Revision Notes- Basic Law

8/17/2019 Revision Notes- Basic Law

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ong Kong Basic Law

Certificate in Legal Studies – Module 5

Year 2015-2016


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. –Basic Law

constitutional law !"#u$lic law%in so&e countries'

t(e stud) of one law !or one $od) of law' t(at (as a (ig(e

all ot(er laws and is usuall) called a constitution* Britain

t(ere is no suc( t(ing as constitution $ut w(en ta

docu&ents toget(er can $e descri$ed as a "constitution%*

. /(e constitution sets out t(e rules a$out (ow a 0

go,erned it includes t(e o#eration of $ot( t(e legislature

and t(e courts !law-0udging'*

. 1t also sets out &an) of t(e &ost iortant (u&an ri

#rotected in t(at 0urisdiction !in t(eor)'* 2ocu&ents suc(

Kong Bill of 3ig(ts 4rdinance !"Bill of 3ig(ts%' and t(e

Co,enant on Ci,il and 5olitical 3ig(ts !"1CC53%'* /(e cons

a close relations(i# wit( t(e "rule of law%*

. 6e will t(en understand (ow laws are &ade and enforced


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Chief #ustice $ndrew Li Kwo% &ang at the “KLeaders of our Communit" Luncheon Tal%on

&o+em!er ,-1*

The rule of law is a cornerstone of our societ" under on

s"stemswhich distinguishes ours from that of China.

/efinition of the rule of law !" the late Lord Bingham0 alauthorities within the state whether pu!lic and pri+ate s

!" and entitled to the !enefit of laws pu!licl" made

generall"2 in the future and pu!licl" administered in the

* fundamental principles form the essence of the rule of law0

12 3ame laws0 4+er"one is su!5ect to the same laws no matt

who go+ern or the people who are go+erned. The rule of law

of the ar!itrar" go+ernment. &o one is a!o+e the law.

,2 Independent 5udiciar"0 disputes !etween citi6ens and !etwe

go+ernment are resol+ed fairl" and impartiall" !" a

5udiciar".


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The Basic Law safeguards to ensure judicial in

including the arrangements for the appointment and

judges.

3) Protection of human rights: b the Preamble of th

"eclaration of #uman $ights adopted b the !ni

&eneral 'ssembl in "ecember (*+. hapter ---

ong Basic Law contains the constitutional gu

individual rights and freedoms, which are at the h

sstem.

The rule of law is the foundation of governance,

not be subject to arbitrar government and ar

against an abuse of power b the state.


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. Basic Law(+*/

(+01

(++

(*

(00

(202

(2+/

(+/

Treat of %an4ing : # -sland was ceased to Britain

onvention of Pe4ing : The southern tip of owloon 5on

of owloon south of Boundar 6treet in 7ong4o4) was

Britain

6econd onvention of Pe4ing : %ew Territories was ceas

Britain for ears until 31 8une (2

9ormation of the Peoples $epublic of hina ; all une<

between hina and foreign powers repudiated, includi

three une


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189>

188<

Basic Law /rafting Committee was esta!lished !"

!egin the process of writing the Hong Kong Ba

>8 mem!ers0 ,* from HK and *? from China

Basic Law Consultati+e Committee with Leung Ch

3ecretar" )eneral was esta!lished to consultHK on the writing of the Basic Law.

1899 0 first draft of the !asic law

1898 0 pu!lication of the second draft

: #une 1898 0 Tiananmen crac%down leads to sign

in the final draft of the !asic law.

: $pril 188- 0 4nactment of the final draft of

!" the &'C.

Basic Law came into force and HK !ecame the fir

'RC.

Revision Notes- Basic Law

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