FAQ

Q1. Are Hong Kong people running Hong Kong with a high degree of autonomy ? Hong Kong people are running Hong Kong in all areas in accordance with the Basic Law, except for defence, foreign affairs and other matters for which the Central Authorities are responsible under the Basic Law . We do not need to seek instructions from the Central People's Government (CPG) in running our affairs within our autonomy. We are not even required to pay taxes to the CPG. (Basic Law (BL) Articles 2; 12-17; 19; 22; 106)

Q2. Has the Central Government or any Mainland province interfered in the running of the HKSAR Government ? No. Hong Kong has enjoyed a high degree of autonomy since reunification on July 1, 1997. In accordance with the Basic Law, the CPG has scrupulously upheld the principle of 'One Country, Two Systems' and the promise of 'Hong Kong people running Hong Kong'. No province, autonomous region or municipality directly under the CPG has interfered in the affairs which the HKSAR Government administers on its own in accordance with the Basic Law. (BL Articles 2; 12; 22)

Q3. Has the HKSAR enjoyed executive, legislative and independent judicial power ? Yes. The HKSAR exercises a high degree of autonomy and enjoys executive, legislative and independent judicial power, including that of final adjudication. The Chief Executive heads the HKSAR, and the Executive Council, members of which are appointed by the Chief Executive, assists the Chief Executive in policy making. The legislature, which is constituted by election, enacts legislation, while the independent judiciary dispenses justice free from interference. (BL Articles 2; 16; 17; 19; 43; 54; 55; 66; 68; 73; 85)

Q4. Has there been any interference in the independence of the Judiciary ? No. Hong Kong's robust and respected court system exercises judicial power independently, free from any interference. The power of final adjudication is vested with the Court of Final Appeal of the HKSAR, which may as required invite judges from other common law jurisdictions to sit on the Court of Final Appeal. The principle of trial by jury previously practised in Hong Kong is maintained. ( BL Articles 2; 19; 81; 82; 85; 86 )

Q5. Have the laws previously in force in Hong Kong been maintained ? The Basic Law provides that laws previously in force in Hong Kong, that is, the common law, rules of equity, ordinances, subordinate legislation and customary law, shall be maintained and adopted as laws of the HKSAR, except for any that contravene the Basic Law, and subject to any amendment by the HKSAR legislature. (BL Articles 8 ; 18(1); 160)

Q6. Are Mainland laws applicable to Hong Kong ? Article 18(2) of the Basic Law provides for application of national laws in the HKSAR. Such natonal laws as applied in the HKSAR shall be listed in Annex III to the Basic Law. Currently, a total of 12 national laws are so listed in Annex III, all of which concern matters outside the limits of the HKSAR's autonomy. They include resolutions and laws on the capital, calendar, national anthem, national flag, national day, national emblem, territorial sea and contiguous zone, exclusive economic zone and continental shelf, nationality, garrisoning, diplomatic and consular privileges and immunities and judicial immunity of assets of foreign central banks. (BL Article 18; Annex III)

Q7. Have Hong Kong's capitalist system and way of life been preserved ? The Basic Law provides that the capitalist system and way of life shall remain unchanged. Hong Kong maintains a free and open market economy with a free flow of capital, goods, intangible assets, and a freely convertible currency. People's lifestyle remains the same as before. ( BL Articles 5; 112; 115 )

Q8. Do Hong Kong people still enjoy a wide range of personal freedoms ? Chapter III of the Basic Law guarantees a wide range of personal freedoms to be enjoyed by Hong Kong people. 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 continue to remain in force. (BL Articles 27-39) The extensive personal freedoms of Hong Kong people is borne out by, for instance, the facts that demonstrations are a part of every-day life in Hong Kong, and that newspapers regularly comment on or criticize government decisions and policies and people say what they want in Hong Kong's open society.

Q9. Do Hong Kong residents have the right to vote and to stand for election ? Permanent residents of Hong Kong have the right to vote and stand for elections in accordance with law. The fourth Legislative Council of the HKSAR was elected on September 7, 2008. 201 candidates stood for the election. A total of 1.52 million geographical constituency voters turned out to vote, representing 45.2% of registered voters in the geographical constituencies. 30 Members were returned from five geographical constituencies, while the other 30 Members were returned from 28 functional constituencies. (BL Article 26)

Q10. Has the HKSAR Government maintained complete control over fiscal and economic policies and safeguarded the free movement of goods, assets and capital ? The HKSAR Government formulates its own economic policies; manages its finances independently; prepares its own budgets; issues its own freely convertible currency; practises an independent taxation system; keeps its low and simple tax regime; formulates on its own monetary and financial policies; safeguards the free flow of capital; maintains the status of a free port; pursues a policy of free trade and protects the free movement of goods, intangible assets and capital. ( BL Articles 62; 106-119)

Q11. Is Hong Kong still a free port and a separate customs territory ? Ships of all nations regularly call into Hong Kong which is virtually a duty-free port. The HKSAR, using the name "Hong Kong, China", is a member in its own right of the World Trade Organisation and the World Customs Organisation. Hong Kong remains a separate customs territory, and the boundary between the Mainland and the HKSAR is clearly delineated and properly managed. Export quotas, tariff preferences and other similar arrangements, which are obtained or made by the HKSAR or which were obtained or made and remain valid, shall be enjoyed exclusively by Hong Kong. (BL Articles 114; 116; 126)

Q12. Can Hong Kong still conclude and implement agreements with foreign states and regions or international organisations, and participate in international conferences ? Hong Kong continues to play an active role in the international arena and maintains close contact with its international partners. The HKSAR may on its own, using the name "Hong Kong, China", maintain and develop relations and conclude and implement agreements with foreign states and regions and relevant international organisations in the appropriate fields. Since the reunification, the HKSAR Government, authorized by the Central Authorities, has concluded over 100 bilateral agreements with foreign states in accordance with the Basic Law, including Air Services Agreements, Visa Abolition Agreements and mutual legal assistance agreements. In 2007, representatives of the HKSAR Government, using the name of “Hong Kong, China”, participated in over 1,600 international conferences not limited to states. (BL Articles 96; 133; 151; 152; 155)

Q13. Can foreign enterprises still participate fully in Hong Kong's economy ? Yes. Hong Kong welcomes and encourages the participation of foreign enterprises, and provides a level playing field for all. There are no foreign exchange controls in Hong Kong and no restrictions on the trading of gold, securities, futures and the like. The Basic Law stipulates that Hong Kong shall maintain the status of a free port, pursue the policy of free trade and safeguard the free movement of goods, intangible assets and capital. (BL Articles 112; 114; 115)

Q14. Is Hong Kong still an easy place to visit for tourists or international business people ? Yes, very much so. Hong Kong has autonomy in immigration control. It maintains its own immigration laws and procedures and has a very liberal visa policy. As of May 2009, over 130 countries/regions have granted visa free access, or provided visa-on-arrival arrangements for HKSAR passport holders. (BL Articles 154; 155)

Q15. Is Chinese the only official language allowed under the Basic Law ? No, in addition to Chinese, English is also an official language used by the executive authorities, the legislature and the judiciary of the HKSAR. (BL Article 9)

Q16. What is the role of the People's Liberation Army in Hong Kong under the Basic Law ? The maintenance of public order in the HKSAR is the responsibility of the HKSAR Government. The People's Liberation Army stationed in the HKSAR is responsible for the defence of the HKSAR and does not interfere in the local affairs of the HKSAR. In addition to abiding by national laws, members of the garrison shall abide by the laws of the HKSAR. Expenditure for maintaining these military forces is borne by the CPG. (BL Article 14)

Q17. What does the Basic Law say about democratic development in Hong Kong ? The Basic Law sets out the blueprint for the democratic development of the HKSAR. The Chief Executive and members of the Legislative Council shall be returned by elections held locally. The method for selecting the Chief Executive and forming the Legislative Council shall be specified in the light of the actual situation in the HKSAR and in accordance with the principle of gradual and orderly progress. The ultimate aim is the election of the Chief Executive and all the members of the Legislative Council by universal suffrage. The Basic Law provides a mechanism to review the method for returning the Chief Executive and the Legislative Council after 2007. ( BL Articles 45; 68; Annexes I and II )