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Basic Law of Hong Kong : ウィキペディア英語版
Hong Kong Basic Law

The Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China, or simply Hong Kong Basic Law, serves as the constitutional document of the Hong Kong Special Administrative Region (HKSAR) of the People's Republic of China (PRC). The leading document is the law of Hong Kong, it was adopted on 4 April 1990 by the Seventh National People's Congress (NPC) of the People's Republic of China, and went into effect on 1 July 1997 (replacing the Letters Patent and the Royal Instructions) when this former colony of the British Empire was handed over to the PRC.〔Walsh, Pattie. Hong Kong employment law: a practical guide. CCH Hong Kong Limited, 2008. ISBN 988-17-5453-4, ISBN 978-988-17-5453-0. p 3.〕
The Basic Law was drafted in accordance with the Sino-British Joint Declaration on the Question of Hong Kong (The Joint Declaration), signed between the Chinese and British governments on 19 December 1984. The Basic Law stipulates the basic policies of the PRC towards the Hong Kong Special Administrative Region. As agreed between the PRC and the United Kingdom in the Joint Declaration, in accordance with the "one country, two systems" principle, socialism practised in the PRC would not be extended to Hong Kong. Instead, Hong Kong would continue its previous capitalist system and its way of life for a period of 50 years after 1997. A number of freedoms and rights of the Hong Kong residents are also protected under the Basic Law.
The source of authority for the Basic Law is somewhat controversial, with most Chinese legal scholars arguing that the Basic Law is a purely domestic legislation deriving its authority from the Constitution of the People's Republic of China, and with some legal scholars arguing that the Basic Law derives its authority directly from the Sino-British Joint Declaration. The argument is relevant in that it affects the level of authority that the PRC has in making any changes to the Basic Law. It is also essential in determining the Hong Kong courts' jurisdiction in issues related to the PRC domestic legislations.
In composition, Hong Kong Basic Law serves as the instrument on domestic common law in Hong Kong SAR and the legal jurisdiction of the Hong Kong SAR government, by the ''authorisation'' of PRC's National People's Congress,〔http://scholarship.law.berkeley.edu/cgi/viewcontent.cgi?article=1226&context=bjil〕 since Hong Kong SAR's military regime and diplomatic affairs are charged by the PRC government and not by any (existing or former) foreign power, and the Joint Declaration between PRC and the British government on Hong Kong will be acting as the historic interim agreement on the handover of Hong Kong to People's Republic of China. Moreover, Hong Kong has its own constitutional representative in the National People's Congress in People's Republic of China.
==Drafting process of the Basic Law==
The Basic Law was drafted by a Committee composed of members from both Hong Kong and the Mainland. The committee is known as the Drafting Committee for the Basic Law and chaired by Ji Pengfei. A Basic Law Consultative Committee formed purely by Hong Kong people was established in 1985 to canvass views in Hong Kong on the drafts.
The first draft was published in April 1988, followed by a five-month public consultation exercise. The second draft was published in February 1989, and the subsequent consultation period ended in October 1989. The Basic Law was formally promulgated on 4 April 1990 by the National People's Congress, together with the designs for the Regional Flag and Regional Emblem of the HKSAR.
Some members of the Basic Law drafting committee, such as Martin Lee and Szeto Wah, were ousted by Beijing following 4 June 1989 Tiananmen Square protests of 1989, after voicing their views supporting the students.

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
ウィキペディアで「Hong Kong Basic Law」の詳細全文を読む



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