1Education and Professional Qualifications
Hong Kong formulates its own education policies; educational institutions retain autonomy and academic freedom; Hong Kong independently determines professional qualification systems.
Autonomy in Education Policy and Institutional Autonomy
第136–137條- The HKSAR Government formulates its own education policies, including policies on the educational system and its administration, language of instruction, allocation of funds, examinations, the system of academic awards and the recognition of educational qualifications. (Art. 136)Exam
- Community organisations and individuals may, in accordance with law, run educational undertakings of various kinds in the HKSAR. (Art. 136)Definition
- Educational institutions of all kinds may retain their autonomy and enjoy academic freedom; they may continue to recruit staff and use teaching materials from outside the HKSAR. (Art. 137)Exam
- Schools run by religious organisations may continue to provide religious education, including religious courses. (Art. 137)Exam
- Students shall enjoy freedom of choice of educational institutions and freedom to pursue their education outside the HKSAR. (Art. 137)Definition
高頻考點
Real exams frequently use fill-in-the-blank to test the six education policy areas: system, language, funds, exams, degrees, qualifications — all six can appear individually as options.
易混淆
High-frequency fill-blank: "Educational institutions may retain their ＿＿＿＿" — answer is "autonomy and academic freedom"; note "autonomy" not "independence". "Schools run by religious organisations may continue to provide ＿＿＿＿ education" — answer is "religious education".
How it is examined
What areas of education policy does Hong Kong determine on its own under the Basic Law?
- Educational system and administration
- Language of instruction
- Allocation of funds
- Examinations
- System of academic awards
- Recognition of educational qualifications
- Community organisations and individuals may also run educational undertakings in accordance with law
Educational institutions may retain their ＿＿＿＿ and continue to recruit staff and use teaching materials from outside the HKSAR.
- Autonomy AND academic freedom (key term: "autonomy", not "independence")
- Schools run by religious organisations may continue to provide religious education, including religious courses
- Students enjoy freedom to choose educational institutions and to study outside the HKSAR
Professional Qualification System
第142條- The HKSAR Government shall determine on its own the professional qualifications for various professions; those who have acquired professional and vocational qualifications before the establishment of the HKSAR may continue to retain their qualifications and practise their professions in accordance with law. (Art. 142)Exam
- The HKSAR recognises professional organisations recognised before 1997; these organisations may continue to set their own standards and confer professional qualifications. (Art. 142)Exam
- The HKSAR may, in accordance with social development needs and after consulting the relevant parties, recognise new professional organisations. (Art. 142)Definition
高頻考點
Real exam: "Hong Kong formulates its own professional qualification system on the basis of ＿＿＿＿" — answer is "retaining the original professional system". Also tested: persons who obtained qualifications before 1997 "may continue to retain their qualifications and practise in accordance with law"; new professional bodies require consultation before recognition.
How it is examined
On what basis does Hong Kong formulate its own system for assessing professional qualifications?
- On the basis of retaining the original professional system
- Persons with qualifications obtained before 1997 may continue to retain their qualifications and practise in accordance with law
- Professional bodies recognised before 1997 continue to be recognised and may set their own standards
- New professional bodies may be recognised in accordance with social development needs after consulting relevant parties
2Healthcare, Science, Culture, Sports, Religion and Social Services
Hong Kong enjoys broad autonomy in healthcare, science, culture and sports; religious freedom is protected; social welfare and civil society policies are also independently determined.
Healthcare, Science and Technology, Culture and Sports
第138–140、143條- The HKSAR Government shall formulate policies to develop both Western and traditional Chinese medicine and to improve medical and health services; private medical institutions may provide various medical services in accordance with law. (Art. 138)Definition
- The HKSAR Government shall formulate its own science and technology policies; it shall protect research results, patents and inventions in accordance with law; it shall decide on its own the scientific and technological standards and specifications applicable in Hong Kong. (Art. 139)Exam
- The HKSAR Government shall formulate its own cultural policies; it shall protect the achievements and the lawful rights and interests of authors in their literary and artistic creation in accordance with law. (Art. 140)Definition
- The HKSAR Government shall formulate its own sports policies; non-governmental sports organisations may continue to exist and develop in accordance with law. (Art. 143)Definition
高頻考點
Real exams fill-blank: "Hong Kong formulates its own ＿＿＿＿ and ＿＿＿＿ policies" — answers are science/technology and cultural. Cultural policy protects authors' "achievements and lawful rights and interests" (not "copyright" or "sales profits"). Sports policy: "non-governmental sports organisations" may continue to exist (key word: "non-governmental").
Autonomy by Field — Quick Reference
第138–140、143條| Field (Art.) | Policy | Protection / key term |
|---|---|---|
| Medical/health (138) | Develop both Chinese and Western medicine and health services | Community organisations & individuals may provide services in accordance with law |
| Science & tech (139) | Formulate own science & technology policies; set standards/specifications | Protect research results, patents and inventions |
| Culture (140) | Formulate own cultural policies | Protect authors' achievements and lawful rights and interests |
| Sports (143) | Formulate own sports policies | Non-governmental sports organisations may continue to exist |
Traps: culture protects "achievements and lawful rights and interests" (not "copyright"); sports = "non-governmental" bodies.
How it is examined
What autonomy does Hong Kong have in science and technology under the Basic Law?
- Formulates its own science and technology policies
- Protects research results, patents and inventions in accordance with law
- Decides on its own the scientific and technological standards and specifications applicable in Hong Kong
The HKSAR Government formulates its own cultural policies and protects by law the ＿＿＿＿ and ＿＿＿＿ of authors in literary and artistic creation.
- Achievements AND lawful rights and interests (not "copyright" or "sales profits")
- The HKSAR Government formulates its own cultural policies
- By contrast, sports policy provides that non-governmental sports organisations may continue to exist and develop in accordance with law
The HKSAR Government formulates its own sports policies. ＿＿＿＿ may continue to exist and develop in accordance with law.
- Non-governmental sports organisations (key word: "non-governmental", not "private" or "public")
- Hong Kong formulates its own sports policies
Religious Freedom and Religious Organisations
第141條- The HKSAR Government shall not restrict religious belief, not interfere in the internal affairs of religious organisations, and shall not restrict religious activities which do not contravene the laws of the Region. (Art. 141)Exam
- Religious organisations shall enjoy the right, in accordance with law, to acquire, use, dispose of and inherit property; they may run religious seminaries, other schools, hospitals and welfare institutions and provide other social services. (Art. 141)Exam
- Religious organisations in the HKSAR may maintain and develop their relations with religious organisations in other places. (Art. 141)Definition
常見失分位
Art. 141 "three nots": no restriction on belief, no interference in internal affairs, no restriction on lawful activities. Religious organisations have four property rights (acquire, use, dispose, inherit). Exam trap: the government CAN restrict activities that contravene the law.
How it is examined
What four property rights do religious organisations enjoy in accordance with law under the Basic Law?
- Acquire, use, dispose of and inherit (all four must be included)
- Right to receive financial assistance
- May run religious seminaries, schools, hospitals and welfare institutions
What is the HKSAR Government's basic stance on religious affairs? (Three 'No' principles)
- Shall not restrict freedom of religious belief
- Shall not interfere in the internal affairs of religious organisations
- Shall not restrict religious activities which do not contravene the laws of the Region
- Note: activities that contravene Hong Kong law are NOT protected — the Government may restrict these
Civil Organisations, Social Welfare and Labour
第144–149條- The HKSAR Government shall maintain the previous subvention policy for non-governmental organisations in education, medical and health services, culture, arts, recreation, sports, social welfare and social work. (Art. 144)Exam
- The HKSAR Government shall, on the basis of the previous social welfare system, formulate policies on its development and improvement in accordance with the economic conditions and social needs of the HKSAR. (Art. 145)Definition
- Voluntary organisations providing social services in Hong Kong shall continue to exist; the Government shall encourage their work. (Art. 146)Definition
- The HKSAR Government shall enact laws and formulate policies on its own regarding labour. (Art. 147)Definition
- Relations between non-governmental and religious organisations in the HKSAR and their counterparts on the Mainland shall be based on the principles of non-subordination, non-interference and mutual respect. (Art. 148)Exam
- Non-governmental and religious organisations in the HKSAR may maintain and develop relations with relevant organisations in other countries and regions and with international organisations; they may use the name "Hong Kong, China" as required in such activities. (Art. 149)Exam
必背數字
High-frequency fill-blank: relations between HK civil/religious organisations and Mainland counterparts are based on "＿＿＿＿" — answer requires all three: non-subordination, non-interference AND mutual respect. Exams often omit one term as a trap.
高頻考點
Three exam points: (1) Subvention policy covers eight sectors; previous staff "may continue to be employed"; (2) Social welfare policy based on "previous system" per "economic conditions and social needs"; (3) Voluntary organisations may decide service methods when "not contravening the law".
Articles 144–149 — Quick Reference
第144–149條| Art. | Core provision | Key point |
|---|---|---|
| 144 | Maintain the previous subvention policy for eight sectors | Previous staff may continue to be employed |
| 145 | Formulate welfare policy on the basis of the previous system | Per "economic conditions and social needs" |
| 146 | Voluntary organisations may decide their own service methods | When "not contravening the law" |
| 147 | Enact laws and policies on labour on its own | "laws AND policies", both |
| 148 | Relations with Mainland/religious counterparts | Non-subordination, non-interference, mutual respect (all three) |
| 149 | Civil/religious bodies may develop external relations | May use the name "Hong Kong, China" |
Art. 148 needs all three principles; Art. 147 answer is "laws AND policies", not "laws" alone.
How it is examined
Relations between HK non-governmental/religious organisations and their Mainland counterparts shall be based on the principles of ＿＿＿＿.
- Non-subordination, non-interference and mutual respect (all three required)
- Covers: education, science, technology, culture, arts, sports, professions, medical/health, labour, social welfare and social work
Which sectors' non-governmental organisations must the HKSAR Government maintain the original subvention policy for? What happens to staff of these organisations?
- Eight sectors: education, medical/health, culture, arts, recreation, sports, social welfare, social work
- Previous staff may continue to be employed under the original system
Under what condition may voluntary organisations providing social services in Hong Kong decide their own service methods?
- When not contravening the law, they may decide their own service methods
- Social welfare development policy is formulated according to "economic conditions and social needs"
What name may HK non-governmental and religious organisations use in international activities? What fields are covered?
- May use the name "Hong Kong, China" in such activities
- Covers education, science, technology, culture, arts, sports, professions, medical/health, labour, social welfare and social work
- May maintain and develop relations with organisations in other countries, regions and internationally
3External Affairs
Hong Kong conducts external relations under the name 'Hong Kong, China' across multiple fields; participation in international organisations depends on whether membership is state-based; foreign consular institutions require Central Government approval; HKSAR passports are issued only to specified persons.
Participation in Diplomatic Negotiations and External Relations as "Hong Kong, China"
第150–151條- Representatives of the HKSAR Government may, as members of delegations of the Government of China, participate in diplomatic negotiations directly affecting the Region conducted by the Central People's Government. (Art. 150)Exam
- The HKSAR may, on its own, using the name "Hong Kong, China", maintain and develop relations and conclude and implement agreements with foreign states and regions and relevant international organisations in economic, trade, financial, shipping, communications, tourism, cultural and sports fields. (Art. 151)Exam
必背數字
Must memorise — eight fields for "Hong Kong, China": economic, trade, financial, shipping, communications, tourism, cultural and sports. Common exam: "which is NOT covered?" — military, diplomatic and defence affairs are excluded. Also tested: name used = "Hong Kong, China"; manner = "on its own".
常見失分位
Common exam trap: HK representatives join diplomatic negotiations as "members" of the PRC Government delegation — not "observers", "advisers" or "attending representatives". Both conditions must be met: conducted by the CPG AND directly affecting HK.
External Capacity / Name — Comparison
第150–151條| Art. | Matter | HK's capacity / name |
|---|---|---|
| 150 | Join CPG diplomatic negotiations directly affecting HK | Member of the PRC Government delegation (not observer/adviser) |
| 151 | Act on its own in eight fields: economic, trade, financial, shipping, communications, tourism, cultural, sports | Under the name 'Hong Kong, China' |
Diplomatic talks = as a delegation "member"; the eight fields = on its own as "Hong Kong, China". The eight exclude military, diplomatic and defence affairs.
How it is examined
What are the eight fields in which Hong Kong may maintain external relations under the name "Hong Kong, China" on its own?
- Economic, trade, financial, shipping, communications, tourism, cultural and sports (all eight must be memorised)
- Note: military and diplomatic affairs are NOT included
- May maintain and develop relations and conclude and implement agreements with foreign states, regions and relevant international organisations
In which situation must HKSAR Government representatives participate as members of the PRC delegation rather than as "Hong Kong, China"?
- When participating in diplomatic negotiations conducted by the Central People's Government that directly affect Hong Kong
- Both conditions must be met: conducted by the CPG AND directly affecting Hong Kong
- HK representatives cannot independently represent China in diplomatic negotiations
Participation in International Organisations and Conferences
第152–153條- For international organisations and conferences limited to states, the HKSAR may participate as a member of the Chinese delegation or in a capacity permitted by the Central Government and the relevant international organisation, expressing views under the name "Hong Kong, China". (Art. 152)Exam
- For international organisations and conferences not limited to states, the HKSAR may participate on its own under the name "Hong Kong, China". (Art. 152)Exam
- The Central People's Government shall take the necessary steps to ensure that the HKSAR shall continue to retain its status in an appropriate capacity in those international organisations of which China is a member and in which Hong Kong is permitted to be represented. (Art. 152)Definition
- The Central People's Government shall, after consulting the HKSAR Government, decide whether international agreements to which China is a party shall apply to the HKSAR. (Art. 153)Exam
- International agreements to which China is not yet a party but which are applied to Hong Kong may continue to be applied to the HKSAR. (Art. 153)Exam
高頻考點
High-frequency: state-based organisations require all three conditions before HK can join as part of China's delegation: (1) state-based; (2) relevant to HK; (3) appropriate field. Missing any one condition fails. Non-state-based: HK may participate directly on its own as "Hong Kong, China".
易混淆
Common exam trap: if China has NOT yet joined but HK already participates, the Central Government enables HK to continue in an appropriate form. International agreements concluded by China require consulting the HKSAR Government before the Central Government decides whether to apply them to HK.
Participation in International Bodies — Comparison
第152條| Nature of body / conference | Mode of participation | Name |
|---|---|---|
| State-based (also relevant to HK & appropriate field) | Join as member of the Chinese delegation or in a permitted capacity | Express views as 'Hong Kong, China' |
| Not state-based | HK participates on its own | As 'Hong Kong, China' |
State-based bodies require all three conditions together: state-based + relevant to HK + appropriate field.
How it is examined
Under what three conditions may Hong Kong send representatives as members of the PRC delegation to international organisations and conferences?
- (1) State-based; (2) relevant to Hong Kong; (3) appropriate field — all three required simultaneously
- Views expressed under the name "Hong Kong, China"
- For non-state-based organisations, Hong Kong may participate directly on its own as "Hong Kong, China"
What happens to international organisations that China has NOT yet joined but Hong Kong has participated in some form?
- The Central People's Government shall, as necessary, enable Hong Kong to continue to participate in these organisations in an appropriate form
- Contrast: for organisations where both China and Hong Kong already participate, the Central Government takes necessary steps to maintain Hong Kong's position
- Common mistake: it is NOT only organisations/agreements that China has joined that can apply to Hong Kong
Who decides whether international agreements concluded by the PRC apply to Hong Kong? What procedure must be followed?
- Decided by the Central People's Government based on the circumstances and needs of Hong Kong
- Must consult the HKSAR Government before deciding
- International agreements not yet joined by China but already applied to Hong Kong may continue to apply to the HKSAR
Consular Institutions, HKSAR Passports and Visa Exemption
第154–157條- The establishment by foreign states of consular and other official or semi-official institutions in the HKSAR shall require the approval of the Central People's Government. (Art. 157)Exam
- Consular institutions set up in Hong Kong by states that have formal diplomatic relations with China may be maintained; those set up by states without formal diplomatic relations may, according to circumstances, be retained or changed to semi-official institutions. (Art. 157)Exam
- The HKSAR Government may issue Hong Kong Special Administrative Region of the People's Republic of China passports to Chinese citizens who are permanent residents of the HKSAR. (Art. 154)Exam
- The HKSAR Government may issue other travel documents to persons otherwise legally residing in the HKSAR. (Art. 154)Exam
- The above passports and travel documents shall be valid in all countries and regions; the right of holders to return to the HKSAR shall be secured by law. (Art. 154)Definition
- The HKSAR may apply immigration controls on entry into, stay in and departure from the Region by persons from foreign states and regions. (Art. 154)Definition
- The Central People's Government shall assist or authorise the HKSAR Government to conclude visa abolition agreements with foreign states and regions. (Art. 155)Exam
- The HKSAR may establish official or semi-official economic and trade missions in foreign countries and shall notify the Central People's Government of such establishments. (Art. 156)Exam
常見失分位
High-frequency exam — three-level procedure contrast: (1) Foreign consular institutions in HK = Central APPROVAL required; (2) HK economic/trade missions abroad = only NOTIFY Central; (3) Visa abolition agreements = Central ASSISTS or AUTHORISES. One wrong word costs the mark.
必背數字
High-frequency — Art. 157 three-tier structure: (1) States with formal diplomatic relations: existing consular institutions may be maintained; (2) States without formal relations: may retain or convert to semi-official; (3) States not recognised by China: may ONLY establish non-governmental (civilian) institutions. The "only non-governmental" tier is frequently tested as a fill-blank.
高頻考點
High-frequency fill-blank on passports: (1) HKSAR Passport = issued ONLY to Chinese citizens who are permanent residents; (2) Other travel documents = issued to other persons legally residing in HK.
Art. 157 — Three-tier Consular Rules
第157條| State's relations with China | Treatment of institutions in HK |
|---|---|
| Has formal diplomatic relations | Existing consular institutions may be maintained |
| No formal diplomatic relations yet | May retain or convert to semi-official |
| Not recognised by China | May only establish non-governmental institutions |
The "non-governmental only" tier is the strictest and most tested. Setting up any such institution needs Central Government approval.
Three External-Affairs Procedures
第155–157條| Matter | Procedure with the Central Government | Art. |
|---|---|---|
| Foreign consular/official institutions in HK | Require CPG approval | 157 |
| Visa abolition agreements | CPG assists or authorises HK | 155 |
| HK economic/trade missions abroad | Notify CPG (for the record) | 156 |
Strength descending: approval > assist/authorise > notify. One wrong word costs the mark.
How it is examined
Foreign consular institutions or other official/semi-official bodies established in Hong Kong require the approval of ＿＿＿＿.
- The Central People's Government (NOT the Foreign Ministry, State Council or HKSAR Government)
- States with formal diplomatic relations with China: existing consular institutions may be maintained
- States without formal relations: may be allowed to retain or convert to semi-official
- States not recognised by China: may ONLY establish non-governmental (civilian) institutions
Who may be issued the HKSAR Passport of the PRC?
- Chinese citizens who are permanent residents of the HKSAR
- Other persons legally residing in HK may only receive other HKSAR travel documents (not the HKSAR passport)
- The passport is valid in all countries and regions; holders' right to return to the HKSAR is secured by law
What procedure must Hong Kong follow with the Central Government when establishing official or semi-official economic and trade missions abroad?
- Notify (report for the record to) the Central People's Government (only notification, NOT approval)
- Contrast: foreign consular institutions in HK require Central Government APPROVAL
- Contrast: visa abolition agreements require Central Government to ASSIST or AUTHORISE
What role does the Central People's Government play in visa abolition agreements concluded by Hong Kong?
- The Central People's Government assists or authorises Hong Kong to conclude visa abolition agreements
- Key: "assist or authorise", NOT "approve"
- Three-level contrast: approval (foreign consulate in HK) > assist/authorise (visa abolition) > notify/record (HK mission abroad)
