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Basic Law and Hong Kong

Protection of Rights under Hong KongÆs Basic Law

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 organize labor unions, the right to be free from unlawful searches, arrests, torture and detentions, the right to privacy and the right to religious freedom (Articles 25 - 29, 32). The rights protected by the Basic Law become more specific in the latter Articles. For instance, Hong Kong residents also enjoy the right to free movement and travel (Article 31), the right to choose an occupation (Article 33) and the right to marry and raise a family a...

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Basic Law and Hong Kong. (1969, December 31). In LotsofEssays.com. Retrieved 07:17, March 29, 2024, from https://www.lotsofessays.com/viewpaper/1708701.html