Basic Law and Hong Kong

Articles 24 through 42 of the Hong Kong Basic Law set out the fundamental human rights and citizen obligations of all Hong Kong residents. First, Article 24 defines who are Hong Kong residents, which primarily includes anyone born in Hong Kong as well as anyone who has legally resided in Hong Kong for seven years. Then Articles 25 through 38 lists the basic human and civil rights guaranteed by the Basic Law. Notably these rights were initially incorporated into Hong Kong law in 1991 by incorporating the provisions of other international covenants, including the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR). However, although Article 39 provides that the Basic Law incorporates all portions of these covenants that had been applied in Hong Kong before 1997, section 2 of Article 30 also provides that these ôrightsö can be restricted ôas prescribed by law.ö Thus, Article 39 provides the NationalÆs People Congress (NPC) the ability to restrict the rights of Hong Kong residents and raises the question of whether these ôrightsö are in fact privileges granted subject to the authority of the PeopleÆs Republic of China (PRC).

Under Articles 25 through 38, Hong Kong residents ôenjoyö a right to equal treatment under the law, the right to vote and run for political office, the right of free speech and a free press, the right to assemble and

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le 39 incorporates only those provisions of the international covenants that were expressly recognized in Hong Kong law before 1997. Nonetheless, section 2 of Article 39 provides that the ôrights and freedoms enjoyed by Hong Kong residents shall not be restricted unless as prescribed by law.ö This Article acts in concert with Article 23, which provides that the PRC may draft restrictive legislation as necessary for national security, Article 158, which provides that ô[t]he power of interpretation of this Law shall be vested in the NPCSC,ö and Article 159, which provides that ô[n]o amendment to this Law shall contravene the established basic policies of the PRC regarding Hong Kong.ö Essentially, these four articles provide an opening for the PRC to limit the rights granted by Chapter III. For example, in the case of Wong Yeung Ng. v. Secretary for Justice (1999), the court held that a right guaranteed by the Basic Law could be restricted by another law recognized in Chinese common law. Wong Yeung Ng was decided with reference to Article 19 of the ICCPR, which provides that the rights guaranteed by the Basic Law may be restricted as necessary for ôthe protection of . . . public order.ö The Court of Final Appeal interpreted ô
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Approximate Word count = 1680
Approximate Pages = 7 (250 words per page)

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