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全国人民代表大会常务委员会关于根据《中华人民共和国香港特别行政区基本法》第一百六十条处理香港原有法律的决定 DECISION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE'S CONGRESS REGARDING THE TREATMENT OF THE EXISTING HONG KONG LAWS ACCORDING TO ARTICLE 160 OF THE BASIC LAW OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION OF THE PEOPLE'S REPUBLIC OF CHINA

2006-05-15 20:46   我要纠错 | 打印 | 收藏 | | |

(Adopted at the 24th Meeting of the Standing Committee of the Eighth National People's Congress on February 23, 1997)
颁布日期:19970223  实施日期:19970223  颁布单位:全国人大常委会

  The Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China (hereinafter referred to as the Basic Law) provides in its Article 160: “Upon the establishment of the Hong Kong Special Administrative Region, the laws previously in force in Hong Kong shall be adopted as laws of the Region except for those which the Standing Committee of the National People's Congress declares to be in contravention of this Law. If any laws are later discovered to be in contravention of this Law, they shall be amended or cease to have force in accordance with the procedure as prescribed by this Law.” Article 8 of the same Law provides: “The laws previously in force in Hong Kong, that is, the common law, rules of equity, ordinances, subordinate legislation and customary law shall be maintained, except for any that contravene this Law, and subject to any amendment by the legislature of the Hong Kong Special Administrative Region.” According to the aforesaid provisions, and having deliberated the suggestions by the Preparatory Committee for the Hong Kong Special Administrative Region regarding the treatment of the laws previously in force in Hong Kong, the 24th Meeting of the Eighth National People's Congress hereby makes the following decisions:

  1. The laws previously in force in Hong Kong, including the common law, rules of equity, ordinances, subordinate legislation and customary law, shall be adopted as laws of the Hong Kong Special Administrative Region, except for those contravening the Basic Law.

  2. The ordinances and subordinate legislation previously in force in Hong Kong, which are listed in Appendix I of this Decision, shall not be adopted as laws of the Hong Kong Special Administrative Region for their contravening the Basic Law.

  3. Some provisions of certain ordinances and subordinate legislation previously in force in Hong Kong, which are listed in Appendix II of this Decision, shall not be adopted as laws of the Hong Kong Special Administrative Region for their contravening the Basic Law.

  4. The laws previously in force in Hong Kong which have been adopted as laws of the Hong Kong Special Administrative Region shall, starting July 1,1997, make necessary modification, adaptation, restriction or exception in applying, so as to tally with the relevant provisions of the Basic Law and the status of Hong Kong after the resumption of the exercise by the People's Republic of China of the sovereignty over Hong Kong. For instance, the application of the New Territories Land (Exemption) Ordinance shall conform to the above-mentioned principles.

  In addition to the aforesaid principles, among the ordinances and subordinate legislation previously in force,

  (1) If any laws concerning foreign affairs related with the Hong Kong Special Administrative Region are inconsistent with any national law in force in Hong Kong, the latter shall prevail, with conformation with the international rights and obligations which the Central People's Government enjoys or bears.

  (2) Any provisions granting privileges to Britain or other nations or regions of the British Commonwealth shall not be maintained, except for those reciprocity provisions between Hong Kong and Britain or other nations or regions of the British Commonwealth.

  (3) As for provisions concerning the rights, immunity and duties of military forces stationed to Hong Kong by Britain, those not contravening the Basic Law and the Garrison Law of the Hong Kong Special Administrative Region of the People's Republic of China shall be maintained and apply to the military forces stationed to Hong Kong by the Central People's Government of the People's Republic of China.

  (4) Provisions concerning English language's higher authenticity than Chinese language shall be interpreted as both of them are formal languages.

  (5) Provisions containing citations of British laws may continue to be referred to and apply during the transition process before any amendment has been made to them, provided that they do not impair the sovereignty of the People's Republic of China or contravene the Basic Law.

  5. Unless the context otherwise requires, the laws previously in force in Hong Kong adopted as laws of the Hong Kong Special Administrative Region under Article 4 of this Decision shall have their titles or expressions interpreted and applied in accordance with the substitution principles provided for in Appendix III.

  6. Any laws previously in force in Hong Kong adopted as laws of the Hong Kong Special Administrative Region may be amended or invalidated in accordance with the procedures stipulated by the Basic Law, if, in the future, they are discovered to contravene the Basic Law.

  Appendix I

  The following ordinances and subordinate legislation among the laws previously in force in Hong Kong shall not be adopted as laws of the Hong Kong Special Administrative Region because of their contravening the Basic Law:

  1. Trustees (Hong Kong Government Securities) Ordinance (Chapter 77, Laws of Hong Kong);

  2. Application of English Law Ordinance (Chapter 88, Laws of Hong Kong);

  3. Foreign Marriage Ordinance (Chapter 180, Laws of Hong Kong);

  4. Chinese Extradition Ordinance (Chapter 235, Laws of Hong Kong);

  5. Colony Armorial Bearings (Protection) Ordinance (Chapter 315, Laws of Hong Kong);

  6. Secretary of State for Defence (Succession to Property) Ordinance (Chapter 193, Laws of Hong Kong);

  7. Royal Hong Kong Regiment Ordinance (Chapter 199, Laws of Hong Kong);

  8. Compulsory Service Ordinance (Chapter 246, Laws of Hong Kong);

  9. Army and Royal Air Force Legal Services Ordinance (Chapter 286, Laws of Hong Kong);

  10. British Nationality (Miscellaneous Provisions) Ordinance (Chapter 186, Laws of Hong Kong);

  11. British Nationality Act 1981 (Consequential Amendments) Ordinance (Chapter 373, Laws of Hong Kong);

  12. Electoral Provisions Ordinance (Chapter 367, Laws of Hong Kong);

  13. Legislative Council (Electoral Provisions) Ordinance (Chapter 381, Laws of Hong Kong); and

  14. Boundary and Election Commission Ordinance (Chapter 432, Laws of Hong Kong)。

  Appendix II

  Certain provisions of the following ordinances and subordinate legislation among the laws previously in force in Hong Kong shall not be adopted as laws of the Hong Kong Special Administrative Region because of their contravening the Basic Law:

  1. The definition of “permanent residents of Hong Kong” in Section 2, and the provisions of “permanent residents of Hong Kong” in Appendix 1, Immigration Ordinance (Chapter 115, Laws of Hong Kong);2. Any provisions for the implementation in Hong Kong of the British Nationality Act;

  3. Provisions concerning election in Urban Council Ordinance (Chapter 101, Laws of Hong Kong);

  4. Provisions concerning election in Regional Council Ordinance (Chapter 385, Laws of Hong Kong);

  5. Provisions concerning election in District Boards Ordinance (Chapter 366, Laws of Hong Kong);

  6. Subordinate legislation A, Urban Council, Regional Council and Board Election Expenses Order and subordinate legislation C, Resolution of the Legislative Council, of Corrupt and Illegal Practices Ordinance (Chapter 288, Laws of Hong Kong);

  7. Provisions concerning the interpretation and the purpose of the Ordinance in Section 2(3), provisions concerning the “affection to previous law” in Section 3 and provisions concerning the “interpretation of laws in the future” in Section 4, of Hong Kong Bill of Rights Ordinance (Chapter 383, Laws of Hong Kong);

  8. Provisions concerning the Ordinance's overriding position in Section 3(2), of Personal Data (Privacy) Ordinance (Chapter 486, Laws of Hong Kong);

  9. Major amendments, having been made since July 17, 1992, to the Societies Ordinance (Chapter 151, Laws of Hong Kong); and

  10. Major amendments, having been made since July 27, 1995, to the Public Order Ordinance (Chapter 245, Laws of Hong Kong)。

  Appendix III:

  The laws previously in force in Hong Kong adopted as laws of the Hong Kong Special Administrative Region shall generally have their titles and expressions interpreted and applied in accordance with the following substitution principles:

  1. Any reference of “the Queen”, “royal”, “the British Government”, “Secretary of State” or other similar titles or expressions shall be regarded as referring to the central or other competent authorities of China, if the provisions are concerning the Hong Kong land use right or involving the affairs under the central administration or the relationship between the Hong Kong Special Administrative Region and the central authorities prescribed by the Basic Law; in other context, they shall be regarded as referring to the government of the Hong Kong Special Administrative Region.

  2. Any reference of “the Queen in Privy Council” or the “Privy Council” shall be regarded as referring to the Court of Final Appeal of the Hong Kong Special Administrative Region, if the provisions are concerning the right of appeal; in other context, it shall be treated in accordance with the provisions of the preceding paragraph.

  3. Any government organizations or semi-governmental organizations which have their name preceded by “royal” shall delete the word “royal” and regarded as organizations of the Hong Kong Special Administrative Region. 4. Any reference of “this colony” shall be regarded as referring to the Hong Kong Special Administrative Region; any provisions concerning the territories of Hong Kong shall be applied after relevant interpretations have been made in accordance with the map of the administrative division of the Hong Kong Special Administrative Region published by the State Council.

  5. Any reference of “Supreme Court” and “High Court” shall be regarded as respectively referring to the High Court and the Court of First Instance of the High Court.

  6. Any reference of “Governor”, “Governor in Executive Council”, “Chief Secretary”, “Attorney General”, “Chief Justice”, “Secretary for Home Affairs”, “Secretary for Constitutional Affairs”, “Commissioner of Customs and Excise” or “Judges” shall be regarded as respectively referring to the Chief Executive of the Hong Kong Special Administrative Region, Chief Executive in the Executive Council, Administrative secretary, Secretary of Justice, Chief Justice of the Court of Final Appeal or Chief Judge of the High Court, Secretary for Home Affairs, Secretary for Electoral Affairs, Commissioner of Customs and Excise and Judges of the High Court.

  7. Any titles or expressions in the Chinese texts of laws previously in force in Hong Kong, of or regarding the Legislative Council, the judiciary or the executive authorities or the personnel thereof shall be interpreted and applied in accordance with relevant provisions of the Basic Law.

  8. Any reference of “the People's Republic of China”, “China” or other similar titles or expressions shall be regarded as referring to the People's Republic of China including Taiwan, Hong Kong and Macao; any individual or simultaneous reference of the mainland, Taiwan, Hong Kong or Macao shall be regarded as referring to a part of the People's Republic of China.

  9. Any reference of “foreign countries” or other similar titles or expressions shall be regarded as referring to any country or region other than the People's Republic of China or, in accordance with the context of the law or articles or sections, regarded as referring to “any area outside the Hong Kong Special Administrative Region”; any reference of “foreigners” or other similar titles or expressions shall be regarded as referring to any persons other than citizens of the People's Republic of China.

  10. Any provisions as “the stipulations of this ordinance shall not prejudice nor may be regarded as prejudice to the rights of the Queen, her crown prince or successor to the throne” shall be interpreted as “the stipulations of this ordinance shall not prejudice nor may be regarded as prejudice to the rights enjoyed by the Central Government or the government of the Hong Kong Special Administrative Region according to the provisions of the Basic Law and other laws.

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