1Preamble
Three paragraphs: historical sovereignty, "one country, two systems" policy, and the constitutional basis for the NPC to enact the Basic Law.
Historical Background and Resumption of Sovereignty
序言第一段- Hong Kong has been part of the territory of China since ancient times.Exam
- Hong Kong was occupied by Britain after the Opium War in 1840.Numbers
- On 19 December 1984, the Chinese and British governments signed the Joint Declaration confirming that the PRC Government would resume the exercise of sovereignty over Hong Kong on 1 July 1997.Numbers
- The resumption of sovereignty fulfilled the common aspiration of the Chinese people for the recovery of Hong Kong.Exam
必背數字
Memorise two dates: Joint Declaration signed 19 Dec 1984; sovereignty resumed 1 Jul 1997.
How it is examined
On what date did China and Britain sign the Joint Declaration?
- 19 December 1984
- Confirmed PRC Government resumption of sovereignty over Hong Kong
- Date of resumption: 1 July 1997
"One Country, Two Systems" Policy and Constitutional Basis
序言第二、三段- The State decided to establish the HKSAR in accordance with Article 31 of the Constitution of the PRC.Numbers
- Under the principle of "one country, two systems", the socialist system and policies will not be practised in Hong Kong.Exam
- China's basic policies regarding Hong Kong have been elaborated in the Sino-British Joint Declaration.Definition
- In accordance with the Constitution, the National People's Congress enacted the Basic Law of the HKSAR to prescribe the systems to be practised in the Region.Exam
易混淆
Article 31 of the Constitution: the State may establish special administrative regions when necessary; the system shall be prescribed by the NPC. Understanding the content matters — not memorising the article number.
高頻考點
Real exam high-frequency: the Basic Law was enacted by the National People's Congress (not the NPCSC). NPC vs NPCSC is a classic trap.
How it is examined
What constitutional provision authorises the establishment of the HKSAR under the Basic Law?
- Article 31 of the Constitution authorises the NPC to establish special administrative regions and prescribe their systems
- The Basic Law was therefore enacted by the NPC (not the NPCSC)
- Purpose: to ensure implementation of the State's basic policies regarding Hong Kong
Which body enacted the Basic Law?
- The National People's Congress (not the NPCSC)
- Based on constitutional authority
- Purpose: to prescribe the systems to be practised in the HKSAR
2Legal Status of the SAR and Grant of Autonomy
Articles 1 & 2: The HKSAR is an inalienable part of China; the NPC authorises a high degree of autonomy including executive, legislative and independent judicial power including final adjudication.
Status of the SAR (Article 1)
第1條- The Hong Kong Special Administrative Region is an inalienable part of the People's Republic of China.Definition
- “Inalienable” stresses that Hong Kong’s sovereignty belongs fully to China; any act of separation violates the Basic Law.Exam
高頻考點
Real exam fill-blank: "The HKSAR is an ___ part of the PRC" — only correct answer is "inalienable"; distractors include "highly autonomous", "independent", "inviolable".
Articles 1–11 At-a-Glance
第1–11條| Art. | Core provision | Key point / trap |
|---|---|---|
| Art 1 | HKSAR is an inalienable part of the PRC | "Inalienable" is the sole statutory term |
| Art 2 | NPC authorises a high degree of autonomy | Includes final adjudication; granted, not inherent |
| Art 3 | Executive & legislature composed of permanent residents | Not "all residents" |
| Art 4 | Safeguard rights & freedoms of residents and other persons | "and other persons" essential |
| Art 5 | No socialism; keep capitalist system and way of life, 50 years unchanged | Not "system and policies" |
| Art 6 | Protect the right of private ownership of property | "Protect" private property |
| Art 7 | Land & natural resources are State property; revenues at the HKSAR Govt's disposal | State-owned but revenue to HKSAR |
| Art 8 | Previous laws (five kinds) maintained unless contravening/amended | Five kinds; two exceptions |
| Art 9 | Chinese and English are official languages | Putonghua is not official |
| Art 10 | May use regional flag and emblem | Five star-tipped stamens, red ground |
| Art 11 | Systems based on the Basic Law (Art 31 of Constitution); no law may contravene it | Article 31 is the basis |
One line per Article for fast "which Article says…" location questions.
How it is examined
The HKSAR is an ___ part of the PRC.
- Inalienable (the only statutory term)
- "Highly autonomous" or "independent" are wrong — "inalienable" stresses sovereign integrity
- Any act of separation violates the Basic Law
Grant of High Degree of Autonomy (Article 2)
第2條- The National People's Congress authorises the HKSAR to exercise a high degree of autonomy in accordance with the Basic Law.Exam
- The high degree of autonomy includes: executive power, legislative power, and independent judicial power, including that of final adjudication.Exam
- The autonomy derives from NPC authorisation, not inherent right; its scope is limited to what the Basic Law prescribes.Definition
- The power of final adjudication is exercised by the Court of Final Appeal of the HKSAR, the highest judicial body under the common law system.Exam
高頻考點
Real exam repeatedly fill-blank "the NPC ___ the HKSAR to practise a high degree of autonomy" — answer: "authorises". Must list all four powers including "final adjudication" (omitting it is a common error).
易混淆
High degree of autonomy is "granted" (not inherent) — distractors may say autonomy is "inherent" or "natural", which is wrong. Scope is limited to what the Basic Law prescribes.
High Degree of Autonomy: Four Powers vs Central Powers
第2條| Power | Within autonomy? | Responsible body |
|---|---|---|
| Executive power | Yes | HKSAR |
| Legislative power | Yes | HKSAR |
| Independent judicial power | Yes | HKSAR courts |
| Final adjudication | Yes (often omitted) | Court of Final Appeal |
| Foreign affairs | No | Central People's Government |
| Defence | No | Central People's Government |
The autonomy is granted by the NPC (not the Joint Declaration, not inherent); the four powers must include final adjudication.
How it is examined
The NPC ___ the HKSAR to exercise a high degree of autonomy in accordance with the Basic Law, enjoying executive power, legislative power, independent judicial power and the power of final adjudication.
- First blank: "authorises" (not "approves", "requires" or "rejects")
- Four powers: executive, legislative, independent judicial, final adjudication
- High degree of autonomy is "granted" (not inherent); exercised in accordance with the Basic Law
- Foreign affairs and defence are NOT included
Which is correct? (i) NPC authorises high autonomy; (ii) includes power of final adjudication; (iii) authority derives from the Joint Declaration.
- Correct: (i) authorised by the NPC (not from the Joint Declaration)
- Correct: (ii) four powers include final adjudication (must not be omitted)
- Wrong: (iii) the source is the Basic Law, not the Joint Declaration
3Institutional Arrangements and Way of Life
Articles 3–7: Executive and legislature composed of permanent residents; socialism not practised; capitalist system and way of life unchanged for 50 years; private property protected; land and natural resources belong to the State.
Composition of Executive and Legislative Bodies (Article 3)
第3條- The executive authorities and legislature of the HKSAR shall be composed of permanent residents of Hong Kong in accordance with the Basic Law.Exam
- "Permanent residents" is the statutory qualification for membership in the executive and legislative bodies, not all residents qualify.Definition
高頻考點
Real exam fill-blank: "the executive and legislative bodies are composed of ___" — answer is "permanent residents", not "all residents" or "Chinese citizens". More specific qualifications for CE and LegCo members are set out in later Articles.
How it is examined
The executive and legislative bodies of the HKSAR are composed of ___ of Hong Kong in accordance with the Basic Law.
- Permanent residents (not "all residents")
- Both bodies are subject to this statutory qualification
- More specific qualifications apply to the CE and LegCo members
Capitalist System Unchanged for 50 Years (Articles 4 & 5)
第4–5條- The HKSAR shall safeguard the rights and freedoms of HKSAR residents and other persons in the Region in accordance with law.Exam
- The socialist system and policies shall not be practised in the HKSAR.Exam
- The previous capitalist system and way of life shall remain unchanged for 50 years.Numbers
- The "50 years" is counted from 1 July 1997, i.e. until 2047.Numbers
必背數字
High-frequency fill-blank: "shall not practise socialism, preserving the previous ___" — answer must be "capitalist system and way of life"; "system and policies" or "policies and way of life" are wrong.
高頻考點
The 50 years run from 1 July 1997 to 2047. Exams also test both elements: the "capitalist system" AND the "way of life" must both be stated.
How it is examined
The HKSAR shall not practise socialism; it shall preserve the previous ___, unchanged for 50 years.
- Capitalist system and way of life (only correct fill-blank answer)
- "System and policies" or "policies and way of life" are wrong
- 50 years counted from 1 July 1997, i.e. until 2047
Private Property Rights and Land/Natural Resources (Articles 6 & 7)
第6–7條- The HKSAR shall protect the right of private ownership of property in accordance with law.Exam
- The land and natural resources within the HKSAR shall be State property.Exam
- The Government of the HKSAR shall be responsible for their management, use, development, and lease or grant to individuals, legal persons or organisations.Exam
- The revenues derived therefrom shall be exclusively at the disposal of the Government of the HKSAR.Exam
常見失分位
Land is "State property" but revenues are "exclusively at the disposal of the HKSAR Government" (no remittance to Central). Both points appear as fill-blank questions.
易混淆
The verb sequence is a trap: "manage, use, develop, lease or grant" — "lease" cannot be replaced by "conserve" or "sell".
How it is examined
Land and natural resources within the HKSAR are owned by ___, managed by the HKSAR Government (managed, used, developed, ___ or granted), and revenues go to ___.
- Owned by the State (not by the HKSAR Government)
- Verb sequence: manage, use, develop, lease (not "conserve"/"sell")
- Revenues exclusively at the disposal of the HKSAR Government (not remitted to Central)
- May be granted to individuals, legal persons or organisations
The HKSAR shall protect ___ in accordance with law.
- The right of private ownership of property
- Core guarantee of the capitalist system
- Contrast: private property protected, but land ownership belongs to the State
4Legal Framework: Existing Laws, Languages, Regional Flag and Emblem
Articles 8–11: Previous laws retained; Chinese and English both official languages; regional flag and emblem designs; all HKSAR systems based on the Basic Law and no law may contravene it.
Retention of Previous Laws (Article 8)
第8條- The laws previously in force in Hong Kong, namely common law, rules of equity, ordinances, subordinate legislation and customary law, shall be maintained except for any that contravene the Basic Law or are amended by the legislature.Exam
- Two exceptions apply: (1) any that contravene the Basic Law; (2) any amended by the legislature of the HKSAR.Trap
- Previous laws cover five categories: common law, rules of equity, ordinances, subordinate legislation, and customary law.Numbers
必背數字
Real exams fill-blank the five categories: "common law, rules of equity, ordinances, subordinate legislation and customary law". The first blank is often "common law"; "civil law" / "continental law" are distractors.
易混淆
The retention condition is also fill-blank: "except for any that contravene the Basic Law or are ___ by the legislature" — fill "amended"; the modifying body is the "legislature" (not the NPCSC).
Five Kinds of Previously-in-Force Laws
第8條| 類別 | 官方英文用語 |
|---|---|
| 普通法 | Common law |
| 衡平法 | Rules of equity |
| 條例 | Ordinances |
| 附屬立法 | Subordinate legislation |
| 習慣法 | Customary law |
Five kinds only. "Civil law" and "British law" are distractors. Two exceptions: contravening the Basic Law, or amended by the legislature (not the NPCSC).
How it is examined
Previous laws in force in Hong Kong, namely ___ law, rules of equity, ordinances, subordinate legislation and customary law, shall be maintained except for those that contravene the Basic Law or are amended by the legislature.
- First blank: common law (not "British Parliament law" or "administrative law")
- Five categories: common law, equity, ordinances, subordinate legislation, customary law
- Two exceptions: (1) contravenes Basic Law; (2) amended by the legislature
- "Civil law" or "British law" are NOT among the previous laws
Official Languages (Article 9)
第9條- In addition to Chinese, English may also be used as an official language by the executive authorities, legislature and judiciary.Exam
- Chinese is the primary official language; English is the other official language; both are legally valid.Definition
高頻考點
Real exam: "official languages of the executive, legislative and judicial bodies?" — answer is "Chinese and English" (common trap option adds "Putonghua"). Putonghua is promoted but is NOT an official language.
How it is examined
What are the official languages of the executive, legislative and judicial bodies of the HKSAR?
- Chinese and English (both are official languages)
- Putonghua is NOT an official language (common distractor)
- English is "also" an official language — the text says "in addition to Chinese, English may also be used"
Regional Flag, Emblem and Supremacy of the Basic Law (Articles 10 & 11)
第10–11條- In addition to displaying the national flag and national emblem, the HKSAR may also use its own regional flag and regional emblem.Exam
- The regional flag is a red flag with a bauhinia highlighted by five star-tipped stamens.Definition
- The regional emblem features a bauhinia with five star-tipped stamens at the centre, encircled by the words "Hong Kong Special Administrative Region of the PRC" in Chinese and HONG KONG in English.Definition
- In accordance with Article 31 of the Constitution, the systems and policies of the HKSAR, including its social and economic systems, shall be based on the provisions of the Basic Law.Exam
- Any law enacted by the legislature of the HKSAR shall not contravene the Basic Law.Exam
高頻考點
Real exam: "any law enacted by the legislature shall not ___ the Basic Law" — fill "contravene". The Constitutional basis is Article 31 of the PRC Constitution (content knowledge, not article-number recall).
易混淆
Flag vs emblem: (1) Flag: five star-tipped stamens, bauhinia, red background — traps set four/six stars or yellow background; (2) Emblem adds text "HKSAR of PRC" in Chinese + "HONG KONG" in English surrounding the design.
Regional Flag vs Regional Emblem
第10條| Item | Regional flag | Regional emblem |
|---|---|---|
| Design | Bauhinia with five star-tipped stamens | Same bauhinia |
| Ground colour | Red | Red |
| Stamens | Five stars (not four/six) | Five stars |
| Surrounding text | None | "HKSAR of the PRC" (Chinese) ＋ HONG KONG |
Key: text surround = emblem, no text = flag. Five stars, red ground (not yellow).
How it is examined
Any law enacted by the HKSAR legislature shall not ___ the Basic Law.
- The Basic Law (the supreme constitutional document of the HKSAR)
- All HKSAR systems and policies, including social and economic systems, are based on the Basic Law
- The Basic Law was enacted pursuant to Article 31 of the PRC Constitution
What is the regional flag of the HKSAR? (describe its design)
- Red flag with a bauhinia highlighted by five star-tipped stamens
- Red background (not yellow)
- Five stars (not four, not six)
- Stars are stamens on the flower (not at corners)
The regional emblem of the HKSAR features ___ in the centre, encircled by ___.
- Centre: bauhinia with five star-tipped stamens
- Surround: "HKSAR of the PRC" in Chinese + "HONG KONG" in English
- Text surround = emblem; no text surround = flag
