Fundamental Rights and Duties of the Residents

Which of the following persons is a Hong Kong permanent resident under the Basic Law?

• Chinese citizens born in Hong Kong are category 1 — no seven-year requirement
• Chinese citizens resident for seven continuous years are category 2
• Non-Chinese nationals need seven years plus permanent residence intent for category 4
• Children under 21 born in HK to category-4 parents are category 5
• Category 3 requires Chinese nationality and parents in category 1 or 2
• Category 6 is a transitional provision for those with abode rights before 1997

What document confirms a permanent resident's right of abode?

• A permanent identity card (bearing the right of abode)
• Non-permanent residents receive only an ordinary HKID without right of abode
• Only holders of a permanent identity card enjoy the right of abode

How do permanent and non-permanent residents differ regarding identity cards and right of abode?

• Permanent residents hold a permanent identity card indicating right of abode
• Non-permanent residents hold an ordinary Hong Kong identity card without right of abode
• Both may reside in Hong Kong lawfully, but with different levels of protection

The _____ of the HKSAR shall, in accordance with law, enjoy the right to vote and to stand for election.

• Correct fill-in: "permanent residents" — not "residents" or "citizens"
• Non-permanent residents do not enjoy electoral rights
• Equality before the law applies to all residents, but electoral rights are limited to permanent residents
• Real exams pair "right to vote" and "right to stand for election" together — both fall under the same provision

Which of the following are protected freedoms of Hong Kong residents under the Basic Law? (i) Right to form trade unions (ii) Freedom of assembly (iii) Freedom of publication

• Freedom of speech, press and publication — all three protected
• Freedom of association, assembly, procession and demonstration — all four protected
• Right and freedom to form and join trade unions — also protected
• Right to strike — also protected
• All of (i)(ii)(iii) are correct — none can be excluded

Which of the following falls within the protection of personal liberty under the Basic Law?

• Prohibits arbitrary or unlawful arrest, detention or imprisonment
• Prohibits torture
• Prohibits arbitrary or unlawful body search
• Prohibits arbitrary or unlawful deprivation of life
• Inviolability of the home is a separate provision and must not be confused with personal liberty

Under what circumstances may the authorities lawfully intercept communications?

• Only for the need of public security, following legal procedures
• Only for the need of investigating criminal offences, following legal procedures
• Apart from these two grounds, no department or individual may infringe freedom and privacy of communication
• Restrictions on communication must follow legal procedures and cannot be arbitrary

What movement-related freedoms do Hong Kong residents enjoy under the Basic Law?

• Freedom of movement within Hong Kong
• Freedom to emigrate to other countries and regions
• Freedom to travel and enter or leave Hong Kong
• All three freedoms are protected under the same provision

Hong Kong residents have freedom of religious belief, and the freedom to _____ and to hold and participate in religious activities.

• Correct fill-in: "preach in public" — the exact text of the provision; "open a church" or "establish a religion" are incorrect
• Religious freedom covers three aspects: freedom of belief, freedom to preach publicly, freedom to hold and participate in religious activities
• "Preach in public" emphasises the right to propagate to the public, not merely private belief
• Real exams test whether all four items — public preaching, holding religious activities, participating in religious activities, and freedom of belief — are covered

Residents have the right to _____, to institute proceedings in court, and to choose a lawyer to protect their lawful rights.

• Correct fill-in: "confidential legal advice" — not "free" or "fair"
• Residents may institute proceedings in court, including against acts of executive authorities and their personnel
• Residents may sue the executive "under any circumstances" — no prior complaint is required
• Judicial remedy covers three elements: confidential advice, legal proceedings, and lawyer representation

Which of the following falls within the social welfare protection guaranteed to residents under the Basic Law?

• Residents have the right to social welfare in accordance with law
• Labour's welfare benefits and retirement security are both protected by law
• Freedom of marriage and child-bearing is a separate provision, not within social welfare
• Social welfare covers labour benefits and retirement security, not only cash assistance

Which of the following covenants continue to apply to Hong Kong? (i) ICCPR (ii) ICESCR (iii) CRC (iv) International Labour Conventions

• Correct: (i), (ii) and (iv) all remain in force; (iii) Convention on the Rights of the Child is not included
• All three instruments are implemented through HKSAR legislation
• Residents' rights and freedoms may not be restricted except as prescribed by law
• Such restrictions must not contravene the provisions of the covenants

Under the Basic Law, the _____ of New Territories indigenous inhabitants shall be protected by the HKSAR.

• Lawful traditional rights and interests are protected by the HKSAR
• Protection is limited to rights that are both "lawful" and "traditional"
• The protecting authority is the HKSAR, not the Central Government
• "New Territories" defines the geographic scope; not all indigenous persons in HK are covered

Which category of persons has the obligation to abide by the laws of the HKSAR?

• Correct answer: "Hong Kong residents and other persons in Hong Kong" — both categories are required
• "All Hong Kong residents" is incomplete as non-residents also bear this obligation
• "Permanent residents" is too narrow; the obligation is not limited to any residency status
• Tourists, transit passengers and foreign nationals in HK are all bound by this obligation

Who may, in accordance with law, enjoy the rights and freedoms of Hong Kong residents prescribed in Chapter III of the Basic Law?

• Permanent residents: entitled
• Non-permanent residents: entitled
• Non-residents (e.g. tourists) in HK: also entitled to Chapter III rights and freedoms in accordance with law
• All three categories are included; electoral rights are the exception (permanent residents only)