.basiclaw.gov.hk/en/basiclaw/chapter4.html

Source 2

[On 30 March 2021, the Standing Committee of the Thirteenth National People’s
Congress amended Annex II: “Method for the Formation of the Legislative Council of
the Hong Kong Special Administrative Region and Its Voting Procedures” to the Basic
Law at its Twenty-Seventh Meeting. It was promulgated by the President of the
People’s Republic of China in Decree No.76.]

Size and Composition of LegCo

143
Overview of Candidature, Nomination and Voting Arrangements

Nomination
Threshold
Formation Who can Nominations Nominations Electorate Voting method
method run in the from EC / from EC
election? relevant FC
or GC
Election All 10-20 2-4 from 1500 EC  Block Vote
Committee Registered each of Members (each EC
(EC) Electors the 5 member must
Constituency aged 21 or sectors select 40
(40 seats) above
candidates)
(need not
be EC
 The 40
Members) candidates who
who have obtain the
ordinarily greatest
resided in number of
Hong Kong votes shall be
for 3 years returned in the
immediatel election.
y preceding
the
nomination
Functional Registered 10-20 2-4 from Eligible  Except the
Constituencie Electors each of individua Labour FC
s (FC) aged 21 or the 5 l and shall
(30 seats) above who sectors corporate continue to
have
electors* return 3
ordinarily
resided in
Members, all
Hong Kong other
for 3 years constituencie
immediatel s shall return
y preceding one member
the each
nomination  First-Past-
and the-Post
Registered
voters of
the
concerned
FC or has a
substantial
connection
with that
FC
Geographical All 100-200 2-4 from All  Double Seats
Constituencie Registered each of registere and Single
s (GC) Electors the 5 d electors Vote (each
(20 seats) aged 21 or sectors constituency
above who
returns 2
have
members,

144
 ordinarily and each
resided in voter can
Hong Kong vote for 1
for 3 years candidate)
immediatel
 The two
y preceding
the
candidates
nomination who obtain
the greatest
number of
votes shall
be returned
in the
election.
* Unless specified in the electoral law, an association or enterprise may become a
corporate elector for an FC only if it has been operating for not less than three years
after acquiring relevant qualifications for that FC.

Voting on bills and motions

 Unless otherwise provided for in the Basic Law, the Legislative Council shall adopt
the following procedures for voting on bills and motions:
o The passage of bills introduced by the government shall require a simple
majority of votes of the members of the Legislative Council present.
o The passage of motions, bills or amendments to government bills introduced
by individual members of the Legislative Council shall require a simple
majority of votes of each of the two groups of members present, i.e. members
returned by the Election Committee, and those returned by functional
constituencies and by geographical constituencies through direct elections.

Source of information: Improve Electoral System, Constitutional and Mainland Affairs

Bureau, HKSAR Government, https://www.cmab.gov.hk/improvement/en/home/index.html

1. (a) According to Source 1, how is the LegCo of the HKSAR constituted?

By election.

(b) According to Source 1, before arriving at the ultimate aim of electing all the
members of the LegCo by universal suffrage, the method for forming the
LegCo shall be specified in the light of and in accordance with what?
The actual situation in the HKSAR and the principle of gradual and
orderly progress.

(c) According to Source 1, the specific method for forming the LegCo and its
procedures for voting on bills and motions are prescribed in which document?
Annex II to the Basic Law.

2. (a) According to Source 2, what are the three methods for forming the LegCo by
election?
145
 (i) Election Committee (EC) Constituency
(ii) Functional Constituencies (FC)
(iii) Geographical Constituencies (GC)

(b) According to Source 2, which two requirements should all candidates meet?
(i) Aged 21 or above
(ii) Ordinarily resided in Hong Kong for 3 years immediately
preceding the nomination

(c) As for the nomination threshold, each candidate should meet two
requirements. Try to complete the following table in accordance with Source
2:
Nomination threshold
EC 10-20 nominations from the
Constituency EC 2-4 nominations from
FC 10-20 nominations from each of the five sectors of
relevant FC the EC
GC 100-200 nominations from
relevant GC

3. Complete the following flow chart in accordance with the Voting on bills and
motions in Source 2.

procedures for voting

bills introduced by passed by a simple majority of votes of

the government the members of the LegCo present

motions, bills or passed by a simple majority of votes of

amendments to each of the two groups of members
government bills present, i.e. members returned by the
introduced by Election Committee, and those returned
individual members of by functional constituencies and by
the LegCo geographical constituencies through
direct elections

146
 Appendix 4
Know More: Composition, seats allocation and
electorates of 28 Functional
Constituencies

Electorates
Functional Constituencies Seats
Individuals Bodies
1 Agriculture and fisheries 1 
2 Heung Yee Kuk 1 
3 Industrial (first) 1 
4 Industrial (second) 1 
5 Textiles and garment 1 
6 Commercial (first) 1 
7 Commercial (second) 1 
8 Commercial (third) 1 
9 Finance 1 
10 Financial services 1 
11 Insurance 1 
12 Real estate and construction 1 
13 Transport 1 
14 Import and export 1 
15 Tourism 1 
16 Catering 1 
17 Wholesale and retail 1 
18 Technology and innovation 1 
19 Engineering 1 
20 Architecture, surveying, planning 1 
and landscape
21 Accountancy 1 
22 Legal 1 
23 Education 1 
24 Sports, performing arts, culture 1 
and publication
25 Medical and health services 1 
26 Social welfare 1 
27 Labour 3 
28 HKSAR deputies to the NPC, 1 
HKSAR members of the National
Committee of CPPCC, and
representatives of relevant
national organisations
Remark: (i) Eligible corporate voters of a functional constituency shall be composed of bodies, organisations,
associations or businesses which are representative and specified in relevant laws. To be eligible as a
corporate voter of a functional constituency, an association or business should be in continuous operation for
more than three years after acquiring qualifications for that functional constituency, unless they are specified
in the electoral laws of the HKSAR.

147
 Module 2.2: Governance of the HKSAR
(Lesson 11)
Learning and Teaching Materials

Political structure of the HKSAR (6)

Activity 11

Source 1
The Constitution and the Basic Law Established the System of Democracy in
the HKSAR

—— The Constitution and the Basic Law accord the constitutional powers and
duties to the central government to establish and develop democracy in the HKSAR.
It is stipulated in Article 31 of China’s Constitution that “The state may establish
special administrative regions when necessary. The systems instituted in special
administrative regions shall, in light of specific circumstances, be prescribed by laws
enacted by the National People’s Congress.” The NPC decided to set up a drafting
committee for the HKSAR Basic Law on April 10, 1985. On July 1, the drafting
committee, consisting of 59 mainland and Hong Kong members, was formally
established. Representatives from various sectors of Hong Kong society were
involved in drafting the Basic Law, a process lasting four years and eight months.
The Basic Law was adopted at the Third Session of the Seventh NPC on April 4,
1990. It codifies the central government’s basic policies towards Hong Kong in the
form of a national law and specifies related institutional steps. The Basic Law
provides the constitutional basis for establishing and developing democracy in Hong
Kong. It also accords the central government constitutional powers and duties to
direct and make decisions on the development of democracy in the HKSAR.

—— The Basic Law provides the core components of democracy in the HKSAR
and the pathway and principles for its future development. Article 45 and Article 68
of the Basic Law provide the core components of democracy in Hong Kong and the
principles for implementation. The original versions of Annex I and Annex II of the
Basic Law laid out the methods for selecting the Chief Executive and for forming
the Legislative Council in the first decade after Hong Kong’s return to China, as
well as the processes for amending these methods after 2007. The Decision of the
National People’s Congress on the Method for the Formation of the First
Government and the First Legislative Council of the Hong Kong Special
Administrative Region was adopted on April 4, 1990 together with the Basic Law,
specifying the method to be used. Hong Kong practices an executive-led system with
the Chief Executive at its core. Under this system, there are checks and balances and
coordination between the executive and legislative branches, and the judiciary
exercises its power independently. In the Explanations on the Basic Law of the Hong
Kong Special Administrative Region of the People’s Republic of China (Draft) and
Its Related

148
Documents, the Drafting Committee for the Basic Law underlined that to ensure the
prosperity and stability of Hong Kong, the political system should conform to the
principle of “One Country, Two Systems” and respect the legal status and realities
of the region. It should accommodate the interests of all sectors of Hong Kong
society and facilitate Hong Kong’s economic growth under capitalism. The best
practices of Hong Kong’s previous political system should be maintained, together
with an orderly and phased development of democracy. These are the principles for
developing democracy in the region.

Paragraph 2 of Article 45 of the Basic Law provides: “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 suffrage upon nomination by a broadly representative nominating
committee in accordance with democratic procedures.” Paragraph 2 of Article 68
provides: “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.”
This sets dual universal suffrage as the ultimate goal in developing democracy in
Hong Kong.

—— The Basic Law embodies the principle of Hong Kong people governing Hong
Kong, with patriots at the core. Article 2 of the Basic Law provides: “The National
People’s Congress authorizes the Hong Kong Special Administrative Region to
exercise a high degree of autonomy and enjoy executive, legislative and independent
judicial power, including that of final adjudication, in accordance with the provisions
of this Law.” Article 3 continues: “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 104 provides: “When assuming office, the Chief Executive, principal
officials, members of the Executive Council and of the Legislative Council, judges
of the courts at all levels and other members of the judiciary in the Hong Kong
Special Administrative Region must, in accordance with law, swear to uphold the
Basic Law of the Hong Kong Special Administrative Region of the People’s
Republic of China and swear allegiance to the Hong Kong Special Administrative
Region of the People’s Republic of China.” These provisions of the Basic Law
encapsulate the principle of Hong Kong people governing Hong Kong, as expressed
in the words of former Chinese leader Deng Xiaoping: “We are confident that our
fellow Chinese in Hong Kong can govern Hong Kong well… Hong Kong must be
governed by the people of Hong Kong, with patriots at the core.” These statements
set the parameters for Hong Kong’s governance under the policy of One Country,
Two Systems, which underpin full democracy in Hong Kong.

149
 —— The Basic Law grants extensive democratic rights and freedoms to Hong Kong
residents. Under the Basic Law, permanent residents of the HKSAR have the right
to vote and the right to stand for election in accordance with the law, and Hong Kong
residents have freedom of speech, freedom of the press and publication, freedom of
association, assembly, procession and demonstration, and other rights and freedoms
provided for under the Basic Law and the laws of the HKSAR. The provisions of
the International Covenant on Civil and Political Rights, the International Covenant
on Economic, Social and Cultural Rights, and international labor conventions as
applicable to Hong Kong remain in force and shall be implemented through the laws
of Hong Kong. In addition, the Basic Law stipulates that Chinese citizens who are
HKSAR residents are entitled to participate in the management of state affairs in
accordance with the law. Furthermore, permanent residents of the HKSAR who are
not of Chinese nationality also enjoy extensive political rights, including the right
to vote and the right to stand for election. By any standard, Hong Kong’s system of
democracy is highly open and inclusive.

Source of information: Information Office of the State Council, The PRC (2021), Hong Kong
Democratic Progress under the Framework of “One Country, Two Systems”,
https://www.chinadailyhk.com/article/252582#Full-text:-White-paper-on-Hong-Kong's-
democratic-development

1. According to Paragraph 1 of Source 1, which documents accord the constitutional

powers and duties to the central government to establish and develop democracy
in the HKSAR as well as accord the central government constitutional powers and
duties to direct and make decisions on the development of democracy in the
HKSAR?
The Constitution and the Basic Law.

2. According to Paragraph 2 of Source 1, the political system of the HKSAR should

conform to the principle of “One Country, Two Systems” and respect the legal
status and realities of the region so as to ensure the prosperity and stability of Hong
Kong. Accordingly, what principles should be followed for developing democracy
in the HKSAR?
The interests of all sectors of Hong Kong society should be accommodated
and Hong Kong’s economic growth under capitalism should be facilitated.
The best practices of Hong Kong’s previous political system should be
maintained, together with an orderly and phased development of
democracy.

150
3. According to Article 45(2) and Article 68(2) of the Basic Law in Paragraph 3 of
Source 1, the method for selecting the Chief Executive and the method for forming
the Legislative Council shall be specified in the light of and in accordance with
what?
They shall be specified in the light of the actual situation in the HKSAR
and in accordance with the principle of gradual and orderly progress.

4. According to Paragraph 4 of Source 1, what principle has been embodied by the

Basic Law?
The principle of Hong Kong people governing Hong Kong, with patriots
at the core.

5. According to Paragraph 5 of Source 1, what political rights are also enjoyed by

permanent residents of the HKSAR who are not of Chinese nationality?
The right to vote and the right to stand for election.

151
Worksheet 23: The ultimate goal of election by universal suffrage of
the Chief Executive and all members of the Legislative
Council is stipulated by the Basic Law

Source 1

Developing Democracy in Line with Hong Kong’s Realities

There is no single set of criteria for democracy and no single model of

democracy that is universally acceptable. Democracy works only when it suits
actual conditions and solves actual problems. The social and political crises and
turbulence in some countries and regions in recent years are evidence that there is
no perfect democracy anywhere in the world. Disregarding the reality of one’s own
country and blindly copying the systems of others often causes chaos and brings
disaster to the people.

The political system of the HKSAR applies locally. This is determined by the
region’s constitutional status under the “One Country, Two Systems” framework
and by its actual conditions. Therefore, the system of democracy in Hong Kong
should not be a replica of some other model. Rather, a path to democracy in Hong
Kong should be explored under the policy of “One Country, Two Systems” and the
Basic Law and in keeping with its political, economic, social, cultural and historical
conditions.

—— Democracy in Hong Kong should be guided by the central authorities and

make steady progress in accordance with the law. The central authorities have the
final say in determining the system of democracy in the HKSAR, which is a matter
of national sovereignty and security, a reflection of the nature of relationship
between the central authorities and the HKSAR, and one that affects the region’s
long-term peace, stability and prosperity. Only under central guidance can Hong
Kong expect its democracy to make healthy progress. The central authorities
exercise their constitutional power by law, and the NPC and its Standing Committee
revise and improve the electoral system in the HKSAR, according to a process that
is fair, just, lawful and constitutional. This is the path along which democracy
should progress in Hong Kong. Any system of democracy takes time to form and
proceeds in stages. These stages are more than simply quantitative units; they
should also be measured against quality.

—— The constitutional order must be consolidated to safeguard national

security. …

—— The executive-led system should be implemented to ensure good

governance. …

152
 —— There should be balanced participation in governance, and Hong Kong
should remain open and pluralistic. Under the “One Country, Two Systems”
framework, Hong Kong will maintain its capitalist economic model and way of life
for a long period of time. Development of democracy in Hong Kong must be
conducive to economic development under capitalism, and the interests of all social
groups, sectors and stakeholders should be protected by law. A broadly based
mechanism of public representation should be formed to advance balanced political
participation. Development of democracy in Hong Kong should help the region to
integrate into the broader framework of national development, and keep it highly
open, as the common home of both Chinese and foreign residents who work and
live here, and a destination of opportunity for entrepreneurs and investors from
around the world.

—— The rule of law will be upheld to protect personal rights and

freedoms. …

—— Democracy should be promoted in many forms. Democracy comes in

many forms. It cannot be reduced to the simplistic question of whether there are
elections, and elections themselves cannot be defined exclusively as direct
elections. Nor can progress in democracy be defined only as more representation
from direct elections. What matters is whether public representation is expanding
and whether the fundamental interests and the common will of the people are
faithfully represented. For democracy to develop in Hong Kong, measures should
be taken to improve the electoral system, and more forms of democracy –
consultation, inquiry, hearing and dialogue – should be tested, to open up more
channels for democracy of quality and substance.

—— The economy will be boosted for the greater benefit of the people of
Hong Kong. …

The central government will continue to develop and improve democracy in

Hong Kong in line with its realities and in accordance with the Constitution, the
Basic Law, and the relevant decisions of the NPC and its Standing Committee. It
will work with all social groups, sectors and stakeholders towards the ultimate goal
of election by universal suffrage of the Chief Executive and all members of the
Legislative Council. Under the framework of “One Country, Two Systems”, the
prospects are bright for democracy in Hong Kong.

Source of information: Information Office of the State Council, The PRC (2021), Hong Kong
Democratic Progress under the Framework of “One Country, Two Systems”,
https://www.chinadailyhk.com/article/252582#Full-text:-White-paper-on-Hong-Kong's-
democratic-development

153
1. According to Paragraph 2 of Source 1, what should be followed when exploring a
path to democracy in Hong Kong?
The path to democracy should be explored under the policy of “One Country,
Two Systems” and the Basic Law and in keeping with its political, economic,
social, cultural and historical conditions.

2. According to Paragraph 3 of Source 1, what do the central authorities have in

regarding the determination of the system of democracy in the HKSAR?
The central authorities have the final say in determining the system of
democracy in the HKSAR.

3. According to Paragraph 3 of Source 1, any system of democracy takes time to form

and proceeds in stages. Apart from simply quantitative units, what should these
stages be measured against?
They should also be measured against quality.

4. According to Paragraph 6 of Source 1, which three aspects must the development

of democracy in the HKSAR be conducive to?
(i) It must be conducive to economic development under capitalism, and
the interests of all social groups, sectors and stakeholders should be
protected by law. A broadly based mechanism of public representation
should be formed to advance balanced political participation.
(ii) It should help the HKSAR to integrate into the broader framework of
national development.
(iii) It should keep the HKSAR highly open, as the common home of both
Chinese and foreign residents who work and live here, and a
destination of opportunity for entrepreneurs and investors from around
the world.

5. According to Paragraph 8 of Source 1, apart from taking measures to improve the

electoral system, what should be tested to open up more channels for democracy
of quality and substance so as to develop democracy in the HKSAR?
More forms of democracy – consultation, inquiry, hearing and dialogue –

154
 should be tested.

6. According to Paragraph 10 of Source 1, the Central Government will continue to

develop and improve democracy in Hong Kong in line with its realities and in
accordance with what?
The Constitution, the Basic Law, and the relevant decisions of the NPC and
its Standing Committee.

7. Following the above question, the Central Government will work with whom
towards the ultimate goal of election by universal suffrage of the Chief Executive
and all members of the Legislative Council?
It will work with all social groups, sectors and stakeholders.

155
 Module 2.2: Governance of the HKSAR
(Lesson 12)
Learning and Teaching Materials

HKSAR’s duty to safeguard national security (1)

Activity 12

Source 1
Constitution
Chapter II - Fundamental Rights and Obligations of Citizens
Article 51
When exercising their freedoms and rights, citizens of the People’s Republic of
China shall not undermine the interests of the state, society or collectives, or infringe
upon the lawful freedoms and rights of other citizens.
Article 52
Citizens of the People's Republic of China shall have the obligation to safeguard
national unity and the solidarity of all the country’s ethnic groups.
Article 53
Citizens of the People’s Republic of China must abide by the Constitution and the
law, keep state secrets, protect public property, observe discipline in the workplace,
observe public order, and respect social morality.
Article 54
Citizens of the People’s Republic of China shall have the obligation to safeguard
the security, honor and interests of the motherland; they must not behave in any way
that endangers the motherland’s security, honor or interests.
Article 55(1)
It is the sacred duty of every citizen of the People’s Republic of China to defend the
motherland and resist aggression.
Source of information: Basic Law website>Constitution>Chapter II,
https://www.basiclaw.gov.hk/en/constitution/chapter2.html

156
1. According to Source 1, fill in the following table with the different obligations and
duties of citizens of the People’s Republic of China to the state:

Constitution Obligations and duties of citizens to the state

Article 51 shall not undermine the interests of the state when exercising
freedoms and rights

Article 52 safeguard national unity and solidarity of all the country’s

ethnic groups

Article 53 keep state secrets

Article 54 safeguard the security, honour and interests of the motherland;

must not behave in any way that endangers the motherland’s
security, honour, or interests

Article 55(1) defend the motherland and resist aggression

2. Which article in the Basic Law is most relevant to the answer mentioned in
question 1? [It is only necessary to write the relevant article number to answer this
question.]
Article 23.

157
Worksheet 24: The HKSAR’s constitutional duty and legislative
obligation to safeguard national security

Source 1

Constitution
Chapter I - General Principles
Article 28
The state shall maintain public order, suppress treason and other criminal activities
that jeopardize national security, punish criminal activities, including those that
endanger public security or harm the socialist economy, and punish and reform
Source of information: Basic Law website>Constitution>Chapter I,
https://www.basiclaw.gov.hk/en/constitution/chapter1.html

Source 2
National Security Law of the People’s Republic of China
Article 15(2)
The state shall prevent, frustrate, and legally punish any conduct that betrays the
country, splits the country, incites rebellion, subverts or incites the subversion of the
people’s democratic dictatorship; prevent, frustrate, and legally punish any conduct
that compromises national security such as stealing and divulging state secrets; and
prevent, frustrate, and legally punish any penetration, destruction, subversion, and
secession activities of overseas forces.
Article 28
The state shall combat all forms of terrorism and extremism, strengthen the
construction of capability in preventing and punishing terrorism, legally conduct the
work of intelligence, investigation, prevention, punishment and funds supervision,
etc., legally ban terrorist organisations and severely punish violent terrorist
i ii
Source of information: Translated from 新華社（2015 年 7 月 10 日） ，中華人民共和國國
家安全法，載於人大新聞網，
http://npc.people.com.cn/BIG5/n/2015/0710/c14576-27285049.html

158
Source 3
Basic Law
Chapter II - Relationship between the Central Authorities and the Hong Kong
Special Administrative Region
Article 23
The Hong Kong Special Administrative Region shall enact laws on its own to
prohibit any act of treason, secession, sedition, subversion against the Central
People’s Government, or theft of state secrets, to prohibit foreign political
organisations or bodies from conducting political activities in the Region, and to
prohibit political organisations or bodies of the Region from establishing ties with
foreign political organisations or bodies.

Source of information: Basic Law website>Basic Law>Chapter II>,

https://www.basiclaw.gov.hk/en/basiclaw/chapter2.html

Source 4

 National security is a matter within the purview of the Central Authorities.

Whether it is a unitary or federal state, legislation on national security is
invariably carried out by the central authorities rather than local governments.
 Article 23 of the Basic Law is a provision on the relationship between the
Central Authorities and the HKSAR. It stipulates that Hong Kong “shall enact
laws on its own” to prohibit seven types of acts and activities that endanger
national security. It is an obligatory provision rather than a clause on delegation
of power. It demonstrates the confidence the Central Authorities have in the
HKSAR, but this act of faith does not mean that the Central Authorities have
given up their power in national security matters which are under their purview.
Source of information: Pamphlet on The Law of the People’s Republic of China on
Safeguarding National Security in the Hong Kong Special Administrative Region – Preserve
One Country, Two Systems, Restore Stability (2020), Information Services Department,
HKSAR Government,
https://www.isd.gov.hk/nationalsecurity/eng/pdf/NSL_QnA_Book.pdf

1. According to Source 1, as stipulated by the Constitution, how shall the state deal
with treason and other criminal activities that jeopardize national security?
Suppress.

2. According to Source 2, Article 15(2) of the National Security Law of the People’s
Republic of China stipulates that the state shall prevent, stop, and punish three
types of acts and activities in accordance with the law. Please fill in the three types
of acts and activities in the 2nd column of the table below.

159
 Article 15(2) of the National Article 23 of the Basic Law
Security Law of the People’s
Republic of China
(a) any conduct that betrays the any act of treason, secession,
country, splits the country, incites sedition, subversion against the
rebellion, subverts or incites the Central People’s Government
subversion of the people’s
democratic dictatorship

(b) any conduct that compromises theft of state secrets

national security such as stealing
and divulging state secrets

(c) any penetration, destruction, foreign political organisations or

subversion, and secession activities bodies conducting political
of overseas forces activities in the HKSAR; political
organisations or bodies of the
HKSAR establishing ties with
foreign political organisations or
bodies

3. According to Source 3, Article 23 of the Basic Law stipulates that the HKSAR
shall enact laws on its own to prohibit certain acts and activities that endanger
national security. Based on the answer to Question 2, please fill in the relevant acts
and activities in the 3rd column of the table in Question 2.

4. How is the nature of Article 23 of the Basic Law, that is, Hong Kong “shall enact
laws on its own”, described in Source 4?
An obligatory provision.

160
5. Try to use the contents of Source 1 and Article 15(2) of the National Security Law
of the People’s Republic of China in Source 2 to explain why it is pointed out in
Source 4 that “National security is a matter within the purview of the Central
Authorities”.
While discussing matters related to national security, the two sources take
the state and the people of the state as the main bodies. Only when national
security is a matter within the purview of the Central Authorities can the
Central Authorities make overall consideration and give holistic responses.

161
Worksheet 25: Background and legal basis of the Decision of the
National People’s Congress on Establishing and
Improving the Legal System and Enforcement
Mechanisms for the Hong Kong Special Administrative
Region to Safeguard National Security and that the
NPCSC is authorised by the NPC to enact the law

Source 1
… To safeguard national sovereignty, security and development interests, uphold
and improve the “one country, two systems” regime, safeguard the long-term
prosperity and stability of Hong Kong, and safeguard the legitimate rights and
interests of Hong Kong residents, the NPC has made the following decision
pursuant to Articles 31, 62(2), 62(14) and 62(16) of the Constitution of the People’s
Republic of China (PRC) and the relevant provisions of the Basic Law of the
HKSAR of the PRC.

Source of information: Decision of the National People’s Congress on Establishing and

Improving the Legal System and Enforcement Mechanisms for the Hong Kong Special
Administrative Region to Safeguard National Security, Gazette Extraordinary Published
on Tuesday, 30/06/2020, No. 43 Vol. 24 - Legal Supplement No. 2,
https://www.gld.gov.hk/egazette/pdf/20202443e/es220202443135.pdf
---------------------------------------------------------------------------------------------------
---
Supplementary information
Constitution
Chapter I - General Principles
Article 31
The state may establish special administrative regions when necessary. The systems
instituted in special administrative regions shall, in light of specific circumstances,
be prescribed by laws enacted by the National People's Congress.
Chapter III - State Institutions Section 1 The National People’s Congress
Article 62
[The National People’s Congress shall exercise the following functions and
powers:]
2. overseeing the enforcement of the Constitution
14. deciding on the establishment of special administrative regions and the
systems to be instituted there
16. other functions and powers that the highest state organ of power should
exercise

Source of information: Basic Law website>Constitution,

https://www.basiclaw.gov.hk/en/constitution/index.html

162
Source 2
6. The NPC Standing Committee is entrusted to formulate relevant laws on
establishing and improving the legal system and enforcement mechanisms for the
HKSAR to safeguard national security, in order to effectively prevent, stop and punish
acts and activities to split the country, subvert state power, organise and carry out
terrorist activities and other behaviours that seriously endanger national security, as
well as activities of foreign or external forces interfering in the affairs of the HKSAR.
The NPC Standing Committee decides on including relevant laws into Annex III of
the Basic Law of the HKSAR of the PRC to be promulgated and implemented by the
HKSAR locally.

Source of information: Decision of the National People’s Congress on Establishing and

Improving the Legal System and Enforcement Mechanisms for the Hong Kong Special
Administrative Region to Safeguard National Security, Gazette Extraordinary Published on
Tuesday, 30/06/2020, No. 43 Vol. 24 - Legal Supplement No. 2,
https://www.gld.gov.hk/egazette/pdf/20202443e/es220202443135.pdf
------------------------------------------------------------------------------------------------------
Basic Law
Chapter II - Relationship between the Central Authorities and the Hong Kong Special
Administrative Region
Article 18(2) and (3)
National laws shall not be applied in the Hong Kong Special Administrative Region except
for those listed in Annex III to this Law. The laws listed therein shall be applied locally by
way of promulgation 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 specified by this Law.

Source of information: Basic Law website>Basic Law>Chapter II,

https://www.basiclaw.gov.hk/en/basiclaw/chapter2.html

1. (a) According to Source 1, in accordance with what legal documents did the
NPC make the Decision of the National People’s Congress on Establishing
and Improving the Legal System and Enforcement Mechanisms for the Hong
Kong Special Administrative Region to Safeguard National Security?
The Constitution and the Basic Law.

(b) Following the above question, what is the NPC’s purpose in making the
above decision?
To safeguard national sovereignty, security, and development interests,
uphold and improve the “one country, two systems” regime, safeguard
the long-term prosperity and stability of Hong Kong, and safeguard the

163
 legitimate rights and interests of Hong Kong residents.

2. (a) According to Source 2, what method does the NPC use to allow the NPCSC
to formulate relevant laws?
NPCSC is entrusted by the NPC to formulate relevant laws.

(b) According to Source 2, which body may add to or delete from the list of laws
in Annex III to the Basic Law?
NPCSC.

164
 Appendix 5

Know More: Implementation of the National Security

Law in the HKSAR by way of
promulgation after its addition to Annex
III to the Basic Law

The implementation of the National Security Law (NSL) in the HKSAR by way
of promulgation after its addition to Annex III to the Basic Law is in
compliance with the Basic Law

• The NPCSC has the power to add to or remove laws listed in Annex III to the
Basic Law.

• Any laws listed in Annex III to the Basic 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 HKSAR as specified by the Basic Law.

• National security is a matter within the purview of the Central Authorities.

• The NSL is a matter outside the limits of the autonomy of the HKSAR as
specified by the Basic Law.

Therefore, the implementation of the NSL in the HKSAR by way of

promulgation after its addition to Annex III to the Basic Law complies with the
relevant stipulations of the Basic Law.

165
 Homework 3: Implementation of the NSL by way of
promulgation

Source 1
In the afternoon on 28 May, the Decision of the National People’s Congress on
Establishing and Improving the Legal System and Enforcement Mechanisms for the
Hong Kong Special Administrative Region to Safeguard National Security was
passed by an overwhelming majority vote at the third session of the 13th NPC.

… The Decision indicates that “The NPCSC is entrusted to formulate relevant laws
on establishing and improving the legal system and enforcement mechanisms for the
HKSAR to safeguard national security, in order to effectively prevent, stop and
punish acts and activities to split the country, subvert state power, organise and carry
out terrorist activities and other behaviours that seriously endanger national security,
as well as activities of foreign or external forces interfering in the affairs of the
HKSAR. The NPCSC decides on including relevant laws into Annex III of the Basic
Law of the HKSAR of the PRC to be promulgated and implemented by the HKSAR
locally.” …
Source of information: Translated from 新華社（2020 年 5 月 28 日）
，《全國人大高票通過
關於建立健全香港特別行政區維護國家安全的法律制度和執行機制的決定》，載於中國
政府網，http://www.gov.cn/xinwen/2020-05/28/content_5515608.htm

Source 2
In the morning on 30 June, the Law of the People’s Republic of China on
Safeguarding National Security in the Hong Kong Special Administrative Region
(National Security Law) was passed at the 20th session of the 13th NPCSC.
President Xi Jinping signed a presidential order to promulgate the law, which goes
into effect as of the date of promulgation. The enactment of the National Security
Law was based on Decision of the National People’s Congress on Establishing and
Improving the Legal System and Enforcement Mechanisms for the Hong Kong
Special Administrative Region to Safeguard National Security (Decision) passed at
the third session of the 13th NPC. …

After the adoption of the law, the NPCSC, in accordance with the requirements of
the Decision, consulted its HKSAR Basic Law Committee and the HKSAR
Government, and adopted a decision in the afternoon on 30 June to list the law in
Annex III to the Basic Law. The newly-adopted decision stipulates that the National
Security Law shall be applied in the HKSAR by way of promulgation by the
region. …

Source of information: Translated from 新華社（2020 年 6 月 30 日） ，《全國人大常委會通

過香港特別行政區維護國家安全法並決定列入香港基本法附件三》 ，載於中國人大網，
http://www.npc.gov.cn/npc/c30834/202006/1fcbb09024fb4bc8982a901abe15efb3.shtml

166
Source 3
L. N. 136 of 2020
Promulgation of National Law 2020
WHEREAS Article 18 of the Basic Law of the Hong Kong Special Administrative
Region of the People’s Republic of China provides that the national laws listed in
Annex III to the Basic Law shall be applied locally by way of promulgation or
legislation by the Region and that 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.

AND WHEREAS at its Twentieth meeting on 30 June 2020, the Standing Committee
of the Thirteenth National People’s Congress, after consulting the Committee for the
Basic Law of the Hong Kong Special Administrative Region and the Government of
the Hong Kong Special Administrative Region, decided to add the law titled “《中
華人民共和國香港特別行政區維護國家安全法》”*, to the list of national laws
in Annex III to the Basic Law of the Hong Kong Special Administrative Region of
the People’s Republic of China.

NOW, THEREFORE, I, Carrie LAM, the Chief Executive of the Hong Kong Special
Administrative Region give notice that the law titled “《中華人民共和國香港特別
行政區維護國家安全法》”* as set out in the Schedule applies, from 11 p.m. on 30
June 2020, in the Hong Kong Special Administrative Region.
__________________________

Note:* For reference, an English translation of the title “《中華人民共和國香港

特別行政區維護國家安全法》” is “Law of the People’s Republic of
China on Safeguarding National Security in the Hong Kong Special
Administrative Region”.
Source of information: Promulgation of National Law 2020, Gazette Extraordinary Published
on Tuesday, 30/06/2020, No. 44 Vol. 24 - Legal Supplement No. 2,
https://www.gld.gov.hk/egazette/pdf/20202444e/es220202444136.pdf

Source 4
Law of the People’s Republic of China on Safeguarding National Security in
the Hong Kong Special Administrative Region
Article 65
The power of interpretation of this Law shall be vested in the Standing Committee
of the National People’s Congress.

Source of information: Law of the People’s Republic of China on Safeguarding National

Security in the Hong Kong Special Administrative Region, Hong Kong e-Legislation,
https://www.elegislation.gov.hk/fwddoc/hk/a406/eng_translation_(a406)_en.pdf

167
1. Please fill in the blanks in the following flow chart according to Sources 1-3.

The 3rd session of the The 20th session of After consulting

13th NPC voted entrusted the 13th NPCSC the Committee for The Chief
overwhelmingly to adopted the the Basic Law of Executive
adopt the Decision of National Security the HKSAR and promulgated that
the National People’s Law and the the HKSAR “the National
Congress on President signed the Government, the Security Law as
Establishing and decree to NPCSC decided to set out in the
Improving the Legal promulgate the law add the National Schedule applies,
System and which came into Security Law to from 11 p.m. on
Enforcement effect on the same the list of national 30 June 2020, in
Mechanisms for the day. laws in Annex III the HKSAR”
Hong Kong Special to the Basic Law.
Administrative
Region to Safeguard
National Security.

28/5/2020 30/6/2020 30/6/2020 30/6/2020

a.m. p.m. night

168
2. With reference to Sources 1 of worksheet 8 “Interpretation of the Basic Law”,
explain why Article 65 of the NSL in Source 4 stipulates that “The power of
interpretation of this Law shall be vested in the Standing Committee of the
National People’s Congress”?
It is because the NPCSC has the power to “interpret laws” according to the
Constitution.

169
 Module 2.2: Governance of the HKSAR
(Lesson 13)
Learning and Teaching Materials

HKSAR’s duty to safeguard national security (2)

Worksheet 26: CPG’s responsibility for national security affairs
relating to the HKSAR

Source 1
1. The country unswervingly, fully and faithfully implements the principles of
“one country, two systems”, “Hong Kong people administering Hong Kong”
and a high degree of autonomy; upholds that Hong Kong be administered in
strict accordance with the law; upholds the Constitution and the constitutional
order in the HKSAR established by the Basic Law of the HKSAR; takes
necessary measures to establish and improve the legal system and
enforcement mechanisms for the HKSAR to safeguard national security, as
well as to prevent, stop and punish in accordance with the law acts and
activities endangering national security.
2. The country resolutely opposes interference in the HKSAR’s affairs by any
foreign or external forces in any form, and will take necessary
countermeasures to prevent, stop and punish in accordance with the law
activities of secession, subversion, infiltration and sabotage carried out by
foreign or external forces in Hong Kong.
…

Source of information: Decision of the National People’s Congress on Establishing and

Improving the Legal System and Enforcement Mechanisms for the Hong Kong Special
Administrative Region to Safeguard National Security, Gazette Extraordinary Published on
Tuesday, 30/06/2020, No. 43 Vol. 24 - Legal Supplement No. 2,
https://www.gld.gov.hk/egazette/pdf/20202443e/es220202443135.pdf

Source 2
Law of the People’s Republic of China on Safeguarding National Security in
the Hong Kong Special Administrative Region
Article 2
The provisions in Articles 1 and 12 of the Basic Law of the Hong Kong Special
Administrative Region on the legal status of the Hong Kong Special Administrative
Region are the fundamental provisions in the Basic Law. No institution, organisation
or individual in the Region shall contravene these provisions in exercising their
rights and freedoms.
Article 3(1)
The Central People’s Government has an overarching responsibility for national
security affairs relating to the Hong Kong Special Administrative Region.

Source of information: Law of the People’s Republic of China on Safeguarding National

Security in the Hong Kong Special Administrative Region, Hong Kong e-Legislation,
https://www.elegislation.gov.hk/fwddoc/hk/a406/eng_translation_(a406)_en.pdf

170
Source 3
Basic Law
Chapter I - General Principles
Article 1
The Hong Kong Special Administrative Region is an inalienable part of the People’s
Republic of China.
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.
Source of information: Basic Law website> Basic Law,
https://www.basiclaw.gov.hk/en/basiclaw/index.html

1. (a) According to Source 1, who will take necessary measures to establish and
improve the legal system and enforcement mechanisms for the HKSAR to
safeguard national security, as well as to prevent, stop and punish in
accordance with the law acts and activities endangering national security?
The country.

(b) According to Source 1, what activities carried out by foreign or external

forces in Hong Kong should the country prevent, stop, and punish in
accordance with the law?
Secession, subversion, infiltration, and sabotage.

2. (a) How does Source 2 describe the importance of Article 1 and Article 12 of the
Basic Law?
They are the fundamental provisions on the legal status of the HKSAR.

(b) According to Source 2, what is the relationship between the exercise of rights
and freedoms by any institution, organisation, and individual in the HKSAR
and the provisions of Articles 1 and 12 of the Basic Law?
The provisions of Article 1 and Article 12 of the Basic Law shall not be
contravened.

3. (a) According to Source 2, who has an overarching responsibility for national

security affairs relating to the HKSAR?
The Central People’s Government / CPG.

(b) According to Source 3, why is the institution mentioned in the answer to 3.

(a) has an overarching responsibility for national security affairs relating to
the HKSAR?
It is because the HKSAR is a local administrative region of the country
which enjoys a high degree of autonomy and comes directly under the
CPG.

171
Worksheet 27: HKSAR’s duty to safeguard national security

Source 1
National Security Law of the People’s Republic of China
Article 11(2)
The sovereignty and territorial integrity of China shall not be infringed and divided.
It is the common responsibility of all the people of China, including the compatriots
of Hong Kong, Macao and Taiwan, to safeguard the sovereignty, unity and territorial
integrity.
Article 40(3)
The Hong Kong Special Administrative Region and the Macao Special
Administrative Region shall perform their duties for safeguarding national security.

Source of information: Translated from 人民網>人大新聞網（2015 年 7 月 10 日） ，《中

華人民共和國國家安全法》 ，http://npc.people.com.cn/BIG5/n/2015/0710/c14576-
27285049.html
---------------------------------------------------------------------------------------------------
---
Decision of the National People’s Congress on Establishing and Improving the
Legal System and Enforcement Mechanisms for the Hong Kong Special
Administrative Region to Safeguard National Security
…
3. It is the HKSAR’s constitutional responsibilities to safeguard national
sovereignty, unity and territory integrity. The HKSAR must complete the national
security legislation stipulated in the Basic Law of the HKSAR at an earlier date.
The HKSAR’s administrative, legislative and judicial organs must, in accordance
with relevant laws and regulations, effectively prevent, stop and punish acts and
activities endangering national security.
…
Source of information: Decision of the National People’s Congress on Establishing and
Improving the Legal System and Enforcement Mechanisms for the Hong Kong
Special Administrative Region to Safeguard National Security, Gazette
Extraordinary Published on Tuesday, 30/06/2020, No. 43 Vol. 24 - Legal
Supplement No. 2,
https://www.gld.gov.hk/egazette/pdf/20202443e/es220202443135.pdf

172
Source 2
Law of the People’s Republic of China on Safeguarding National Security in
the Hong Kong Special Administrative Region
Article 3(2)
It is the duty of the Hong Kong Special Administrative Region under the
Constitution to safeguard national security and the Region shall perform the duty
accordingly.
Article 6
It is the common responsibility of all the people of China, including the people of
Hong Kong, to safeguard the sovereignty, unification and territorial integrity of the
People’s Republic of China.
Any institution, organisation or individual in the Hong Kong Special Administrative
Region shall abide by this Law and the laws of the Region in relation to the
safeguarding of national security, and shall not engage in any act or activity which
endangers national security.
A resident of the Region who stands for election or assumes public office shall
confirm in writing or take in oath to uphold the Basic Law of the Hong Kong Special
Administrative Region of the People’s Republic of China and swear allegiance to
the Hong Kong Special Administrative Region of the People’s Republic of China in
accordance with the law.
Source of information: Law of the People’s Republic of China on Safeguarding National
Security in the Hong Kong Special Administrative Region, Hong Kong e-Legislation,
https://www.elegislation.gov.hk/fwddoc/hk/a406/eng_translation_(a406)_en.pdf

1. (a) According to Sources 1 and 2, what responsibilities does the HKSAR have
in safeguarding national sovereignty, unity, territorial integrity and national
security?
Constitutional responsibilities.

(b) According to Sources 1 and 2, what is the common responsibility of all the
people of China, including the compatriots of Hong Kong?
Safeguarding the sovereignty, unity and territorial integrity of China.

(c) According to Source 2, any institution, organisation or individual in the

HKSAR shall not engage in any act or activity which endangers national
security. What shall they abide by?
The NSL and the laws of the HKSAR in relation to the safeguarding of
national security.

173
Source 3

Decision of the National People’s Congress on Establishing and Improving the

Legal System and Enforcement Mechanisms for the Hong Kong Special
Administrative Region to Safeguard National Security
…
5. The Chief Executive of the HKSAR must regularly report to the CPG on the
HKSAR’s performance of the duty to safeguard national security, carry out national
security education, and forbid acts and activities of endangering national security in
accordance with the law, etc.
…
Source of information: Decision of the National People’s Congress on Establishing and
Improving the Legal System and Enforcement Mechanisms for the Hong Kong
Special Administrative Region to Safeguard National Security, Gazette
Extraordinary Published on Tuesday, 30/06/2020, No. 43 Vol. 24 - Legal
Supplement No. 2,
https://www.gld.gov.hk/egazette/pdf/20202443e/es220202443135.pdf
----------------------------------------------------------------------------------------------------
Law of the People’s Republic of China on Safeguarding National Security in
the Hong Kong Special Administrative Region
Article 9
The Hong Kong Special Administrative Region shall strengthen its work on
safeguarding national security and prevention of terrorist activities. The Government
of the Hong Kong Special Administrative Region shall take necessary measures to
strengthen public communication, guidance, supervision and regulation over matters
concerning national security, including those relating to schools, universities, social
organisations, the media and the internet.
Article 10
The Hong Kong Special Administrative Region shall promote national security
education in schools and universities and through social organisations, the media,
the internet and other means to raise the awareness of Hong Kong residents of
national security and of the obligation to abide by the law.
Article 11
The Chief Executive of the Hong Kong Special Administrative Region shall be
accountable to the Central People’s Government for affairs relating to safeguarding
national security in the Hong Kong Special Administrative Region and shall submit
an annual report on the performance of duties of the Region in safeguarding national
security.
The Chief Executive shall, at the request of the Central People’s Government, submit
in a timely manner a report on specific matters relating to safeguarding national
security.

Source of information: Law of the People’s Republic of China on Safeguarding National

Security in the Hong Kong Special Administrative Region, Hong Kong e-
Legislation,
https://www.elegislation.gov.hk/fwddoc/hk/a406/eng_translation_(a406)_en.pdf

174
2. (a) According to Source 3, as stipulated in the NSL, how shall the HKSAR
respond to the relevant requirement of carrying out “national security
education” in the Decision of the National People’s Congress on
Establishing and Improving the Legal System and Enforcement Mechanisms
for the Hong Kong Special Administrative Region to Safeguard National
Security?
The HKSAR shall promote national security education in schools and
universities and through social organisations, the media, the internet and
other means.

(b) Following the above question, what is the main purpose of carrying out
national security education in the HKSAR?
Raise the awareness of Hong Kong residents of national security and of
the obligation to abide by the law.

(c) According to Source 3, as stipulated in the NSL, how shall the Chief
Executive of the HKSAR respond to the requirement of regularly reporting
to “the CPG on the HKSAR’s performance of the duty to safeguard national
security” in the Decision of the National People’s Congress on Establishing
and Improving the Legal System and Enforcement Mechanisms for the Hong
Kong Special Administrative Region to Safeguard National Security?
Submit an annual report on the performance of duties of the HKSAR in
safeguarding national security.

(d) Why is the Chief Executive of the HKSAR required to be accountable to and
submit reports to the CPG in both the Decision of the National People’s
Congress on Establishing and Improving the Legal System and Enforcement
Mechanisms for the Hong Kong Special Administrative Region to Safeguard
National Security and the NSL? Try to find the relevant provision from
Section 1, Chapter 4 of the Basic Law* to answer this question.
(Please refer to the electronic version of the Basic Law in the Basic Law
website:
https://www.basiclaw.gov.hk/en/basiclaw/chapter4.html)
According to Article 43 of the Basic Law, the Chief Executive of the
HKSAR shall be accountable to the CPG in accordance with the
provisions of the Basic Law.

175
Source 4
Law of the People’s Republic of China on Safeguarding National Security in
the Hong Kong Special Administrative Region
Article 7
The Hong Kong Special Administrative Region shall complete, as early as possible,
legislation for safeguarding national security as stipulated in the Basic Law of the
Hong Kong Special Administrative Region and shall refine relevant laws.

Source of information: Law of the People’s Republic of China on Safeguarding National

Security in the Hong Kong Special Administrative Region, Hong Kong e-Legislation,
https://www.elegislation.gov.hk/fwddoc/hk/a406/eng_translation_(a406)_en.pdf
---------------------------------------------------------------------------------------------------
---
Basic Law
Chapter II - Relationship between the Central Authorities and the Hong Kong
Special Administrative Region
Article 23
The Hong Kong Special Administrative Region shall enact laws on its own to
prohibit any act of treason, secession, sedition, subversion 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.

Source of information: Basic Law website>Basic Law>Chapter II,

https://www.basiclaw.gov.hk/en/basiclaw/chapter2.html

3. (a) According to Sources 1 and 4, who shall complete, as early as possible,

legislation for safeguarding national security as stipulated in the Basic Law
and shall refine relevant laws in accordance with the Decision of the National
People’s Congress on Establishing and Improving the Legal System and
Enforcement Mechanisms for the Hong Kong Special Administrative Region
to Safeguard National Security and the NSL?
HKSAR.

(b) Following the above question, which article of the Basic Law stipulates the
relevant provisions?
Article 23.

176
Source 5

Question: Why is there a need to legislate on Article 23 of the Basic Law even
with the presence of the Hong Kong National Security Law (HKNSL)?
• Enacting local legislation on Article 23 of the Basic Law and refining laws
relevant to safeguarding national security are the constitutional
responsibilities of the Hong Kong Special Administrative Region (HKSAR).
Article 3 of the 5.28 Decision and Article 7 of the HKNSL reaffirm the need
for the HKSAR to fulfill these constitutional responsibilities as soon as
possible and shall refine relevant laws.
• While the Hong Kong version of “colour revolution” in 2019 subsided,
substantial risks remain. In addition, international landscape is ever-changing,
and risks endangering national security exist every day. To cope with
constantly arising national security risks and threats, we must seize the
opportunity to legislate as soon as possible.
• The four categories of offences provided for under Chapter III of the HKNSL,
namely the offences of secession, subversion, terrorist activities and collusion
with a foreign country or with external elements to endanger national security,
are directed at the most prominent acts and activities endangering national
security in the Hong Kong version of “colour revolution” in 2019. Among
them, the offences of secession and subversion have dealt with two of the
seven types of acts which the HKSAR shall enact laws to prohibit as
prescribed in Article 23 of the Basic Law.
• The HKSAR has a duty, as well as a practical need, to complete legislation
on Article 23 of the Basic Law to prohibit those acts and activities
endangering national security other than the four categories of offences
provided for under the HKNSL.
Source of information: Rebuttal / Frequently Asked Questions, Safeguarding National Security:
Basic Law Article 23 Legislation, Security Bureau, https://www.sb.gov.hk/eng/bl23/faq.html

4. With reference to Sources 4 and 5, fill in the appropriate spaces in the figure below
with the crimes related to safeguarding national security listed in the Hong Kong
National Security Law and Article 23 of the Basic Law.

The Hong Kong National Security Law Article 23 of the Basic Law

1. Tr e a s o n

1. Terrorist activities 2. Sedition

3. T h e f t o f s t a t e s e c re t s
2. Collusion with a
foreign country or 4. To p ro h i b i t f o re i g n p o l i t i c a l
with external 1. Subv er s ion o rg a n i z a t i o n s o r b o d i e s
elements to f ro m c o n d u c t i n g p o l i t i c a l
endanger national 2. S ec es s ion activities in the HKSAR
security
5. To p ro h i b i t p o l i t i c a l
o rg a n i z a t i o n s o r b o d i e s o f t h e
H K S A R f ro m e s t a b l i s h i n g t i e s
w i t h f o re i g n p o l i t i c a l
o rg a n i z a t i o n s o r b o d i e s

177
5. How many types of crimes endangering national security are clearly stipulated by
the Hong Kong National Security Law?

A Three types
B Four types
C Five types
D Six types

Answer：B

6. How many types of acts and activities endangering national security are prohibited
in Article 23 of the Basic Law?

A Five types
B Six types
C Seven types
D Eight types

Answer：C

7. Following the above question, do you think how the legislation on Article 23 of the
Basic Law can strengthen Hong Kong Special Administrative Region’s capacity to
safeguard national security? Please explain your answer.

Yes. Article 23 of the Basic Law clearly stipulates that the Hong Kong Special
Administrative Region (HKSAR) shall enact laws to prohibit seven types of acts
and activities that endanger national security. Two (i.e. secession and subversion
against the Central People’s Government) are directly covered by the Hong Kong
National Security Law (HKNSL). Completing the enactment of local legislation to
implement Article 23 to deal with offences not covered by HKNSL further
strengthens HKSAR’s work on safeguarding national security.

178
Source 6
Name of the Basic Law Article 23 Legislation: Safeguarding
source： National Security Ordinance
Source Security Bureau
provider：
Source： https://www.sb.gov.hk/eng/bl23/doc/Pamphlet_EN.pd
f

With reference to Source 6, the pamphlet on the “Safeguarding National Security

Ordinance” produced by the Security Bureau, answer the following questions.
8. With reference to Source 6, which of the following characteristics does the
“Safeguarding National Security Ordinance” have?
(i) Respecting and protecting human rights, and adhering to the
principle of the rule of law
(ii) Making reference to legislative experience of common law
jurisdictions to align with international practice
(iii) Incorporating the provisions of existing local laws to meet Hong
Kong’s actual circumstances
A (i)、(ii)
B (i)、(iii)
C (ii)、(iii)
D (i)、(ii)、(iii)
Answer：D

9. With reference to Source 6, which of the following main crimes are included in the
“Safeguarding National Security Ordinance”?
(i) The offence of “treason”
(ii) The offence of “insurrection”, “incitement to mutiny” and
“incitement to disaffection”, and the offences in connection with
“seditious intention”
(iii) Offences in connection with state secrets and espionage
(iv) Sabotage endangering national security
(v) Crimtes related to external interference endangering national
security and organizations engaging in activities endangering
national security
A (i)、(ii)、(iii)
B (i)、(iii)、 (iv)
C (ii)、(iii)、(v)
D (i)、(ii)、(iii)、(iv)、(v)
Answer：D

179
Source 7
Mr President and Honourable Members of the Legislative Council (LegCo),

Today marks a historic moment for Hong Kong. It is a historic moment that Hong
Kong has been waiting for 26 years, 8 months and 19 days. It is a historic moment
where the Sixth-term Government and the Seventh LegCo of the Hong Kong Special
Administrative Region (HKSAR) have finally accomplished a glorious mission
together. It is a proud moment for all of the HKSAR in collectively making glorious
history.

Today, the constitutional responsibility and historic mission of legislating for

Article 23 of the Basic Law have finally been fulfilled. The Safeguarding National
Security Bill has been passed after the third reading, ensuring the effective protection
of national security.

This year marks the tenth anniversary of President Xi Jinping’s proposal of the
holistic view of national security. On this very day, we have fulfilled our
constitutional responsibility of enacting local legislation under Article 23 of the Basic
Law. We have accomplished this historic mission, living up to the trust placed in us
by the Central Government and the country. I will sign the Bill and promulgate the
Safeguarding National Security Ordinance by publication in the Gazette on the 23rd.
In other words, the Ordinance will officially take effect on March 23, 2024.

The Safeguarding National Security Ordinance enables Hong Kong to effectively

prevent, suppress and punish espionage activities, conspiracies and traps from
foreign intelligence agencies, and infiltration and sabotage by hostile forces. We can
effectively prevent “black-clad violence” and “colour revolution”. We can effectively
prevent “Hong Kong independence” and violent destruction. We no longer need to
worry about saboteurs’ “mutual destruction” threats in Hong Kong and their acts of
damaging public facilities, throwing petrol bombs, setting fires, assaulting citizens
with differing opinions, pushing Hong Kong into an abyss, and destroying years of
our city's development. From now on, the people of Hong Kong will no longer
experience these harms and sorrows.
……
Source of information: Address by CE to LegCo on passage of Safeguarding National
Security Bill, 19 March 2024, Press Releases, HKSAR Government,
https://www.info.gov.hk/gia/general/202403/19/P2024031900717.htm?fontSize=1

180
10 With reference to Source 7, in what ways has the Hong Kong Special
Administrative Region Government fulfilled its constitutional responsibility
under Article 23 of the Basic Law?

Through local legislation, the Safeguarding National Security Bill has

been passed after the third reading.

11 According to Sources 1 and 4, who should complete the legislation for

safeguarding national security stipulated in the "Basic Law" as soon as possible
and shall refine relevant laws under the "Decision of the National People's
Congress on Establishing and Improving the Legal System and Enforcement
Mechanisms for the Hong Kong Special Administrative Region to Safeguard
National Security" and the Hong Kong National Security Law?

The HKSAR.

12 With reference to Source 7, how can the Safeguarding National Security

Ordinance effectively safeguard national security in Hong Kong?

(i) effectively prevent, suppress and punish espionage activities, conspiracies

and traps from foreign intelligence agencies
(ii) effectively prevent “black-clad violence” and “colour revolution”
(iii) effectively prevent “Hong Kong independence” and violent destruction
A (i)、(ii)
B (i)、(iii)
C (ii)、(iii)
D (i)、(ii)、(iii)
Answer：D

181
 Legal Basis of the Hong Kong National Security Law

Complete the following concept map in

accordance with the content learned in
Lessons 1 and 2:

Stipulations safeguarding national security, include: State institutions

The state may establish special
administrative regions when necessary.
The systems instituted in special The National People's Congress shall
administrative regions shall, in light of Fundamental rights The state shall maintain public order, exercise the following functions and
specific circumstances, be prescribed and obligations of suppress treason and other criminal powers, including overseeing the
by laws enacted by the National citizens (Chapter 2, activities that jeopardise national enforcement of the Constitution;
People’s Congress. (Article 31, Constitution) security, punish criminal activities, deciding on the establishment of
Constitution) including those that endanger public special administrative regions and the
security or harm the socialist economy, systems to be instituted there. (Article
and punish and reform criminals. (Article 62, Constitution)
28, Constitution)

The National People’s Congress entrusted

Standing Committee listed the
The Hong Kong Special Administrative legislation in Annex III to the Basic
Region is an inalienable part of the Hong Kong residents The Hong Kong Special Law in accordance with Article 18 of The National
People’s Republic of China. (Article 1, and other persons in Administrative Region the Basic Law. It applies locally by People’s
Basic Law) Hong Kong shall have shall enact laws on its way of promulgation from the Hong Congress
The Hong Kong Special Administrative the obligation to abide own to prohibit seven Kong Special Administrative Standing
Region shall be a local administrative by the laws in force in types of acts and Region and stipulates four types of Committee
region of the People’s Republic of China, the Hong Kong Special activities that endanger offences endangering national formulated
which shall enjoy a high degree of Administrative Region. national security. (Article security: secession, subversion, the Hong
autonomy and come directly under the (Article 42, Basic Law) 23, Basic Law) terrorist activities, collusion with a Kong
Central People’s Government. (Article foreign country or with external National
12, Basic Law) elements to endanger national Security Law.
security.
182
Extended Reading

National security is the cornerstone of national stability and the bedrock of people’s
well-being. Covering over ten fields of security, it ensures the people’s security in
an all-round manner. Under the protection of the Law of the People’s Republic of
China on Safeguarding National Security in the Hong Kong Special Administrative
Region (National Security Law), livelihood will definitely be better than before. It
is the duty of everyone to have an in-depth understanding of the holistic view of
national security and to safeguard national security.

About the “National Security Education Day”

On 1 July 2015, the National Security Law of the People’s Republic of China was
adopted at the 15th Session of the Standing Committee of the 12th National People’s
Congress, and 15 April each year was designated as the National Security Education
Day.

The National Security Education Day aims at raising public awareness of national
security, creating a positive atmosphere of safeguarding national security, enhancing
the capability to fend off national security risks, deepening public understanding of
the Constitution, the Basic Law and national security, and fostering a sense of
national identity.

We hope that on this special day of 15 April, the public will have a better
understanding of the importance of national security to the country, to the Hong
Kong Special Administrative Region and to every Hong Kong citizen, perform their
civic duty and work together to safeguard national security.
Source of information: National Security Education Day,
https://www.nsed.gov.hk/index.php?l=en

(a) According to the Source, what is the importance of national security to the
people?
National security is the cornerstone of national stability and the bedrock
of people’s well-being. Covering over ten fields of security, it ensures the
people’s security in an all-round manner.

(b) Following the above question, who has the duty to safeguard national
security?
It is the duty of everyone to safeguard national security.

183
(c) According to the Source, what is the aim of the National Security Education
Day?
It aims at raising public awareness of national security, creating a
positive atmosphere of safeguarding national security, enhancing the
capability to fend off national security risks, deepening public
understanding of the Constitution, the Basic Law and national security,
and fostering a sense of national identity.

184
 Module 2.2: Governance of the HKSAR
(Lesson 14)
Learning and Teaching Materials

HKSAR’s duty to safeguard national security (3)

Worksheet 28: NSL safeguards human rights and the rule of law

Source 1

Decision of the National People’s Congress on Establishing and Improving the

Legal System and Enforcement Mechanisms for the Hong Kong Special
Administrative Region to Safeguard National Security
… To safeguard national sovereignty, security and development interests, uphold
and improve the “one country, two systems” regime, safeguard the long-term
prosperity and stability of Hong Kong, and safeguard the legitimate rights and
interests of Hong Kong residents, …
1. The country unswervingly, fully and faithfully implements the principles of “one
country, two systems”, “Hong Kong people administering Hong Kong” and a
high degree of autonomy ; upholds that Hong Kong be administered in strict
accordance with the law; upholds the Constitution and the constitutional order in
the HKSAR established by the Basic Law of the HKSAR; …

Source of information: Decision of the National People’s Congress on Establishing and

Improving the Legal System and Enforcement Mechanisms for the Hong Kong Special
Administrative Region to Safeguard National Security, Gazette Extraordinary Published on
Tuesday, 30/06/2020, No. 43 Vol. 24 - Legal Supplement No. 2,
https://www.gld.gov.hk/egazette/pdf/20202443e/es220202443135.pdf

185
Source 2
Law of the People’s Republic of China on Safeguarding National Security in
the Hong Kong Special Administrative Region
Article 4
Human rights shall be respected and protected in safeguarding national security in
the Hong Kong Special Administrative Region. The rights and freedoms, including
the freedom of speech, of the press, of publication, of association, of assembly, of
procession and of demonstration, which the residents of the Region enjoy under the
Basic Law of the Hong Kong Special Administrative Region and the provisions of
the International Covenant on Civil and Political Rights and the International
Covenant on Economic, Social and Cultural Rights as applied to Hong Kong, shall
be protected in accordance with the law.
Article 5
The principle of the rule of law shall be adhered to in preventing, suppressing, and
imposing punishment for offences endangering national security. A person who
commits an act which constitutes an offence under the law shall be convicted and
punished in accordance with the law. No one shall be convicted or punished for an
act which does not constitute an offence under the law.
A person is presumed innocent until convicted by a judicial body. The right to defend
himself or herself and other rights in judicial proceedings that a criminal suspect,
defendant, and other parties in judicial proceedings are entitled under the law shall
be protected. No one shall be liable to be tried or punished again for an offence for
which he or she has already been finally convicted or acquitted in judicial
proceedings.
Source of information: Law of the People’s Republic of China on Safeguarding National
Security in the Hong Kong Special Administrative Region, Hong Kong e-Legislation,
https://www.elegislation.gov.hk/fwddoc/hk/a406/eng_translation_(a406)_en.pdf

186
Source 3
Basic Law
Chapter III - Fundamental Rights and Duties of the Residents
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 demonstration; and the
right and freedom to form and join trade unions, and to strike.
Article 35(1)
Hong Kong residents shall have the right to confidential legal advice, access to the
courts, choice of lawyers for timely protection of their lawful rights and interests or
for representation in the courts, and to judicial remedies.
Article 39
The provisions of the International Covenant 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
implemented 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.
Chapter IV - Political Structure Section 4 The Judiciary
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 lawfully 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.
Source of information: Basic Law website>Basic Law,
https://www.basiclaw.gov.hk/en/basiclaw/index.html

187
Source 4
(30 May 2020)
With regard to this, I will also take this opportunity to explain to you that in fact,
human rights and freedoms are not absolute, and we all know it very well. It is clearly
written in two covenants that we often talk about, the International Covenant on Civil
and Political Rights (ICCPR) and the International Covenant on Economic, Social
and Cultural Rights (ICESCR), that when people exercise human rights and
freedoms, they cannot affect the national security of the countries concerned.
Therefore, the protection of human rights and freedoms should not be regarded as
absolute. Legal and international practices, including international covenants,
provide for certain permissive restrictions on human rights and freedoms. These
provisions are clearly written in the covenants that I have mentioned above.

(6 June 2020)
Of course, there are some differences between the civil law system on the Mainland
and the common law system in Hong Kong. But now, let’s talk about some very
basic and important principles, for example, national security. In fact, every country,
whether it is with a civil law system or a common law system, has the same
requirements for national security. Secondly, perhaps we have many concerns about
whether there are differences with regard to the criminal laws. Actually, the
presumption of innocence, burden of proof and the standard of proof of beyond
reasonable doubt in the Criminal Law of the People’s Republic of China are
consistent with those specified in Hong Kong’ criminal law, and there is no big
difference. Therefore, you don’t have to worry too much. As to how to make the
public understand more, I believe that if we continue to explain more, the public will
gradually understand the matter objectively.

(7 July 2020)
[NSL] Article 4 stipulates that human rights shall be respected and protected in
safeguarding national security in the HKSAR. The rights and freedoms, which Hong
Kong residents enjoy under the Basic Law and the provisions of the ICCPR and the
ICESCR as applied to Hong Kong, shall be protected in accordance with the law.
Important principles of the rule of law are embodied in Article 5. They include
conviction and sentencing of crimes should be well defined in the law, presumption
of innocence, the right to defend himself or herself and other rights in judicial
proceedings that a criminal suspect, defendant, and other parties in judicial
proceedings are entitled to, and no one shall be liable to be tried or punished again
for an offence for which he or she has already been finally convicted or acquitted in
judicial proceedings. Apart from this, Article 39 is about non-retrospectivity (the
NSL applies only to acts after its commencement).

Source of information: Translated from 律政司網頁，主頁>新聞及演辭>律政司司長，

https://www.doj.gov.hk/chi/index.html

1. (a) To “safeguard the legitimate rights and interests of Hong Kong residents” is
mentioned in Source 1. Article 4 of the NSL in Source 2 stipulates that “the
rights and freedoms, including the freedoms of speech, of the press, of

188
 publication, of association, of assembly, of procession and of demonstration”,
which the residents of the Region enjoy under certain documents shall be
protected in accordance with the law. What are these documents?
The Basic Law and the provisions of the ICCPR and the ICESCR as
applied to Hong Kong.

(b) According to Source 3, which article of the Basic Law mentions “freedom of
speech, of the press and of publication; freedom of association, of assembly,
of procession and of demonstration”?
Article 27.

(c) Source 4 indicated that “the protection of human rights and freedoms should
not be regarded as absolute”. What restrictions are they subject to?
Certain permissive restrictions.

2. (a) In Source 2, what are the three principles of the rule of law mentioned in
Article 5 (2) of the NSL?
(i) A person is presumed innocent until convicted by a judicial body.
(ii) The right to defend himself or herself and other rights in judicial
proceedings that a criminal suspect, defendant, and other parties
in judicial proceedings are entitled to under the law shall be
protected.
(iii) No one shall be liable to be tried or punished again for an offence
for which he or she has already been finally convicted or
acquitted in judicial proceedings.

(b) Following the above question, which principle of the rule of law is mentioned
in both Source 3 and Source 4?
Presumed innocent / presumption of innocence.

(c) According to Source 4, what may worry the public?

There are some differences between the civil law system on the Mainland
and the common law system in Hong Kong.

189
(d) According to Source 4, how can the government alleviate the public’s
worries?
The government can continue to explain more that the two systems are
consistent and there is no big difference. Then the public will gradually
understand the matter objectively.

190
Worksheet 29: NSL stipulates four types of offences that endanger
national security

Source 1
Law of the People’s Republic of China on Safeguarding National Security in
the Hong Kong Special Administrative Region
Chapter III Offences and Penalties Part 1 Secession
Article 20
A person who organises, plans, commits or participates in any of the following acts,
whether or not by force or threat of force, with a view to committing secession or
undermining national unification shall be guilty of an offence:
(1) separating the Hong Kong Special Administrative Region or any other part of
the People’s Republic of China from the People’s Republic of China;
(2) altering by unlawful means the legal status of the Hong Kong Special
Administrative Region or of any other part of the People’s Republic of China;
or
(3) surrendering the Hong Kong Special Administrative Region or any other part
of the People’s Republic of China to a foreign country.
…
Article 21
A person who incites, assists in, abets or provides pecuniary or other financial
assistance or property for the commission by other persons of the offence under
Article 20 of this Law shall be guilty of an offence. …

Source of information: Law of the People’s Republic of China on Safeguarding National

Security in the Hong Kong Special Administrative Region, Hong Kong e-Legislation,
https://www.elegislation.gov.hk/fwddoc/hk/a406/eng_translation_(a406)_en.pdf

191
Source 2

Law of the People’s Republic of China on Safeguarding National Security in

the Hong Kong Special Administrative Region
Chapter III Offences and Penalties Part 2 Subversion
Article 22
A person who organises, plans, commits or participates in any of the following acts
by force or threat of force or other unlawful means with a view to subverting the
State power shall be guilty of an offence:
(1) overthrowing or undermining the basic system of the People’s Republic of
China established by the Constitution of the People’s Republic of China;
(2) overthrowing the body of central power of the People’s Republic of China or
the body of power of the Hong Kong Special Administrative Region;
(3) seriously interfering in, disrupting, or undermining the performance of duties
and functions in accordance with the law by the body of central power of the
People’s Republic of China or body of power of the Hong Kong Special
Administrative Region; or
(4) attacking or damaging the premises and facilities used by the body of power
of the Hong Kong Special Administrative Region to perform its duties and
functions, rendering it incapable of performing its normal duties and functions.
…
Article 23
A person who incites, assists in, abets or provides pecuniary or other financial
assistance or property for the commission by other persons of the offence under
Article 22 of this Law shall be guilty of an offence. …

Source of information: Law of the People’s Republic of China on Safeguarding National

Security in the Hong Kong Special Administrative Region, Hong Kong e-Legislation,
https://www.elegislation.gov.hk/fwddoc/hk/a406/eng_translation_(a406)_en.pdf

192
Source 3
Law of the People’s Republic of China on Safeguarding National Security in
the Hong Kong Special Administrative Region
Chapter III Offences and Penalties Part 3 Terrorist Activities
Article 24
A person who organises, plans, commits, participates in or threatens to commit any
of the following terrorist activities causing or intended to cause grave harm to the
society with a view to coercing the Central People’s Government, the Government
of the Hong Kong Special Administrative Region or an international organisation or
intimidating the public in order to pursue political agenda shall be guilty of an
offence:
(1) serious violence against a person or persons;
(2) explosion, arson, or dissemination of poisonous or radioactive substances,
pathogens of infectious diseases or other substances;
(3) sabotage of means of transport, transport facilities, electric power or gas
facilities, or other combustible or explosible facilities;
(4) serious interruption or sabotage of electronic control systems for providing
and managing public services such as water, electric power, gas, transport,
telecommunications and the internet; or
(5) other dangerous activities which seriously jeopardise public health, safety or
security.
…
Article 25(1)
A person who organises or takes charge of a terrorist organisation shall be guilty of
an offence …
Article 26(1)
A person who provides support, assistance or facility such as training, weapons,
information, funds, supplies, labour, transport, technologies or venues to a terrorist
organisation or a terrorist, or for the commission of a terrorist activity; or
manufactures or illegally possesses substances such as explosive, poisonous or
radioactive substances and pathogens of infectious diseases or uses other means to
prepare for the commission of a terrorist activity, shall be guilty of an offence ...
Article 27
A person who advocates terrorism or incites the commission of a terrorist activity
shall be guilty of an offence. …

Source of information: Law of the People’s Republic of China on Safeguarding National

Security in the Hong Kong Special Administrative Region, Hong Kong e-Legislation,
https://www.elegislation.gov.hk/fwddoc/hk/a406/eng_translation_(a406)_en.pdf

193
Source 4
Law of the People’s Republic of China on Safeguarding National Security in
the Hong Kong Special Administrative Region
Chapter III Offences and Penalties Part 4 Collusion with a Foreign
Country or with External Elements to Endanger National Security
Article 29(1)
A person who steals, spies, obtains with payment, or unlawfully provides State
secrets or intelligence concerning national security for a foreign country or an
institution, organisation or individual outside the mainland, Hong Kong, and Macao
of the People’s Republic of China shall be guilty of an offence; a person who requests
a foreign country or an institution, organisation or individual outside the mainland,
Hong Kong, and Macao of the People’s Republic of China, or conspires with a
foreign country or an institution, organisation or individual outside the mainland,
Hong Kong, and Macao of the People’s Republic of China, or directly or indirectly
receives instructions, control, funding or other kinds of support from a foreign
country or an institution, organisation or individual outside the mainland, Hong
Kong, and Macao of the People’s Republic of China, to commit any of the following
acts shall be guilty of an offence:
(1) waging a war against the People’s Republic of China, or using or threatening
to use force to seriously undermine the sovereignty, unification and territorial
integrity of the People’s Republic of China;
(2) seriously disrupting the formulation and implementation of laws or policies by
the Government of the Hong Kong Special Administrative Region or by the
Central People’s Government, which is likely to cause serious consequences;
(3) rigging or undermining an election in the Hong Kong Special Administrative
Region, which is likely to cause serious consequences;
(4) imposing sanctions or blockade, or engaging in other hostile activities against
the Hong Kong Special Administrative Region or the People’s Republic of
China; or
(5) provoking by unlawful means hatred among Hong Kong residents towards the
Central People’s Government or the Government of the Region, which is likely
to cause serious consequences.
…

Source of information: Law of the People’s Republic of China on Safeguarding National

Security in the Hong Kong Special Administrative Region, Hong Kong e-Legislation,
https://www.elegislation.gov.hk/fwddoc/hk/a406/eng_translation_(a406)_en.pdf

194
Source 5

Political security includes the security of the body of power, system, and ideology,
etc. It is the foundation of national security. It is of fundamental and overall
significance for ensuring people’s security, safeguarding national interests,
continuously improving the sense of gain, happiness, and security of all citizens, and
realizing the long-term stability of the country. While facing the threats of hostile
activities such as infiltration, secession, and subversion, we must strengthen the
leadership by the Party with firm ideals and beliefs to safeguard political security.
Homeland security includes the security of the territory, natural resources,
infrastructure, etc. The core of it refers to territorial integrity, national unity, and the
status of borders and frontiers, territorial airspace, maritime rights and interests, etc.
are not infringed or threatened. It is a basic condition for national survival and
development. While facing the provocation of separatist forces at home and abroad,
we must strengthen national defence and diplomatic capacity building to safeguard
homeland security.
Source of information: Translated from 中華人民共和國教育部網頁（2020 年 10 月 20 日） ，
教育部關於印發《大中小學國家安全教育指導綱要》的通知：附件《大中小學國家安
全 教 育 指 導 綱 要 》 ，
http://www.moe.gov.cn/srcsite/A26/s8001/202010/t20201027_496805.html

1. (a) What are the purposes of the three dimensions of the offence described in
Source 1?
Committing secession or undermining national unification.

(b) What is the purpose of the four dimensions of the offence described in
Source 2?
Subverting the State power.

(c) According to Sources 1 and 2, what are the two types of the acts of offences?
(i) A person who organises, plans, commits, or participates in any of
the acts of the offence.

(ii) A person who incites, assists in, abets, or provides pecuniary or

other financial assistance or property for the commission by
other persons of the offence.

2. In Source 3, what are the main differences among the offences mentioned in
Articles 25 to 27 of the NSL?
The offence mentioned in Article 25 is organising or taking charge of a
terrorist organisation. The offence mentioned in Article 26 is providing

195
 support, assistance or facility such as training, weapons, information,
funds, supplies, labour, transport, technologies or venues to a terrorist
organisation or a terrorist, or for the commission of a terrorist activity.
The offence mentioned in Article 27 is advocating terrorism or inciting
the commission of a terrorist activity.

3. (a) According to Source 4, it is an offence to steal, spy, obtain with payment, or

unlawfully provide what information “for a foreign country or an
institution, organisation, or individual outside the mainland, Hong Kong,
and Macao of the People’s Republic of China”?
State secrets or intelligence concerning national security.

(b) According to Source 4, what are the three types of criminal acts involving
the commission of the acts in items (1) to (5) under Article 29 of the NSL?
(i) Requests a foreign country or an institution, organisation or
individual outside the mainland, Hong Kong, and Macao of the
People’s Republic of China to commit.

(ii) Conspires with a foreign country or an institution, organisation

or individual outside the mainland, Hong Kong, and Macao of the
People’s Republic of China to commit.

(iii) Directly or indirectly receives instructions, control, funding, or

other kinds of support from a foreign country or an institution,
organisation or individual outside the mainland, Hong Kong, and
Macao of the People’s Republic of China to commit.

196
4. According to the purpose of the criminal activities that endanger national security
as mentioned in the relevant provisions in Sources 1 to 4, please put a “” in the
appropriate boxes in the following table to show whether the provisions are under
the category of “homeland security” or “political security” as described in Source

NSL Homeland Political

security security
Article 20  
Article 22 
Article 24 
Article 29
Item 1 
Items 2 to 5 

Think about it

Items (1) to (4) in Article 24 of the NSL set out clear terrorist activities,
while item (5) only mentions various illegal activities without mentioning
a specific terrorist activity. The intention of this is to cover terrorist
activities that cannot be accurately foreseen so as to avoid incompleteness
in the provision.

197
 Appendix 6

Know more: HKSAR and the enactment of

local legislation on Article 23 of
the Basic Law

Comparing Article 23 of the Basic Law and the NSL, the scopes covered by
them are different.

Article 23 of the Basic Law stipulates that the HKSAR shall enact laws on its
own to prohibit seven types of acts and activities that endanger national
security (any act of treason, secession, sedition, subversion against the CPG,
or theft of state secrets, to prohibit foreign political organisations or bodies
from conducting political activities in the HKSAR, and to prohibit political
organisations or bodies of the HKSAR from establishing ties with foreign
political organisations or bodies). The four offences (secession, subversion,
terrorist activities, and collusion with a foreign country or with external
elements to endanger national security) stipulated in the NSL only cover part
of the scopes stipulated in Article 23 of the Basic Law.

Besides, Article 7 of the NSL stipulates that: “The Hong Kong Special
Administrative Region shall complete, as early as possible, legislation for
safeguarding national security as stipulated in the Basic Law of the Hong Kong
Special Administrative Region and shall refine relevant laws”.

Therefore, the HKSAR has the duty to enact local legislation on Article 23 of
the Basic Law.

198
 Homework 4: Committee for Safeguarding National Security
of the HKSAR and CPG Office on National
Security
Source 1

Please answer the questions with reference to the information of the following webpage:
https://www.info.gov.hk/gia/general/202007/06/P2020070600530.htm?fontSize=1

1. When was the photo in Source 1 taken?

It was taken during the first meeting of the Committee for Safeguarding National
Security of the HKSAR.

2. Who is the chairperson of the Committee?

The Chief Executive of the HKSAR.

3. Apart from the chairperson, which officials of the HKSAR Government are
members of the Committee? (Only post titles are required.)
Chief Secretary for Administration, Financial Secretary, Secretary for Justice,
Secretary for Security, Commissioner of Police, Deputy Commissioner of
Police (National Security), Director of Immigration, Commissioner of Customs
and Excise, Director of the Chief Executive’s Office (also the Secretary
General
of the Committee).

199
Source 2

Please answer the questions with reference to the information of the following webpage:
https://www.info.gov.hk/gia/general/202007/08/P2020070800238.htm

1. When was the photo in Source 2 taken?

It was taken during the inauguration of the CPG Office on National Security.

2. Apart from Carrie Lam, then Chief Executive of the HKSAR, who also appears in
both photos of Source 1 and Source 2?
Luo Huining, the then Director of the Liaison Office of the CPG in the HKSAR
and National Security Adviser to the Committee for Safeguarding National
Security of the HKSAR.

200
 Module 2.2: Governance of the HKSAR
(Lesson 15)
Learning and Teaching Materials

HKSAR’s duty to safeguard national security (4)

Worksheet 30: Related bodies for safeguarding national security in

the HKSAR

Source 1
Decision of the National People’s Congress on Establishing and Improving the
Legal System and Enforcement Mechanisms for the Hong Kong Special
Administrative Region to Safeguard National Security
…
4. The HKSAR must establish and improve the institutions and enforcement
mechanisms for safeguarding national security, strengthen the enforcement forces
for safeguarding national security, and step up enforcement to safeguard national
security. When needed, relevant national security organ of the Central People’s
Government (CPG) will set up agencies in the HKSAR to fulfil relevant duties to
safeguard national security in accordance with the law.
…

Source of information: Decision of the National People’s Congress on Establishing and

Improving the Legal System and Enforcement Mechanisms for the Hong Kong Special
Administrative Region to Safeguard National Security, Gazette Extraordinary Published on
Tuesday, 30/06/2020, No. 43 Vol. 24 - Legal Supplement No. 2,
https://www.gld.gov.hk/egazette/pdf/20202443e/es220202443135.pdf

201
Source 2
Law of the People’s Republic of China on Safeguarding National Security in
the Hong Kong Special Administrative Region
Chapter II The Duties and the Government Bodies of the Hong Kong Special
Administrative Region for Safeguarding National Security
Part 2 Government Bodies
Article 12
The Hong Kong Special Administrative Region shall establish the Committee for
Safeguarding National Security. The Committee shall be responsible for affairs
relating to and assume primary responsibility for safeguarding national security in
the Region. It shall be under the supervision of and accountable to the Central
People’s Government.
Article 14
The duties and functions of the Committee for Safeguarding National Security of
the Hong Kong Special Administrative Region shall be:
(1) analysing and assessing developments in relation to safeguarding national
security in the Hong Kong Special Administrative Region, making work plans,
and formulating policies for safeguarding national security in the Region;
(2) advancing the development of the legal system and enforcement mechanisms
of the Region for safeguarding national security; and
(3) coordinating major work and significant operations for safeguarding national
security in the Region.
No institution, organisation or individual in the Region shall interfere with the work
of the Committee. Information relating to the work of the Committee shall not be
subject to disclosure. Decisions made by the Committee shall not be amenable to
judicial review.

Source of information: Law of the People’s Republic of China on Safeguarding National

Security in the Hong Kong Special Administrative Region, Hong Kong e-Legislation,
https://www.elegislation.gov.hk/fwddoc/hk/a406/eng_translation_(a406)_en.pdf

202
Source 3

Law of the People’s Republic of China on Safeguarding National Security in

the Hong Kong Special Administrative Region
Chapter II The Duties and the Government Bodies of the Hong Kong Special
Administrative Region for Safeguarding National Security
Part 2 Government Bodies
Article 15
The Committee for Safeguarding National Security of the Hong Kong Special
Administrative Region shall have a National Security Adviser, who shall be
designated by the Central People’s Government and provide advice on matters
relating to the duties and functions of the Committee. The National Security Adviser
shall sit in on meetings of the Committee.

Source of information: Law of the People’s Republic of China on Safeguarding National

Security in the Hong Kong Special Administrative Region, Hong Kong e-
Legislation,
https://www.elegislation.gov.hk/fwddoc/hk/a406/eng_translation_(a406)_en.pdf
----------------------------------------------------------------------------------------------------
--
State Council’s Appointment of the National Security Adviser to the Committee
for Safeguarding National Security of the Hong Kong Special Administrative
Region
In accordance with the relevant provisions of the Law of the People’s Republic of
China on Safeguarding National Security in the Hong Kong Special Administrative
Region, the State Council decided today (3 July 2020) to appoint Mr Luo Huining
as the National Security Adviser to the Committee for Safeguarding National
Security of the Hong Kong Special Administrative Region.

Source of information: Translated from 國務院任命香港特別行政區維護國家安全委

員會國家安全事務顧問，載於中華人民共和國中央人民政府網頁, 3 July 2020,
http://www.gov.cn/xinwen/2020-07/03/content_5523874.htm

203
Source 4
Law of the People’s Republic of China on Safeguarding National Security in
the Hong Kong Special Administrative Region
Chapter II The Duties and the Government Bodies of the Hong Kong Special
Administrative Region for Safeguarding National Security
Part 2 Government Bodies
Article 16(1)
The Police Force of the Hong Kong Special Administrative Region shall establish a
department for safeguarding national security with law enforcement capacity.
Article 17
The duties and functions of the department for safeguarding national security of the
Hong Kong Police Force shall be:
(1) collecting and analysing intelligence and information concerning national
security;
(2) planning, coordinating and enforcing measures and operations for
safeguarding national security;
(3) investigating offences endangering national security;
(4) conducting counter-interference investigation and national security review;
(5) carrying out tasks of safeguarding national security assigned by the
Committee for Safeguarding National Security of the Hong Kong Special
Administrative Region; and
(6) performing other duties and functions necessary for the enforcement of this
Law.
Article 18(1)
The Department of Justice of the Hong Kong Special Administrative Region shall
establish a specialised prosecution division responsible for the prosecution of
offences endangering national security and other related legal work. …
Source of information: Law of the People’s Republic of China on Safeguarding National
Security in the Hong Kong Special Administrative Region, Hong Kong e-
Legislation,https://www.elegislation.gov.hk/fwddoc/hk/a406/eng_translation_(a406)_en.pdf

Think about it

NSL stipulates that “The Department of Justice of the Hong Kong Special
Administrative Region shall establish a specialised prosecution division
responsible for the prosecution of offences endangering national security and
other related legal work.” It corresponds to Article 63 of the Basic Law which
stipulates that “The Department of Justice of the Hong Kong Special
Administrative Region shall control criminal prosecutions, free from any
interference.”

204
Source 5
Law of the People’s Republic of China on Safeguarding National Security in
the Hong Kong Special Administrative Region
Chapter V Office for Safeguarding National of the Central People’s
Government in the Hong Kong Special Administrative Region
Article 48(1)
The Central People’s Government shall establish in the Hong Kong Special
Administrative Region an office for safeguarding national security. The Office for
Safeguarding National of the Central People’s Government in the Hong Kong
Special Administrative Region shall perform its mandate for safeguarding national
security and exercise relevant powers in accordance with the law.
Article 49
The Office for Safeguarding National of the Central People’s Government in the
Hong Kong Special Administrative Region shall perform the following mandate:
(1) analysing and assessing developments in relation to safeguarding national
security in the Hong Kong Special Administrative Region, and providing
opinions and making proposals on major strategies and important policies for
safeguarding national security;
(2) overseeing, guiding, coordinating with, and providing support to the Region
in the performance of its duties for safeguarding national security;
(3) collecting and analysing intelligence and information concerning national
security; and
(4) handling cases concerning offence endangering national security in
accordance with the law.
Article 50
The Office for Safeguarding National of the Central People’s Government in the
Hong Kong Special Administrative Region shall perform its mandate in strict
compliance with the law and be subject to supervision in accordance with the law. It
shall not infringe upon the lawful rights and interests of any individual or
organisation.
The staff of the Office shall abide by the laws of the Hong Kong Special
Administrative Region as well as national laws.
The staff of the Office shall be subject to the supervision of the national supervisory
authorities in accordance with the law.

Source of information: Law of the People’s Republic of China on Safeguarding National

Security in the Hong Kong Special Administrative Region, Hong Kong e-Legislation,
https://www.elegislation.gov.hk/fwddoc/hk/a406/eng_translation_(a406)_en.pdf

205
1. (a) It is pointed out in Source 1 that “the Hong Kong Special Administrative
Region must establish and improve institutions and enforcement mechanisms
for safeguarding national security”. According to Sources 2 and 4, what
relevant bodies have been established at different levels in the HKSAR?
The HKSAR established the Committee for Safeguarding National
Security of the HKSAR. The Police Force established a department for
safeguarding national security. The Department of Justice established a
specialised prosecution division responsible for the prosecution of
offences endangering national security.

(b) According to Source 3, who designated the National Security Adviser to the
Committee for Safeguarding National Security of the HKSAR? What are the
Adviser’s responsibilities?
The Adviser is designated by the CPG (i.e. the State Council). The
Adviser provides advice on matters relating to the duties and functions of
the Committee and sits in on meetings of the Committee.

(c) It is pointed out in Source 1 that “relevant national security organ of the
Central People’s Government (CPG) will set up agencies in the HKSAR”.
According to Source 5, what body has been established by the CPG in the
HKSAR?
Office for Safeguarding National Security of the Central People's
Government in the Hong Kong Special Administrative Region /
CPG Office on National Security.

2. (a) According to Source 2, who supervises the Committee for Safeguarding

National Security of the HKSAR and holds it accountable?
CPG.

(b) According to Source 2, what protection does the NSL provide for the work
and decisions of the Committee for Safeguarding National Security of the
HKSAR in order to enable the Committee to perform its duties effectively?

206
 No institution, organisation, or individual in the HKSAR shall interfere
with the work of the Committee. Information relating to the work of the
Committee shall not be subject to disclosure. Decisions made by the
Committee shall not be amenable to judicial review.

3. Which of the duties of the Police Force described by Article 17 of the NSL in
Source 4 is most relevant to the work of the Police Force mentioned in the
following press releases?

Press Releases, the Government of the HKSAR Duties

(10 August 2020) investigating offences
After in-depth investigation, officers of National
endangering national
Security Department of Hong Kong Police conducted
search operation today with a warrant issued by a security
Magistrate and arrested nine men and a woman, aged
between 23 and 72, in various districts. They were
suspected in collusion with a foreign country or with
external elements to endanger national security,
contravening Article 29 of the Law of the People’s
Republic of China on Safeguarding National Security
in the Hong Kong Special Administrative Region
(National Security Law) ...
(5 November 2020) collecting and
The National Security Department of Police launched
analysing intelligence
the ‘National Security Department Reporting Hotline’
today with a view to facilitating members of the public and information
to provide or report national security related
concerning national
information. Members of the public can report non-
urgent national security related matters to National security
Security Department via various platforms including
WeChat, SMS and email. …

4. (a) According to Sources 2 and 5, what are the similarities and differences
between the Committee for Safeguarding National Security of the Hong
Kong Special Administrative Region and the CPG Office on National
Security in terms of their respective first duties?
Similarities: Both bodies shall analyse and assess developments in
relation to safeguarding national security in the HKSAR.

Differences: The Committee for Safeguarding National Security of the

207
 HKSAR shall make work plans and formulate policies for
safeguarding national security in the HKSAR, while the
CPG Office on National Security shall provide opinions
and make proposals on major strategies and important
policies for safeguarding national security.

(b) According to Source 5, what provision in Article 50 of the NSL is related to

the principle of “One Country, Two Systems”?
The staff of the Office shall abide by the laws of the HKSAR as well as
national laws.

208
 Appendix 7

Know More: Commissions of

supervision
Constitution
Chapter III - State Institutions Section 7 Commissions of Supervision
Article 123
Commissions of supervision of the People’s Republic of China at all levels
are the supervisory organs of the state.
Article 124
The People’s Republic of China shall establish a National Commission of
Supervision and local commissions of supervision at all levels.
A commission of supervision shall be composed of the following personnel:
a chairperson,
vice chairpersons, and
members.
The chairperson of a commission of supervision shall have the same term of
office as that of the people’s congress at the same level. The chairperson of
the National Commission of Supervision shall serve no more than two
consecutive terms.
The organization, functions and powers of the commissions of supervision
shall be prescribed by law.
Article 125
The National Commission of Supervision of the People’s Republic of China
is the highest supervisory organ.
The National Commission of Supervision shall direct the work of local
commissions of supervision at all levels; commissions of supervision at higher
levels shall direct the work of those at lower levels.
Article 126
The National Commission of Supervision shall be responsible to the National
People’s Congress and the National People’s Congress Standing Committee.
Local commissions of supervision at all levels shall be responsible to the state
organs of power that created them and to the commissions of supervision at
the next level up.
Article 127
Commissions of supervision shall, in accordance with the provisions of law,
independently exercise supervisory power, and shall not be subject to
interference from any administrative organ, social organization or individual.
The supervisory organs, in handling cases of duty-related malfeasance or
crime, shall work together with adjudicatory organs, procuratorial organs and
law enforcement departments; they shall act as a mutual check on each other.

Source of information: Basic Law website>Constitution>Chapter III,

https://www.basiclaw.gov.hk/en/constitution/chapter3.html

209
Worksheet 31: Jurisdiction, applicable law and procedure as
stipulated in the NSL

Source 1
Opening remarks by the Secretary for Justice at the press conference on the
NSL
…
Chapter IV is what I call “procedural law”. There are many provisions in “procedural
law”. I would like to emphasise here that the vast majority of the cases mentioned in
Article 40, except those under the circumstances specified in Article 55, will fall
under the jurisdiction of Hong Kong. In other words, the prosecution and judicial
proceedings of cases are conducted in Hong Kong. The proceedings mentioned in
Article 45 need to be handled in accordance with the laws of Hong Kong. In other
words, they will be handled in accordance with the appellate structure in the laws of
Hong Kong. Of course, other special arrangements are also mentioned in Chapter
IV. The Chief Executive just mentioned the designation of judges and the issuing of
certificates by the Secretary for Justice on jury arrangements. These are special
circumstances. Of course, this is a law to safeguard national security, so there will
be some relevant special circumstances, but generally, it is carried out in accordance
with procedures to which Hong Kong is familiar with.
…

Source of information: Translated from 香港特別行政區政府新聞公報網頁，2020 年 7 月

1 日， 《律政司司長〈中華人民共和國香港特別行政區維護國家安全法〉記者會開場發
言》 ，https://www.info.gov.hk/gia/general/202007/01/P2020070100664.htm

210
Source 2
Law of the People’s Republic of China on Safeguarding National Security in
the Hong Kong Special Administrative Region
Chapter IV Jurisdiction, Applicable Law and Procedure
Article 44(1)
The Chief Executive shall designate a number of judges from the magistrates, the
judges of the District Court, the judges of the Court of First Instance and the Court
of Appeal of the High Court, and the judges of the Court of Final Appeal, and may
also designate a number of judges from deputy judges or recorders, to handle cases
concerning offence endangering national security. Before making such designation,
the Chief Executive may consult the Committee for Safeguarding National Security
of the Hong Kong Special Administrative Region and the Chief Justice of the Court
of Final Appeal. The term of office of the aforementioned designated judges shall
be one year.
Article 46(1)
In criminal proceedings in the Court of First Instance of the High Court concerning
offence endangering national security, the Secretary for Justice may issue a
certificate directing that the case shall be tried without a jury on the grounds of,
among others, the protection of State secrets, involvement of foreign factors in the
case, and the protection of personal safety of jurors and their family members.
Where the Secretary for Justice has issued the certificate, the case shall be tried in
the Court of First Instance without a jury by a panel of three judges.

Source of information: Law of the People’s Republic of China on Safeguarding National

Security in the Hong Kong Special Administrative Region, Hong Kong e-Legislation,
https://www.elegislation.gov.hk/fwddoc/hk/a406/eng_translation_(a406)_en.pdf

211
Source 3
Law of the People’s Republic of China on Safeguarding National Security in
the Hong Kong Special Administrative Region
Chapter V Office for Safeguarding National of the Central People’s
Government in the Hong Kong Special Administrative Region
Article 55
The Office for Safeguarding National of the Central People’s Government in the
Hong Kong Special Administrative Region shall, upon approval by the Central
People’s Government of a request made by the Government of the Hong Kong
Special Administrative Region or by the Office itself, exercise jurisdiction over a
case concerning offence endangering national security under this Law, if:
(1) the case is complex due to the involvement of a foreign country or external
elements, thus making it difficult for the Region to exercise jurisdiction over
the case;
(2) a serious situation occurs where the Government of the Region is unable to
effectively enforce this Law; or
(3) a major or imminent threat to national security has occurred.
Article 56
In exercising jurisdiction over a case concerning offence endangering national
security pursuant to Article 55 of this Law, the Office for Safeguarding National of
the Central People’s Government in the Hong Kong Special Administrative Region
shall initiate investigation into the case, the Supreme People’s Procuratorate shall
designate a prosecuting body to prosecute it, and the Supreme People’s Court shall
designate a court to adjudicate it.
Source of information: Law of the People’s Republic of China on Safeguarding National
Security in the Hong Kong Special Administrative Region, Hong Kong e-Legislation,
https://www.elegislation.gov.hk/fwddoc/hk/a406/eng_translation_(a406)_en.pdf

1. (a) According to Source 1, under the NSL, the prosecution and judicial
proceedings for most cases (except the cases specified in Article 55) are
carried out in accordance with what?
The laws of Hong Kong.

(b) According to Source 1, which two special arrangements are mentioned in

Chapter IV of the NSL?
The designation of judges and issuing of certificates by the Secretary for
Justice on jury arrangements.

(c) According to Source 2, who can the Chief Executive consult before
designating a judge?
The Committee for Safeguarding National Security of the HKSAR and the
Chief Justice of the Court of Final Appeal.

212
 (d) According to Source 2, on what three grounds can the Secretary for Justice
issue a certificate directing that the case shall be tried without a jury?
(i) Protection of State secrets.
(ii) Involvement of foreign factors in the case.
(iii) Protection of personal safety of jurors and their family members.

2. (a) According to Source 3, under what three types of circumstances will the CPG
Office on National Security exercise jurisdiction over a case concerning
offence endangering national security as stipulated in the NSL?
(i) The case is complex due to the involvement of a foreign country
or external elements, thus making it difficult for the HKSAR to
exercise jurisdiction over the case.

(ii) A serious situation occurs where the Government of the HKSAR is

unable to effectively enforce the NSL.

(iii) A major and imminent threat to national security has occurred.

(b) Following the above question, what procedure should be followed before
making such an arrangement?
Either the Government of the HKSAR or the CPG Office on National
Security makes a request and then to be approved by the CPG.

213
 NSL: Bodies Safeguarding National Security and Jurisdiction

Complete the following concept map according to the relevant information in Worksheets 7 and 8:

Central People’s Government (CPG)

The Office shall, upon approval by the CPG

under the supervision of and established of a request made by the HKSAR
accountable to Government or by the Office itself,
designated exercising jurisdiction over a case
concerning offence endangering national
HKSAR shall establish the Committee for Safeguarding National Security Office for Safeguarding security under the NSL, if:
• Chief Executive shall be the chairperson National Security of the (1) the case is complex due to the
• 【shall sit in on meetings of the Committee】 CPG in the HKSAR involvement of a foreign country or
National Security Adviser (Office) external elements, thus making it
• Shall be responsible for affairs relating to safeguarding national security • shall perform its difficult for the HKSAR to exercise
and assuming primary responsibility for safeguarding national security in mandate for jurisdiction over the case;
the HKSAR safeguarding national (2) a serious situation occurs where the
security and exercise HKSAR Government is unable to
The Police Department of Justice Chief Executive designated a relevant powers in effectively enforce this Law; or
Force established a number of judges from the accordance with the (3) a major and imminent threat to national
established a specialised magistrates, the judges of the law security has occurred.
department for prosecution division District Court, the judges of
safeguarding responsible for the the Court of First Instance and
national prosecution of the Court of Appeal of the
security with offences endangering High Court, and the judges of The Office shall initiate investigation into
law national security and the Court of Final Appeal … to the case, the Supreme People’s
enforcement other related legal handle cases concerning Procuratorate shall designate a prosecuting
capacity work offence endangering national body to prosecute it, and the Supreme
security People’s Court shall designate a court to
adjudicate it.
Article 40 of the NSL stipulates that the HKSAR “shall have jurisdiction over
cases concerning offences under this Law, except under the circumstances
specified in Article 55 of this Law”.

214
Extended Reading Worksheet 1: “Four Musts”

President Xi Jinping address at the meeting celebrating the 25th anniversary of

Hong Kong's return to the motherland and the inaugural ceremony of the sixth-
term government of the Hong Kong Special Administrative Region on July 1,
2022

No reason to change One Country, Two Systems: Xi RTHK

https://news.rthk.hk/rthk/en/component/k2/1655638-
20220701.htm?archive_date=2022-07-01

President Xi Jinping put forward “Four Musts” on “one country, two systems” at the
meeting celebrating the 25th anniversary of Hong Kong's return to the
motherland and the inaugural ceremony of the sixth-term government of the
Hong Kong Special Administrative Region :

First, we must fully and faithfully implement the principle of “one country, two
systems”. This principle embodies a complete system. Its top priority is to
safeguard national sovereignty, security, and development interests. With this as
a prerequisite, Hong Kong and Macao can keep the previous capitalist systems
unchanged for a long time and enjoy a high degree of autonomy. Since the
socialist system is the fundamental system of the People's Republic of China and
leadership by the Communist Party of China is the defining feature of socialism
with Chinese characteristics, all residents in the special administrative regions
should willingly respect and uphold the country's fundamental system. The
thorough and precise implementation of the “one country, two systems” principle
will open up broader prospects for the development of Hong Kong and Macao.
The more firmly the “one country” principle is upheld, the greater strength the
"two systems" will be unleashed for the development of the SARs.

Second, we must uphold the central government's overall jurisdiction while securing
the SARs' high degree of autonomy. Since Hong Kong's return to the motherland,
it has been re-integrated into China's governance system, and a constitutional
order was established with the "one country, two systems" principle as its
fundamental guideline. The central government's overall jurisdiction over the
SARs underpins their high degree of autonomy, and such autonomy bestowed

215
 by the law is fully respected and resolutely safeguarded by the central
government. Only when the enforcement of the central government's overall
jurisdiction dovetails with the fulfillment of a high degree of autonomy in the
SARs, can the SARs be well governed. The SARs uphold the executive-led
system. The executive, legislative, and judicial branches perform their duties in
accordance with the basic laws and other relevant laws. The executive and
legislative branches check and balance and cooperate with each other while the
judiciary exercises its power independently.

Third, we must ensure that Hong Kong is administered by patriots. It is a universal

political rule that a government must be in the hands of patriots. There is no
country or region in the world where its people will allow an unpatriotic or even
treasonous force or figure to take power. The government of the HKSAR must
be safely kept in the hands of those who love the country. This is an essential
requirement for Hong Kong's long-term prosperity and stability and must not be
compromised under any circumstances. To put the governing power in the right
hands is to safeguard Hong Kong's prosperity and stability as well as the
immediate interests of more than 7 million people in the region.

Fourth, we must maintain Hong Kong's distinctive status and advantages. The central
government has always handled Hong Kong affairs from a strategic and overall
perspective, taking into consideration the fundamental and long-term interests of
Hong Kong and the country as a whole. The fundamental interests of Hong Kong
are in line with those of the country, and the central government and Hong Kong
compatriots share the same aspirations. Hong Kong's close connection with the
world market and strong support from the motherland are its distinctive
advantages. Such favorable conditions are cherished by the people of Hong
Kong and by the central government as well. The central government fully
supports Hong Kong in its effort to maintain its distinctive status and edges, to
improve its presence as an international financial, shipping, and trading center,
to keep its business environment free, open, and regulated, and to maintain the
common law, so as to expand and facilitate its exchanges with the world. On the
country's journey toward building a modern socialist country in all respects and
realizing the rejuvenation of the Chinese nation, the central government believes
that Hong Kong will make great contributions.

Source of information: Full text of Xi Jinping's address at the meeting celebrating the 25th
anniversary of Hong Kong's return to the motherland and the inaugural ceremony of the
sixth-term government of the Hong Kong Special Administrative Region Xinhua
https://english.news.cn/20220702/74d848898c8d4201bd5140570611dc58/c.html

216
Questions for reflection﹕

1. President Xi Jinping put forward “Four Musts” on “one country, two systems” at
the meeting celebrating the 25th anniversary of Hong Kong's return to the
motherland and the inaugural ceremony of the sixth-term government of the Hong
Kong Special Administrative Region. What are the “Four Musts”?

The “Four Musts” refer to (1) we must fully and faithfully implement the
principle of “one country, two systems”; (2) we must uphold the central
government's overall jurisdiction while securing the SARs' high degree of
autonomy; (3) we must ensure that Hong Kong is administered by patriots, and
(4) we must maintain Hong Kong's distinctive status and advantages.

2. According to President Xi Jinping, what is the top priority embodied in the

principle of “one country, two systems”?

The top priority embodied in the principle of “one country, two systems” is to
safeguard national sovereignty, security, and development interests.

3. According to President Xi Jinping, what is the source of the high degree of

autonomy enjoyed by the HKSAR? Fill in the blanks with the correct answer.

The central government 's overall jurisdiction over the Special

Administrative Regions underpins their high degree of autonomy, and such
autonomy bestowed by the law is fully respected and
resolutely safeguarded by the central government.

4. According to President Xi Jinping, why is it important to ensure that patriots

administer Hong Kong? Fill in the blanks with the correct answer.

The government of the HKSAR must be safely kept in the hands of those who
love the country .This is an essenti al requirement for Hong
Kong's long-term prosperity and stability and must not be
compromised under any circumstances. To put the governing power in the right
hands is to safeguard Hong Kong's prosperity and
stability as well as the immediate interests of more than 7
million people in the region.

217
5. According to President Xi Jinping, what are the distinctive status and advantages
of Hong Kong? Fill in the blanks with the correct answer.

Hong Kong's close connection with the world market and strong support from
the motherland are its distinctive advantages. The central
government fully supports Hong Kong in its effort to maintain its distinctive
status and edges, to improve its presence as an international financial
shipping, and trading center, to keep its business environment free, open, and
regulated, and to maintain the common law, so as to expand and facilitate its
exchanges with the world.

218
Extended Reading Worksheet 2: “Four Proposals”

President Xi Jinping address at the meeting celebrating the 25th anniversary of

Hong Kong's return to the motherland and the inaugural ceremony of the sixth-
term government of the Hong Kong Special Administrative Region on July 1,
2022

Xi Jinping outlines hopes for better governance RTHK

https://news.rthk.hk/rthk/en/component/k2/1655634-20220701.htm

President Xi Jinping put forward “Four Proposals” on Hong Kong development at

the meeting celebrating the 25th anniversary of Hong Kong's return to the
motherland and the inaugural ceremony of the sixth-term government of the
Hong Kong Special Administrative Region :

First, Hong Kong should further improve its governance. To promote the
development of the HKSAR, it is of urgency to improve Hong Kong's
governance system, governance capacity, and governance efficacy. The chief
executive and the government of the HKSAR in the driver's seat are the first to
be held accountable for the governance of the region. Administrators of Hong
Kong should fulfill their commitments, materialize the "”one country, two
systems” principle with concrete actions, uphold the authority of the Basic Law
of the HKSAR and devote themselves to the development of the region.
Personnel for public offices should be assessed on both ability and political
integrity before they are recruited. Professionals who love both the motherland
and Hong Kong with strong governance capabilities and passion for serving the
public should be recruited as government staff. Administrators of Hong Kong
need to have a new outlook on the motherland and have an international vision
in order to make better development plans for the region from an overall and
long-term perspective. They need to transform their concepts of governance to
balance the relationship between the government and the market so that a
capable government serves an efficient market. The HKSAR government needs
to strengthen self-governance and improve its conduct to better take on its
responsibilities and deliver better performance in ensuring stability and
prosperity in Hong Kong.

219
Second, Hong Kong should continue to create strong impetus for growth. With its
special status, Hong Kong enjoys good conditions and broad space for
development. The central government fully supports Hong Kong in its effort to
seize historic opportunities offered by China's development and actively dovetail
itself with the 14th Five-Year Plan (2021-25) and other national strategies such
as the development of the Guangdong-Hong Kong-Macao Greater Bay Area and
high-quality Belt and Road cooperation. The central government fully supports
Hong Kong in carrying out more extensive exchanges and close cooperation with
the rest of the world and in attracting entrepreneurs with dreams to realize their
ambitions in Hong Kong. The central government also fully supports Hong Kong
in taking active yet prudent steps to advance reforms and dismantle the barriers
of vested interests in order to unlock enormous creativity and development
potential of Hong Kong society.

Third, Hong Kong should earnestly address people's concerns and difficulties in daily
life. “Those enjoying benefits and joy of all people should also share their
burdens and concerns.” As I once said, the people's aspiration for a better life is
what we are striving for. Currently, the biggest aspiration of Hong Kong people
is to lead a better life, in which they will have more decent housing, more
opportunities for starting their own businesses, better education for their
children, and better care in their twilight years. We should actively respond to
such aspirations. The newly inaugurated HKSAR government should be
pragmatic, live up to what the people expect of it, and consider the expectations
of the whole society, particularly ordinary citizens, as what it should accomplish
foremost. It should be more courageous and adopt more efficient measures to
overcome difficulties and forge ahead. It should make sure that all citizens in
Hong Kong share more fully and fairly in the fruits of development so that every
resident will be convinced that if you work hard, you can improve the life of
your own and that of your family.

Fourth, the people of Hong Kong should work together to safeguard harmony and
stability. Hong Kong is the home of all its people, and harmony in a family brings
success in everything. Through trials and tribulations, now we keenly feel that
Hong Kong cannot withstand chaos and will not afford to have any, and we also
deeply feel that the development of Hong Kong allows no delay. We must get rid
of whatever interference there may be to concentrate our attention on the
development of the region. Everyone in Hong Kong, regardless of profession
and belief, can be a positive force and do his or her bit for the region's
development as long as he or she genuinely supports the principle of “one
country, two systems”, loves Hong Kong, and abides by the Basic Law and the
laws of the special administrative region.

Source of information: Full text of Xi Jinping's address at the meeting celebrating the 25th
anniversary of Hong Kong's return to the motherland and the inaugural ceremony of the
sixth-term government of the Hong Kong Special Administrative Region Xinhua
https://english.news.cn/20220702/74d848898c8d4201bd5140570611dc58/c.html

220
Questions for reflection:

1. President Xi Jinping put forward “Four Proposals” on Hong Kong development at

the meeting celebrating the 25th anniversary of Hong Kong's return to the
motherland and the inaugural ceremony of the sixth-term government of the Hong
Kong Special Administrative Region. What are the “Four Proposals”?

The “Four Proposals” refer to (1) Hong Kong should further improve its
governance; (2) Hong Kong should continue to create strong impetus for
growth; (3) Hong Kong should earnestly address people's concerns and
difficulties in daily life; and (4) the people of Hong Kong should work together
to safeguard harmony and stability.

2. According to President Xi Jinping, what are the three urgencies to promote the
development of the HKSAR?

To promote the development of the HKSAR, it is of urgency to improve Hong

Kong's governance system, governance capacity, and governance efficacy.

3. According to President Xi Jinping, what should be the role of the Chief

Executive and the government of the HKSAR in governance? Please tick the
correct answer box.

 Administrators to make better development plans for the region

 Engineers to facilitate infrastructural construction for the region
 The first to be held accountable for the governance of the region
 Designers to promote economic development for the region

221
4. Column A refers to the areas for further improving governance by the Chief
Executive and the government of the HKSAR. Column B refers to the content of
those areas. Please match Column A and Column B correctly.

Column A Column B
Fulfill Professionals who love both the motherland and
commitments Hong Kong with strong governance capabilities and
passion for serving the public should be recruited as
government staff.
Have a new outlook Materialize the "one country, two systems" principle
on the motherland with concrete actions, uphold the authority of the
and have an Basic Law of the HKSAR and devote themselves to
international vision the development of the region.
Personnel for Balance the relationship between the government
public offices and the market so that a capable government serves
should be assessed an efficient market.
on both ability and
political integrity
before they are
recruited
Transform concepts Make better development plans for the region from
of governance an overall and long-term perspective.
Strengthen self- Improve its conduct to better take on its
governance responsibilities and deliver better performance in
ensuring stability and prosperity in Hong Kong.

5. According to President Xi Jinping, how does the central government support Hong
Kong continuously to create a strong impetus for growth? Please tick the correct
answer box.

 The central government fully supports Hong Kong in its effort to seize historic
opportunities offered by China's development
 The central government fully supports Hong Kong in carrying out more
extensive exchanges and close cooperation with the rest of the world
 The central government fully supports Hong Kong in taking active yet prudent
steps to advance reforms and dismantle the barriers of vested interests
 The central government fully supports Hong Kong in conducting its anti-
epidemic work by providing medical experts and resources

222
6. According to President Xi Jinping, what should be the act of the newly inaugurated
government of HKSAR to address people's concerns and difficulties in daily life?
Fill in the blanks with the correct answer.

The newly inaugurated HKSAR government should be pragmatic

live up to what the people expect of it, and consider the
expectations of the whole society, particularly ordinary citizens, as what it
should accomplish foremost. It should be more courageous and adopt more
efficient measures to overcome difficulties and forge ahead. It should make sure
that all citizens in Hong Kong share more fully and fairly in the fruits of
development so that every resident will be convinced that if you
work hard , you can improve the life of your own
and that of your family.

7. According to President Xi Jinping, how can the people of Hong Kong work
together to safeguard harmony and stability? Fill in the blanks with the correct
answer.

Everyone in Hong Kong, regardless of profession and belief, can be a positive

force and do his or her bit for the region's development as long as he or she
genuinely supports the principle of “one country, two systems”
loves Hong Kong , and abides by the Basic Law
and the laws of the special administrative region.

223
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friendly-policy-in-hong-kong-20210204-e.pdf

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Xinhua News Agency (30 March 2021). Full Text: Annex I to the Basic Law of the
Hong Kong Special Administrative Region. Extracted from
http://www.xinhuanet.com/english/download/2021-3-30/AnnexI.pdf

Xinhua News Agency (30 March 2021). Full Text: Annex II to the Basic Law of the
Hong Kong Special Administrative Region. Extracted from
http://www.xinhuanet.com/english/download/2021-3-30/AnnexII.pdf

【In Chinese only】

人民日報海外版（2016 年 6 月 24 日）。《港人熱盼駐港部隊開放日》，載於中華
人民共和國外交部駐香港特別行政區特派員公署網頁。擷取自網頁：
https://www.fmprc.gov.cn/ce/cohk/chn/xwdt/xjlc/t1375107.htm

人民網>人大新聞網（2015 年 7 月 10 日）。《中華人民共和國國家安全法》。擷
取自網頁：
http://npc.people.com.cn/BIG5/n/2015/0710/c14576-27285049.html

中央人民政府駐香港特別行政區聯絡辦公室網頁（1997 年 5 月 23 日）。《全國人
民代表大會香港特別行政區籌備委員會關於香港特別行政區有關人員就職
宣誓事宜的決定》。擷取自網頁：
http://www.locpg.hk/flfg/1997-05/23/c_118817299.htm

中國人大網。網頁：http://www.npc.gov.cn/

中國人大網（2000 年）。《哪些法律需由全國人民代表大會制定？》。擷取自網
頁：

227
 http://www.npc.gov.cn/zgrdw/npc/rdgl/rdzd/2000-11/01/content_8829.htm

中國人大網（2016 年）。全國人大常委會辦公廳新聞發布會文字實錄 [全國人大

常委會副秘書長兼基本法委員會主任李飛]。擷取自網頁：
http://www.npc.gov.cn/zgrdw/npc/zhibo/zzzb39/node_363.htm

中國人大網（2021 年）。《全國人民代表大會關於完善香港特別行政區選舉制度
的決定》。擷取自網頁：
http://www.npc.gov.cn/npc/kgfb/202103/e546427083c944d484fef5482c56f9fb.s
html

中華人民共和國中央人民政府網頁（2017 年 3 月 31 日）。《中華人民共和國國務
院令第 678 號》。擷取自網頁：
http://www.gov.cn/zhengce/content/2017-04/01/content_5182820.htm

中華人民共和國中央人民政府網頁（2020 年 7 月 3 日）。《國務院任命香港特別行
政區維護國家安全委員會國家安全事務顧問》。擷取自網頁：
http://www.gov.cn/xinwen/2020-07/03/content_5523874.htm

中華人民共和國教育部網頁（2020 年 10 月 20 日）。教育部關於印發《大中小學
國家安全教育指導綱要》的通知：附件《大中小學國家安全教育指導綱
要》。擷取自網頁：
http://www.moe.gov.cn/srcsite/A26/s8001/202010/t20201027_496805.html

王振民（2017 年）。《 “一國兩制” 與基本法：歷史、現實與未來》。香港：三聯

書店（香港）有限公司。

全國人民代表大會香港特別行政區籌備委員會（1997 年 5 月 23 日）。〈全國人民
代表大會香港特別行政區籌備委員會關於香港特別行政區有關人員就職宣
誓事宜的決定〉，載於《中華人民共和國國務院公報》1997 年第 18 號（總
號 870），頁 777-778。擷取自網頁：
http://www.gov.cn/gongbao/shuju/1997/gwyb199718.pdf

香港特別行政區政府律政司網頁。網頁：https://www.doj.gov.hk/chi/index.html

香港特別行政區政府新聞公報網頁（2000 年 9 月 13 日）。《奧運村內升起香港特
別行政區區旗》。擷取自網頁：
https://www.info.gov.hk/gia/general/200009/13/0913169.htm

香港特別行政區政府新聞公報網頁（2020 年 6 月 23 日）。《行政長官於行政會議
前會見傳媒開場發言及答問內容》。擷取自網頁：
https://www.info.gov.hk/gia/general/202006/23/P2020062300464.htm

香港特別行政區政府新聞公報網頁（2020 年 6 月 24 日）。《行政長官任命終審法
院首席法官》。擷取自網頁：
https://www.info.gov.hk/gia/general/202006/24/P2020062400779.htm

228
香港特別行政區政府新聞公報網頁（2020 年 7 月 1 日）。《律政司司長〈中華人
民共和國香港特別行政區維護國家安全法〉記者會開場發言》。擷取自網
頁：
https://www.info.gov.hk/gia/general/202007/01/P2020070100664.htm

香港特別行政區政府新聞公報網頁（2020 年 7 月 8 日）。《行政長官出席中央人
民政府駐香港特別行政區維護國家安全公署揭牌儀式致辭》。擷取自網頁：
https://www.info.gov.hk/gia/general/202007/08/P2020070800238.htm

教育局（2020 年）。「回歸事件簿」及「《憲法》和《基本法》」海報資源套。擷
取自網頁：
https://www.edb.gov.hk/tc/curriculum-development/kla/pshe/basic-law-
education/cble_wallcharts/index.html

新華社（2014 年 4 月 15 日）。《中央國家安全委員會第一次會議召開 習近平發

表重要講話》，載於中國政府網。擷取自網頁：
http://big5.gov.cn/gate/big5/www.gov.cn/xinwen/2014-
04/15/content_2659641.htm

新華社（2020 年 5 月 28 日）。《關於〈全國人民代表大會關於建立健全香港特別
行政區維護國家安全的法律制度和執行機制的決定（草案）〉的說明——
2020 年 5 月 22 日在第十三屆全國人民代表大會第三次會議上全國人民代表
大會常務委員會副委員長王晨》，載於中國政府網。擷取自網頁：
http://www.gov.cn/xinwen/2020-05/28/content_5515771.htm

新華社（2020 年 5 月 28 日）。《全國人大關於建立健全香港特別行政區維護國家
安全的法律制度和執行機制的決定》，載於中國人大網。擷取自網頁：
http://www.npc.gov.cn/npc/c30834/202005/a1d3eeecb39e40cab6edeb2a62d02b7
3.shtml

新華社（2020 年 5 月 28 日）。《全國人大高票通過關於建立健全香港特別行政區
維護國家安全的法律制度和執行機制的決定》，載於中國政府網。擷取自網
頁：
http://www.gov.cn/xinwen/2020-05/28/content_5515608.htm

新華社（2020 年 6 月 30 日）。《全國人大常委會通過香港特別行政區維護國家安
全法並決定列入香港基本法附件三》，載於中國人大網，。擷取自網頁：
http://www.npc.gov.cn/npc/c30834/202006/1fcbb09024fb4bc8982a901abe15efb
3.shtml

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