Related Research Articles
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 trade mark law of Hong Kong is based on the Trade Marks Ordinance Cap. 559, which came into force on 4 April 2003 and repealed the Trade Mark Ordinance Cap 43 passed in 1873. The system established by this legislation is entirely separate to the system used in the People's Republic of China, pursuant to the "one country-two systems" policy. The superseded law and the current law share many similarities with the relevant legislation in the United Kingdom, a similarity which is also facilitated by TRIPs.
Copyright law in Hong Kong to a great extent follows the English model. The Basic Law of Hong Kong, its constitutional document, guarantees a high degree of autonomy and continuation of laws previously in force after its reunification with Mainland China. Hong Kong therefore continues to maintain a separate intellectual property regime from Mainland China. Article 139 and 140 of the Basic Law specifically deal with the protection of copyright in Hong Kong.
Article 139
The Government of the Hong Kong Special Administrative Region shall, on its own, formulate policies on science and technology and protect by law achievements in scientific and technological research, patents, discoveries and inventions.
The Government of the Hong Kong Special Administrative Region shall, on its own, decide on the scientific and technological standards and specifications applicable in Hong Kong.
Article 140
The Government of the Hong Kong Special Administrative Region shall, on its own, formulate policies on culture and protect by law the achievements and the lawful rights and interests of authors in their literary and artistic creation.
See more on https://www.basiclaw.gov.hk/pda/en/basiclawtext/chapter_6.html
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.
The Chief Executive of the Hong Kong Special Administrative Region is the representative of the Hong Kong Special Administrative Region and head of the Government of Hong Kong. The position was created to replace the office of governor of Hong Kong, the representative of the monarch of the United Kingdom during British rule. The office, stipulated by the Hong Kong Basic Law, formally came into being on 1 July 1997 with the handover of Hong Kong from the United Kingdom to the People's Republic of China.
The flag of Hong Kong, officially the regional flag of the Hong Kong Special Administrative Region of the People's Republic of China, depicts a white stylised five-petal Hong Kong orchid tree flower in the centre of a Chinese red field. Its original design was unveiled on 4 April 1990 at the Third Session of the Seventh National People's Congress. The current design was approved on 10 August 1996 at the Fourth Plenum of the Preparatory Committee of the Hong Kong Special Administrative Region. The precise use of the flag is regulated by laws passed by the 58th executive meeting of the State Council held in Beijing. The design of the flag is enshrined in Hong Kong's Basic Law, the territory's constitutional document, and regulations regarding the use, prohibition of use, desecration, and manufacture of the flag are stated in the Regional Flag and Regional Emblem Ordinance. The flag of Hong Kong was officially adopted and hoisted on 1 July 1997, during the handover ceremony marking the transfer of sovereignty from the United Kingdom back to China.
The European Patent Convention (EPC), also known as the Convention on the Grant of European Patents of 5 October 1973, is a multilateral treaty instituting the European Patent Organisation and providing an autonomous legal system according to which European patents are granted. The term European patent is used to refer to patents granted under the European Patent Convention. However, a European patent is not a unitary right, but a group of essentially independent nationally enforceable, nationally revocable patents, subject to central revocation or narrowing as a group pursuant to two types of unified, post-grant procedures: a time-limited opposition procedure, which can be initiated by any person except the patent proprietor, and limitation and revocation procedures, which can be initiated by the patent proprietor only.
Elections in Hong Kong take place when certain political offices in the government need to be filled. Hong Kong has a multi-party system, with numerous parties in the Legislative Council. The Chief Executive of Hong Kong is nonpartisan but has to work with several parties to form a coalition government.
The 2005 Hong Kong Chief Executive election was held to fill the vacancy of the territory's top office. Then Chief Executive Tung Chee-hwa submitted his resignation to the central government in Beijing, and was officially approved on 12 March. As Donald Tsang, Chief Secretary for Administration in Tung's cabinet, was the only candidate, he was declared elected unopposed on 16 June. Tsang took office on 21 June to begin his first two-year term.
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.
The Hong Kong Special Administrative Region of the People's Republic of China passport is a passport issued only to permanent residents of Hong Kong who also hold Chinese citizenship. In accordance with the Basic Law of the Hong Kong Special Administrative Region, since the transfer of sovereignty on 1 July 1997, the passport has been issued by the Immigration Department of the Government of Hong Kong under the authorisation of the Central People's Government of the People's Republic of China. As the official languages of Hong Kong are Chinese and English, the passport is printed bilingually in both Chinese and English.
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.
The Constitutional and Mainland Affairs Bureau is a ministerial-level policy bureaux of the Government of Hong Kong responsible for the implementation of the Basic Law, including electoral matters and promotion of equal opportunities and privacy protection. The bureau also functions as the intermediary between the HKSAR Government and the Central People's Government and other Mainland authorities under the principles of "One Country, Two Systems", including the coordination of liaison between the HKSAR Government and Central authorities, promoting regional co-operation initiatives between Hong Kong and the Mainland, and overseeing the operation of offices of the HKSAR Government on the Mainland.
The practice of trial by jury has a long history in Hong Kong. Like most jurisdictions with jury trial, this tradition was introduced into Hong Kong when it became a British colony. The Ordinance for the Regulation of Jurors and Juries was first enacted in 1845. Ever since then, the practice of trial by jury has been important part of Hong Kong’s judicial system. This is also recognised in the Basic Law, Article 86: "The principle of trial by jury previously practised in Hong Kong shall be maintained."
The Public Order Ordinance (’POO’) 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.
National Security Bill 2003 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 Companies Registry is a government department under the Financial Services and the Treasury Bureau of the Government of Hong Kong. Its responsibilities include the registration of Hong Kong companies and non-Hong Kong companies under the Companies Ordinance, open-ended fund companies under the Securities and Futures Ordinance and limited partnership funds under the Limited Partnerships Funds Ordinance. It administers the licensing regime for trust and corporate service providers under the Anti-Money Laundering and Counter-Terrorist Financing Ordinance as well as the licensing regime for money lenders under the Money Lenders Ordinance.
The Committee for Safeguarding National Security of the Hong Kong Special Administrative Region is a committee established by the Government of Hong Kong as a result of the enactment of the Hong Kong national security law by the Standing Committee of the National People's Congress. It is supervised by and accountable to the Central People's Government.
The 2021 Hong Kong electoral changes were initiated by the National People's Congress (NPC) on 11 March 2021 to "amend electoral rules and improve the electoral system" of the Hong Kong Special Administrative Region (HKSAR) for its Chief Executive (CE) and the Legislative Council (LegCo), in order to ensure a system in which only "patriots", according to the Chinese definition, govern Hong Kong. The reforms have been widely criticized for their negative impact on the democratic representation in the Hong Kong legislature.
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.
References
- 1 2 3 4 European Patent Office (EPO) web site, Patent protection in Hong Kong Special Administration Region Archived 31 October 2010 at the Wayback Machine , Information from the European Patent Office, 3 November 2009. Consulted on 12 November 2009.
- 1 2 3 4 Peter K F Cheung (19 April 2012). Past, present and future of the Hong Kong patent system (PDF). East meets West 2012. Vienna, Austria. Retrieved 5 May 2012.
- ↑ "New Patent System". Intellectual Property Department (HK). 15 November 2019. Retrieved 18 November 2019.
- ↑ "New patent system in Hong Kong to launch on December 19". Intellectual Property Department (HK). 11 October 2019. Retrieved 18 November 2019.
- ↑ "Patent Protection in Hong Kong" (PDF). www.ipd.gov.hk. Government of the Hong Kong Special Administrative Region. 2006. Retrieved 5 August 2013.
- ↑ Evolution Patent Agency website "Hong Kong Standard Patent – When is it Independent from the Designated Patent?". 7 November 2018.
- ↑ "Cap. 514 Hong Kong Patents Ordinance, Section 43, Amendment of standard patent following opposition or revocation proceedings in the designated patent office". Government of the Hong Kong Special Administrative Region. Retrieved 7 November 2018.
- ↑ "Cap. 514 Hong Kong Patents Ordinance, Section 44, Revocation of standard patent following opposition or revocation proceedings in the designated patent office". Government of the Hong Kong Special Administrative Region. Retrieved 7 November 2018.
- ↑ "Hong Kong grants first-ever standard patent by original grant". Intellectual Property Department (HK). 5 June 2021. Retrieved 24 February 2023.
