The politics of Hong Kong takes place in a framework of a political system dominated by its quasi-constitutional document, the Hong Kong Basic Law, its own legislature, the Chief Executive as the head of government and of the Special Administrative Region and of a politically constrained multi-party presidential system. The Government of the Hong Kong Special Administrative Region of the People's Republic of China is led by the Chief Executive, the head of government.
The Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China is a national law of China that serves as the organic law for the Hong Kong Special Administrative Region (HKSAR). Comprising nine chapters, 160 articles and three annexes, the Basic Law was composed to implement Annex I of the 1984 Sino-British Joint Declaration.
Article 23 is an article of the Hong Kong Basic Law. It states that Hong Kong "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."
Article 69 of Hong Kong Basic Law is an article in the Basic Law of Hong Kong. The article sets the term of the Legislative Council of Hong Kong (LegCo).
The law of the Hong Kong Special Administrative Region has its foundation in the English common law system, inherited from being a former British colony and dependent territory. There are several sources of law, the primary ones being statutes enacted by the Legislative Council of Hong Kong and case law made by decisions of the courts of Hong Kong.
An organic law is a law, or system of laws, that form the foundation of a government, corporation or any other organization's body of rules. A constitution is a particular form of organic law.
Human rights protection is enshrined in the Basic Law and its Bill of Rights Ordinance (Cap.383). By virtue of the Bill of Rights Ordinance and Basic Law Article 39, the International Covenant on Civil and Political Rights (ICCPR) is put into effect in Hong Kong. Any local legislation that is inconsistent with the Basic Law can be set aside by the courts. This does not apply to national legislation that applies to Hong Kong, such as the National Security Law, even if it is inconsistent with the Bills of Rights Ordinance, ICCPR, or the Basic Law.
Johannes Chan Man-mun (陳文敏) SC (Hon) is an adjunct professor, former chair professor of law (–2021) and former dean of the faculty of law (2002–2014) at the University of Hong Kong. He specialises in human rights, constitutional and administrative law, and is the first and only academic silk ever appointed in Hong Kong. He is credited with transforming the University's Faculty of Law into one of the leading law schools in the world during his tenure as Dean.
Judicial review in Hong Kong is conducted according to the Constitutional and Administrative Law List. It comprises two different aspects: firstly, judicial review of domestic ordinances as to their compatibility with the Basic Law ; secondly, judicial review of administrative decisions under administrative law.
Leung TC William Roy v Secretary for Justice is a leading Hong Kong High Court judicial review case on the equal protection on sexual orientation and the law of standing in Hong Kong. Particularly, the Court sets up a precedent case prohibiting unjustified differential treatments based upon one's sexual orientation.
The Public Order Ordinance is a piece of primary legislation in Hong Kong. It codifies a number of old common law public order offences. It imposes notification requirements for public processions and meetings which resemble a licensing regime. It also provides for the designation of restricted areas along the Hong Kong-China border and in the military installations. The 1967 Ordinance was enacted in the aftermath of the 1967 Leftist riots. For the following decades, the stringent control over public processions and meetings was relaxed incrementally until 1990s when it was brought in line with human rights standards. Upon Hong Kong handover, the amendments in the 1990s were decreed "not adopted as the laws of the HKSAR" by the NPCSC of China and therefore reverted.
A controversy arose during the 2016 Legislative Council election in Hong Kong as the Electoral Affairs Commission (EAC) banned six potential localist candidates from running for the Legislative Council of Hong Kong (LegCo). The EAC carried out a new election measure to require all candidates to sign an additional "confirmation form" in the nomination to declare their understanding of Hong Kong being an inalienable part of China as stipulated in Article 1, Article 12 and Article 159(4) of the Basic Law of Hong Kong.
National Security Bill was a proposed bill which aimed to amend the Crimes Ordinance, the Official Secrets Ordinance and the Societies Ordinance pursuant to the obligation imposed by Article 23 of the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China and to provide for related, incidental and consequential amendments. The proposed bill caused considerable controversy in Hong Kong and a massive demonstration on 1 July 2003. In the aftermath, James Tien resigned from the Executive Council and the bill was withdrawn after it became clear that it would not get the necessary support from the Legislative Council for it to be passed. The bill was then shelved indefinitely.
The National Anthem Ordinance is an ordinance of Hong Kong intended to criminalise "insults to the national anthem of China". It is a local law in response to the National Anthem Law of the People’s Republic of China.
The Prohibition on Face Covering Regulation ("PFCR") is a regulation prohibiting the wearing of face coverings in certain circumstances made by Chief Executive in Council under the Emergency Regulations Ordinance due to the 2019–2020 Hong Kong protests. The Court of First Instance heard applications for judicial review from 24 members of the Legislative Council (LegCo) and Leung Kwok-hung, a former LegCo member, submitted in early October. On 18 November, it ruled that both the prohibition on the wearing of masks and related powers granted to the police to enforce it are inconsistent with the Hong Kong Bill of Rights, whilst leaving the question of relief to a future hearing. On 22 November, the court declared the PFCR invalid and of no effect, but suspended the application of that declaration till 29 November 2019. The government appealed the decision on 25 November to the Court of Appeal, which partially allowed the government's appeal. The prohibition of masks at unauthorised assemblies was ruled to be constitutional, but the power to remove masks and the prohibition on wearing masks at authorised assemblies was ruled unconstitutional. On appeal, the Court of Final Appeal upheld the constitutionality of the PFCR in its entirety, including the prohibition on face coverings at authorised assemblies and processions. However, since the government did not appeal against Article 5, power to require removal in public place of facial covering, this part remains void.
Kwok Wing Hang and others v Chief Executive in Council and another is a Hong Kong constitutional case concerning the Prohibition on Face Covering Regulation (PFCR) and Emergency Regulations Ordinance (ERO).
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 is a congressional resolution passed by the third session of the 13th National People's Congress on 28 May 2020. This resolution authorizes the National People's Congress Standing Committee to promulgate a national security law in Hong Kong.
The Public Offices Ordinance 2021 is an ordinance to amend the Oaths and Declarations Ordinance and other relating legislation which adds new requirements for the Chief Executive, Executive Council members, Legislative Council members and judges and other judicial officers, imposes oath-taking requirements on District Council members, and specifies requirements for candidates to swear to uphold the Basic Law and bear allegiance to the Hong Kong Special Administrative Region when assuming office or standing for election and also adds new grounds and mechanism for disqualification from holding the office or being nominated as a candidate. The ordinance was seen as another round of the Beijing authorities to bar the opposition from standing in elections or holding public offices and also raised concerns on the bill's vague parameters of the oath with such over-reaching scope would undermine Hong Kong's judicial independence.
Ng Ka Ling v Director of Immigration was a joint appeal of three cases decided in 1999 by Hong Kong's Court of Final Appeal (CFA). Chief Justice Andrew Li, in the Court's unanimous opinion, held that mainland-born children of Hong Kong permanent residents enjoyed the right of abode, regardless of whether one of their parents have acquired Hong Kong permanent residency at the time of birth of the children.
HKSAR v. Lai Chee Ying was an appeal involving points of law by the Department of Justice over the decision of the Court of First Instance (CFI) to grant bail to the founder of Apple Daily Jimmy Lai. The Court of Final Appeal (CFA) reversed the CFI's interpretation of art.42(2) of the Hong Kong national security law.
