Preamble and General Principles

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

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

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

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

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

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

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

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

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"

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