Bussiness Law

Our presentation topic is the Hong Kong basic law. Firstly, this presentation will introduce the background of the basic law, then the Joint Declaration, general principles enshrined under the Basic Law, the drafting process of the Basic Law, the interpretation of the Basic Law, the controversial issues in relation to the Basic Law and aftermath.

First, lets talk about the joint declaration, we have the one country two system policy in Hong Kong. Also, the socialism would not be extended to H.K. So, it will continue its previous capitalist system & its way of life for a period of 50 years( after 1997) Last, freedoms & rights of H.K. residents are protected under the Basic law.

Lets take a look at the General principles enshrined under the Basic Law. Here are two articles.

Article 2 - High Degree of autonomy , legislative and independent judicial power, including final adjudication

Article 8-The common law, rules of equity, ordinances, subordinate legislation and customary law (such as Chinese clan law) shall be maintained, except for any that contravene the Basic Law and subject to any amendment by the legislature of the HKSAR

In 1985, Basic Law Consultative Committee formed purely by H.K people to canvass views in H.K on the Basic Law Draft. In 1988, the 1st draft was published. In 1989, 2nd draft published. In 1990, the Basic Law �s formally promulgated. This is the draft process of the basic law.

For the interpretation, Under Article 158, the power of final interpretation of the Basic Law lies on Standing Committee of the National People's Congress (NPCSC) which is a power also derived from the Constitution of the PRC.

1999 - The Right of Abode issue

2004 - Universal Suffrage in 2007 and 2008

2005