MYA L&S F.1

Functions of the government

Questions

1.

With reference to the sources above, connect them with the
appropriate functions of the government below.

Questions

1.

With reference to the sources above, connect them with the appropriate
functions of the government below.

Source 1 : Allocation of resources

Source 2: Formulation of policies and laws

Source 3: Development of the political system

Source 4: Cultivation of civic awareness

‘One country, two systems’ and the Basic Law

‘One country, two systems’ and the Basic Law

In 1984, China and Britain signed the Sino-British Joint
Declaration. It stated that the Chinese government would resume
the exercise of sovereignty over Hong Kong from 1 July 1997.

Under Article 31 of the Constitution of the People's Republic of
China, the Chinese government would implement the following
measures:

To establish the Hong Kong Special Administrative Region
(HKSAR).

Under the principle of ‘one country, two systems', the
existing capitalist system will be maintained.

Under Article 31 of the Constitution of the People's Republic of
China, the Chinese government would implement the following
measures:

To develop the Basic Law of the Hong Kong
Special Administrative Region of the People's
Republic of China (shortly referred to as the Basic
Law) by the National People's Congress (NPC).

The Basic Law came into effect on 1 July 1997.

‘One country, two systems’

Under the principle of ‘one country, two systems’, ‘one country’ means the
People's Republic of China. ‘Two systems’ refer to the socialist system and
the capitalist system.

Specifically, on the premise of one country, the socialist system is practised in
the Mainland, while the capitalist system is practised in Hong Kong

The Basic Law

The Basic Law is the constitutional document for the HKSAR.

It provides a legal basis for the various systems to be practised
in the HKSAR.

Study the sources below carefully and answer the following questions.

Source 1: The Sino-British Joint Declaration, 1984 (excerpt)
The basic policies of the People's Republic of China regarding Hong
Kong are as follows:

• Upholding national unity and territorial integrity and taking
account of the history of Hong Kong and its realities, the People's
Republic of China has decided to establish, in accordance with the
provisions of Article 31 of the Constitution of the People's Republic
of China, the Hong Kong Special Administrative Region upon
resuming the exercise of sovereignty over Hong Kong.

Study the sources below carefully and answer the following questions.

Source 1: The Sino-British Joint Declaration, 1984 (excerpt)

• The Hong Kong Special Administrative Region will enjoy a high
degree of autonomy, except in foreign and defence affairs which are
the responsibilities of the Central People's Government.

• The Hong Kong Special Administrative Region will be vested with
executive, legislative and independent judicial power, including that
of

final

adjudication.

• The current social and economic systems in Hong Kong will
remain unchanged, and so will the way of life.

Study the sources below carefully and answer the following questions.

Source 2: The Basic Law Chapter I: General Principles (excerpt)

Article 1

The Hong Kong Special Administrative Region is an inalienable part of the
People's Republic of China.

Article 2

The National People's Congress authorizes the Hong Kong Special
Administrative Region to exercise a high degree of autonomy and enjoy
executive, legislative and independent judicial power, including that of final
adjudication, in accordance with the provisions of this Law.

Article 5

The socialist system and policies shall not be practised in the Hong Kong
Special Administrative Region, and the previous capitalist system and way of
life shall remain unchanged for 50 years.

Complete the table below according to the sources.

The Hong Kong Special Administrative Region

Governance approach: a ______________of autonomy

The HKSAR government conducts and implements
policies on its own

_____________power

The HKSAR enacts, amends and repeals laws

______________power

The courts of the HKSAR give trials and
adjudications

Independent

__________

power,

including that of ______________.

Affairs

managed

by

the

Central

People's

Government

________ and __________ affairs

Complete the table below according to the sources.

The Hong Kong Special Administrative Region

Governance approach: a high degree of autonomy

The HKSAR government conducts and implements
policies on its own

Executive power

The HKSAR enacts, amends and repeals laws

Legislative power

The courts of the HKSAR give trials and
adjudications

Independent judicial power, including
that of final adjudication.

Affairs

managed

by

the

Central

People's

Government

Foreign and defence affairs

With reference to the provisions of the Basic Law, what
governance concept is shown within?

The concept of ________________________is shown.

With reference to the provisions of the Basic Law, what
governance concept is shown within?

The concept of ‘one country, two systems’is shown.

On the premise of one country, the socialist system is practised
in the Mainland, while the capitalist system is practised in Hong
Kong. Meanwhile, the way of life in Hong Kong will also remain
unchanged.

The relationship between the Central Authorities and
the HKSAR as delineated in the Basic Law

The Basic Law states the scope and responsibilities of affairs managed
by the Central Authorities and the HKSAR.

The scope and responsibilities of affairs managed by the Central Authorities and
the HKSAR can be divided as follows:

Managed affairs and
responsibilities of the

Central Authorities

> Management of the foreign affairs and
defence of the HKSAR
> Appointment of the Chief Executive of the
HKSAR and the principal officials of the
executive authorities
> Interpretation and amendment of the Basic
Law
> Application of national laws in Hong Kong
> Return and invalidation of the law submitted
by the HKSAR

The scope and responsibilities of affairs managed by the Central Authorities and
the HKSAR can be divided as follows:

Managed affairs and

responsibilities of the HKSAR

> Handling of the administrative affairs of the
HKSAR
> Maintenance of public order in the HKSAR
> Enjoyment of legislative power and independent
judicial power, including that of final adjudication
> Protection of the rights and freedoms and the
right of private ownership of property of Hong
Kong residents
>Enactment of laws to prohibit any act of treason

Managed affairs and responsibilities of the Central Authorities

Management of foreign affairs and defence
The Office of the Commissioner of the Ministry of Foreign Affairs of
the PRC in the HKSAR is set up to deal with foreign affairs concerning
the HKSAR.

Managed affairs and responsibilities of the Central Authorities

Management of foreign affairs and defence
The Chinese People’s Liberation Army
is stationed in Hong Kong for defence.

Appointment of the Chief Executive and the principal officials of the
executive authorities

After winning the election, the Chief Executive of the HKSAR should
be appointed by the Central People's Government.

Other principal officials of the executive authorities of the HKSAR,
after being nominated by the Chief Executive, should also be
appointed by the Central People’s Government.

Appointment of the Chief Executive and the principal officials of the
executive authorities

Appointment of the Chief Executive and the principal officials of the
executive authorities

Secretary for Justice

Chief Secretary for

Administration

Financial Secretary

Interpretation and amendment of the Basic Law

In adjudicating cases, the courts of Hong Kong can interpret on their own
the provisions of the Basic Law which are within the limits of the autonomy
of the HKSAR.

Interpretation and amendment of the Basic Law

If the courts, in adjudicating cases, need to interpret the provisions of the
Basic Law concerning the responsibility of the Central Government or
concerning the relationship between the Central Authorities and the
HKSAR, the Court of Final Appeal of the HKSAR should, before making the
final judgements, submit to the Standing Committee of the NPC for
interpretation of the relevant provisions. After that, the courts should follow
the interpretation of the Standing Committee.

Interpretation and amendment of the Basic Law

The power of amendment of the Basic Law is vested in the National
People's Congress. According to the set procedure, the Standing
Committee of the NPC, the State Council and the HKSAR may
propose amendment bills to the Basic Law.

Application of national laws

National laws shall not be applied in the HKSAR except for those
related to the capital, national anthem, national flag, national
emblem, the National Day, nationality law, territorial sea and
diplomatic privileges, etc.

Application of national laws

If the HKSAR is in a state of emergency, the Central People's
Government may issue an order to apply the relevant national laws
in the HKSAR.

Return of the law reported by the HKSAR

The Standing Committee of the NPC will first consult its
Committee for the Basic Law of the HKSAR. If the Standing
Committee of the NPC considers that any law reported by the
HKSAR is inconsistent with the provisions of the Basic Law
regarding the affairs managed by the Central Authorities, or
regarding the relationship between the Central Authorities and
the HKSAR, it has the right to return and invalidate such law.

Managed matters and responsibilities of the HKSAR

Handling of the administrative affairs of HKSAR

The HKSAR can handle the administrative affairs of the Region on its own
in accordance with the relevant provisions of the Basic Law, such as the
formulation of economic policy, budget as well as various education, health
care and housing policies, etc.

Managed matters and responsibilities of the HKSAR

Handling of the administrative affairs of HKSAR
Every year the Chief Executive releases a policy address, outlining the direction for
Hong Kong’s development.

Maintenance of public order in the HKSAR

The disciplined forces of Hong Kong are responsible for maintaining
public order in Hong Kong.

The regular disciplined forces include the Hong Kong Police Force,
the Independent Commission Against Corruption (ICAC), the
Correctional Services Department, etc.

Enjoyment of legislative power and independent judicial
power, including that of final adjudication

Legislative

power

The HKSAR can enact, amend or repeal laws of the HKSAR in
accordance with the provisions of the Basic Law and legal
procedures.

Enjoyment of legislative power and independent judicial
power, including that of final adjudication

Independent judicial power
The HKSAR may continue to maintain the
previous legal system and principles practised
in Hong Kong. The courts can exercise judicial
power independently and are free from any
interference.

Enjoyment of legislative power and independent judicial
power, including that of final adjudication

Power of final adjudication
The power of final adjudication of
the HKSAR belongs to the Court
of Final Appeal. Cases are not
appealable after the Court of
Final Appeal has made the final
judgements.

Protection of the rights and freedoms of Hong Kong residents

The basic rights and freedoms of Hong Kong residents are protected by the Basic
Law.

Hong Kong residents shall have the freedom of speech, of the press and of
publication; freedom of association, of assembly, of procession and of
demonstration; the right and freedom to form and join trade unions, and to strike;
and freedom of communication, of movement and of religious belief, etc. At the
same time, the right of private ownership of property is
safeguarded.

Enactment of laws to prohibit any act of treason

Article 23 of the Basic Law regulates that the HKSAR
shall enact laws on its own to: prohibit any act of
treason, secession, sedition, subversion against the
Central People's Government, or theft of state secrets;

The government should prohibit foreign political
organisations or bodies from conducting political
activities in the Region; and prohibit political
organisations or bodies of the Region from establishing
ties with foreign political organisations or bodies.

Decision-making process of
the HKSAR Government

Institutions involved in the decision-making process of the government

According to the Basic Law, the HKSAR Government has the
right to formulate policies according to the needs of Hong Kong.

Institutions involved in the policy-making process are mainly:

Institutions involved in the decision-making process of the government

Chief Executive

The Chief Executive is the head of the HKSAR. He or she is
responsible

for

leading

the

government,

deciding

on

government policies and issuing executive orders, etc.

Chief Executive

John Lee

Institutions involved in the decision-making process of the government

Executive Council
The Executive Council is an organ assisting the Chief Executive
in policy-making. Its members are appointed by the Chief
Executive.

The Chief Executive will consult the Executive Council before
making important policy decisions and introducing bills to the
Legislative Council.

Institutions involved in the decision-making process of the government

Executive Council

Chief Executive and Executive Council members

https://www.ceo.gov.hk/exco/eng/membership.html

Institutions involved in the decision-making process of the government

Executive authorities

The executive authorities of Hong Kong are mainly composed
of three departments, 15 bureaux and other government
departments.

Institutions involved in the decision-making process of the government

Executive authorities

The three departments and the 15 bureaux are responsible for
formulating

policies

and

introducing

bills.

The government departments under various bureaux are responsible
for the enforcement of laws and policies.

Institutions involved in the decision-making process of the government

Executive authorities
Three

Departments:

Department of Justice

Secretary for Justice

Chief

Secretary

for

Administration’s Office

Chief Secretary for
Administration

Financial Secretary’s Office Financial Secretary

Institutions involved in the decision-making process of the government

Executive authorities
15 Bureaux

Civil Service Bureau

Secretary for the Civil Service

Constitutional and Mainland
Affairs Bureau

Secretary for Constitutional and
Mainland Affairs

Culture, Sports and Tourism
Bureau

Secretary for Culture, Sports
and Tourism

Institutions involved in the decision-making process of the government

Executive authorities
15 Bureaux

Education Bureau

Secretary for Education

Environment and Ecology
Bureau

Secretary for Environment
and Ecology

Health Bureau

Secretary for Health

Institutions involved in the decision-making process of the government

Executive authorities
15 Bureaux

Home and Youth Affairs
Bureau

Secretary for Home and
Youth Affairs

Labour and Welfare Bureau

Secretary for Labour and
Welfare

Security Bureau

Secretary for Security

Institutions involved in the decision-making process of the government

Executive authorities
15 Bureaux

Commerce and Economic
Development Bureau

Secretary for Commerce and
Economic Development

Development Bureau

Secretary for Development

Financial Services and the
Treasury Bureau

Secretary for Financial
Services and the Treasury

Institutions involved in the decision-making process of the government

Executive authorities
15 Bureaux

Housing Bureau

Secretary for Housing

Innovation, Technology and
Industry Bureau

Secretary for Innovation,
Technology and Industry

Transport and Logistics
Bureau

Secretary for Transport and
Logistics

Institutions involved in the decision-making process of the government

Legislative Council

The Legislative Council is
the legislature of the
HKSAR.

Institutions involved in the decision-making process of the government

Legislative Council
The Legislative Council is responsible for enacting laws,
examining and approving budgets and public expenditure,
monitoring the work of the government, and debating issues
concerning public interests.

The Legislative Council can approve or reject the government
bills.

Institutions involved in the decision-making process of the government

Legislative Council
The Chief Executive, the Executive Council and various
decision-making

bureaux

are

mainly

responsible

for

formulating policies and submiting bills to the Legislative
Council for reviews.

The Legislative Council can approve or reject the government
bills.

In the policy formulation process, the public and stakeholders can
express opinions to the government in various forms. They can
influence the process and results of decision-making.

Match the positions/ authorities with their main responsibilities and write down the corresponding letters.

Position/authority

Main responsibilities

Position/authority

Main responsibilities

Chief Executive

a. Serves as the principal legal adviser to the Chief Executive
and government departments and agencies.

Chief Secretary for Administration

b. Leads the government of the HKSAR, decides on
government policies and issues executive orders.

Financial Secretary

c. Supervises the policy bureaux and co-ordinates policy
formulation and implementation.

Secretary for Justice

d. An organ for assisting the Chief Executive in policy making.
The Chief Executive shall consult this organ before making
important policy decisions.

Executive Council

e. Primary functions include enacting, amending or repealing
laws;

examining

and

approving

budgets

and

public

expenditure; and raising questions on the work of the
government.

Legislative Council

f. Oversees policy formulation and implementation in
financial and economic matters.

Match the positions/ authorities with their main responsibilities and write down the corresponding letters.

Position/authority

Main responsibilities

Position/authority

Main responsibilities

Chief Executive

b

a. Serves as the principal legal adviser to the Chief Executive
and government departments and agencies.

Chief Secretary for Administration

c

b. Leads the government of the HKSAR, decides on
government policies and issues executive orders.

Financial Secretary

f

c. Supervises the policy bureaux and co-ordinates policy
formulation and implementation.

Secretary for Justice

a

d. An organ for assisting the Chief Executive in policy making.
The Chief Executive shall consult this organ before making
important policy decisions.

Executive Council

d

e. Primary functions include enacting, amending or repealing
laws;

examining

and

approving

budgets

and

public

expenditure; and raising questions on the work of the
government.

Legislative Council

e

f. Oversees policy formulation and implementation in
financial and economic matters.

Decision-making process: Input, decisions, output,
feedback
Input

Start up of policy

The start-up of policy can be divided into two ways:

From top to bottom: In response to the social conditions, the
government will put forward policy recommendations on some
issues. It also conducts research, data collection and
consultation.

Decision-making process: Input, decisions, output,
feedback
Input

Start up of policy

The start-up of policy can be divided into two ways:

From bottom to top: People from all walks of life, such as
political parties, non-governmental organisations and mass
media, will discuss different issues. They can drive the
government to deal with them and formulate relevant policies.

Decision-making process: Input, decisions, output,
feedback
Input

Public Consultation

The government will consult people about the policy to be
implemented. It will collect public opinions on the policy through
many advisory bodies, the relevant committees of the Legislative
Council and the District Councils, etc.

Decision-making process: Input, decisions, output,
feedback

Input

Public Consultation

Decision-making process: Input, decisions, output,
feedback
Decision
After the consultation stage, the decision-making departments will
develop specific policies and programmes.

Some programmes only need to be passed by the Chief Executive and
the Executive Council.

Decision-making process: Input, decisions, output,
feedback
Decision
Some programmes involving the legislation of new laws or application
for funding from the Legislative Council will require approval of the
Legislative Council.

A bill will take effect after being passed by the Legislative Council
and signed and promulgated by the Chief Executive.

Decision-making process: Input, decisions, output,
feedback
Output
When a policy or law is passed, it will be implemented by
relevant government departments. This is the stage of policy
output

Decision-making process: Input, decisions, output,
feedback
Feedback
When a policy has been implemented for some time, the
government will review the effectiveness of that policy and
collect public opinions, especially from relevant stakeholders.

This helps determine the need for amendment or even
termination of the policy.

Decision-making process: Input, decisions, output,
feedback
Feedback
The review process will also help the government consider and
implement new policies in the future which are more in line
with the social needs.

A case study of the

decision-making process of the
government – implementation

of the statutory minimum

wage

Stakeholders

Identify the stakeholders on
the implementation of the
statutory minimum wage.

A case study of the

decision-making process of the
government – implementation

of the statutory minimum

wage

A case study of the

decision-making process of the
government – implementation

of the statutory minimum

wage

Stakeholders

Identify the stakeholders on
the implementation of the
statutory minimum wage.

A case study of the

decision-making process of the
government – implementation

of the statutory minimum

wage

Stakeholders

Employees

Employers

Labour organisations

Government

A case study of the decision-making process of the government – implementation of

the statutory minimum wage

A case study of the decision-making process of the government – implementation of

the statutory minimum wage

A case study of the decision-making process of the government – implementation of

the statutory minimum wage

Watch the video and answer the following questions.

1a) How many members are there in the Election Committee?

b) How many sectors do they come from?

2) How many number of nominations should the candidate obtain in
order to participate in the election?

3) How many number of votes should the candidate receive in order to
be elected?

Watch the video and answer the following questions.

1a) How many members are there in the Election Committee? 1500 members

b) How many sectors do they come from? 5 sectors

2) How many number of nominations should the candidate obtain in order to
participate in the election? 188 nominations (number of members of each
sector should not be less than 15)

3) How many number of votes should the candidate receive in order to be
elected? 750 votes

Chief Executive election

The Chief Executive shall be a Chinese citizen of not less than 40 years of
age.
He or she must be a permanent resident of Hong Kong with no right of
abode in any foreign country.
In addition, he or she has ordinarily resided in Hong Kong for a continuous
period of more than 20 years.

Definition of a fair and clean election

A fair and clean election is not
only the basis for social justice,
but also the cornerstone of the
development of political system.

A fair and clean election should include the following
conditions:

All eligible citizens can participate in the election on an equal
basis regardless of their gender, races, religious beliefs, social
status and identities.

Every vote of all eligible voters should have equal weight.

A fair and clean election should include the following
conditions:

Voters can vote according to their wishes without any influence
of interests, violence, intimidation and fraud.

Voters can vote by secret ballot and their vote should be kept
strictly confidential.

The electoral and vote counting processes should be effectively
monitored without any interference or manipulation.

Below are some situations that happened during a president election
of a certain country. What principles of a fair and clean election are
being violated in the following situations?

Situation 1

Situation 2

Below are some situations that happened during a president election
of a certain country. What principles of a fair and clean election are
being violated in the following situations?

Situation 1

Situation 2

All eligible citizens can
participate in the election
on

an

equal

basis

regardless of their gender.

Voters can vote according
to their wishes without
any influence of interests.

Below are some situations that happened during a president election
of a certain country. What principles of a fair and clean election are
being violated in the following situations?

Situation 3

Situation 4

Below are some situations that happened during a president election
of a certain country. What principles of a fair and clean election are
being violated in the following situations?

Situation 3

Situation 4

The

electoral

and

vote

counting processes should
be

effectively

monitored

without any interference or
manipulation.

All votes should be kept
strictly confidential, and the
voters

should

not

be

punished in accordance with
their votes.

What do you think is the importance of having a
fair and clean election?

Fair and clean elections ensure that the public
can vote according to their own wills. They
should vote according to the capability of
candidates without any influence of violence or
interests. Then they can elect the capable people
to rule.

The level of fairness and cleanness of elections in Hong Kong

All public elections in Hong Kong are regulated by the relevant legislation.

They have clearly stated the regulations on the electoral process, such as
composition of voters, eligibility and voting system.

2.1 Electoral Affairs Commission

The Electoral Affairs Commission (EAC) was established in 1997 according to the
Electoral Affairs Commission Ordinance.

Fung Wah (right), the Chairman of the
EAC

The major functions of the Commission include reviewing the boundaries of
constituencies, making the electoral regulations and monitoring the electoral process.

It helps ensure the public elections of Hong Kong can be carried out in an open, fair
and honest manner.

The Electoral Affairs Commission
is

responsible

to

develop

guidelines and codes towards
elections.

2.2 Independent Commission Against Corruption

The Independent Commission Against Corruption (ICAC) was established in 1974. Its major
function is to fight against corruption through law enforcement and education.

The ICAC is responsible for the implementation of the Elections (Corrupt and Illegal Conduct)
Ordinance to regulate public elections held in Hong Kong.

The ICAC ensures the election is carried out in a
fair and clean manner.

Compared with other places in the world, the level of fairness and cleanness of
elections in Hong Kong is relatively high. In addition, it can be seen from the survey
that Hong Kong people have confidence in the level of fairness and cleanness of
elections in Hong Kong.

The importance of fair and clean elections on political
development

3.1 Enhancing civic awareness and strengthening social participation

Fair and clean elections allow every eligible citizen to have
equal opportunity of participation.

This can deepen the sense of involvement of citizens and raise
their willingness to participate in social and political affairs.

The importance of fair and clean elections on political
development

3.2 Electing the wise and capable people

Fair and clean elections can ensure that elections are not
controlled by the rich or powerful people. The decision makers
who are capable and able to meet the wishes of the voters will
be elected.

The importance of fair and clean elections on political
development

3.3 Reflecting public opinion and enhancing the quality of governance

With a fair and clean election platform, the opinions of the
electors on social issues as well as their confidence and
satisfaction on the decision-makers can be truly reflected
through their votes.

The importance of fair and clean elections on political
development

3.4 Cornerstone of development of democratic political system

A fair and clean election is the cornerstone of the development of
democratic political system.

If an election cannot be carried out under a fair and clean
environment, the election results will not reflect the true will of the
voters. Then, the voters will lose confidence in the electoral system
and election results.

Inquiry topic: Rights and responsibilities P.2

1.

Based on the source above, what responsibilities does one need to
fulfil if he or she has to become a member of the youth centre?

2.

Based on the source above, what rights can members of the youth
centre enjoy?

3.

Do you agree that rights and responsibilities are complementary?
Explain your answer.

Inquiry topic: Rights and responsibilities

1.

Based on the source above, what responsibilities does one need to
fulfil if he or she has to become a member of the youth centre?

To become a member of the youth centre, young
people need to pay an annual membership fee of $20
and comply with the rules of the youth centre.

Inquiry topic: Rights and responsibilities

2. Based on the source above, what rights can members of the youth
centre enjoy?

The youth centre members can borrow books from the library of
the centre, enjoy the recreational facilities of the centre and
participate in the activities of the centre with discounted price.

Inquiry topic: Rights and responsibilities

3. Do you agree that rights and responsibilities are complementary?
Explain your answer.

Yes. When enjoying the rights, we musy comply with the
corresponding responsibilities. Rights and responsibilities
form a balance and both are indispensable. According to the
source, a person should pay for annual membership fee if he
or she would like to enjoy the facilities of the centre.

Rights and Responsibilities of Hong Kong Residents

Rights refer to the power and interests we enjoy in the society.

Responsibilitiesrefer to civic responsibilities, such as complying
with the law, that we should perform while enjoying our rights.

Inquiry Learning Activity P.3-4

1.

Based on the source above, what are the differences between ‘eligible
people’ and ‘non-eligible people’ in the aspect of public health care
charges? Explain your answer.

2.

Why are there differences between ‘eligible people’ and ‘non-eligible
people’ in the aspect of public health care charges?

3.

Do you think the fee arrangement above is fair? Explain your answer
with ONE reason.

Inquiry Learning Activity P.3-4

1.

Based on the source above, what are the differences between ‘eligible
people’ and ‘non-eligible people’ in the aspect of public health care
charges? Explain your answer.

Public hospitals charge less towards ‘eligible people’.
These ‘eligible people’ enjoy lower health care cost than
‘non-eligible people’ in the use of emergency room,
inpatient services, specialist out-patient services,
general out-patient services and dressing or injection
services.

Inquiry Learning Activity P.3-4

2. Why are there differences between ‘eligible people’ and ‘non-eligible
people’ in the aspect of public health care charges?

Since ‘eligible people’ hold Hong Kong identity
card, they have rights to enjoy the medical
facilities provided by the government at lower
cost.

Permanent residents and non-permanent residents

Permanent residents

> Qualified to obtain the
Hong Kong identity card

> Have the right of
abode in Hong Kong

Non-permanent residents

> Qualified to obtain the
Hong Kong identity card

> Have no right of abode in
Hong Kong

The qualifications required to become permanent residents

According to the Basic Law of the Hong Kong Special Administrative Region of the People’s
Republic of China, six categories of people are eligible for the right of abode in Hong Kong.

1)
Chinese citizens born in Hong Kong before or after the establishment
of

the

Hong

Kong

Special

Administrative

Region;

2)
Chinese citizens who have ordinarily resided in Hong Kong for a
continuous period of not less than seven years before or after the
establishment of the Hong Kong Special Administrative Region;

3)
Persons of Chinese nationality born outside Hong Kong of those
residents

listed

in

categories

(1)

and

(2);

The qualifications required to become permanent residents

4) Persons not of Chinese nationality who have entered Hong Kong
with valid travel documents, have ordinarily resided in Hong Kong
for a continuous period of not less than seven years and have taken
Hong Kong as their place of permanent residence before or after the
establishment of the Hong Kong Special Administrative Region;

The qualifications required to become permanent residents

5) Persons under 21 years of age born in Hong Kong of those
residents listed in category (4) before or after the establishment of the
Hong Kong Special Administrative Region;

6) Persons other than those residents listed in categories (1) to (5),
who, before the establishment of the Hong Kong Special
Administrative Region, had the right of abode in Hong Kong only.

Rights of permanent residents

-Enjoying the right of abode

A)

The right to land

B)

The staying in Hong Kong is not subject to any conditions and

constraints (including duration of stay)

C)

Shall not be deported

D)

Shall not be removed

Rights of permanent residents

-Becoming a public servant

-Participating in election
a) The right to vote
b) The right to stand for election

Chinese citizens and non-Chinese citizens

Chinese citizens

> people who own or acquire

Chinese nationality

> All people born in Hong Kong
with either one or both parents

being a Chinese citizen

Non-Chinese citizens

> people who do not have or fail
to acquire Chinese nationality.

The Nationality Law of the People’s Republic of China

Article 3:

The People’s Republic of China does not recognise dual

nationality for any Chinese citizen.

Article 4:

Any person born in China whose parents are both Chinese

citizens or one of whose parents is a Chinese citizen shall have

Chinese nationality.

Article 5:

Any person born abroad whose parents are both Chinese citizens or

one of whose parents is a Chinese citizen shall have Chinese

nationality.

However, a person whose parents are both Chinese citizens and have

both settled abroad, or one of whose parents is a Chinese citizen and

has settled abroad, and who has acquired foreign nationality at birth

shall not have Chinese nationality.

Article 6:

Any person born in China whose parents are stateless or of uncertain

nationality and have settled in China shall have Chinese nationality.

Article 7:

Foreign nationals or stateless persons who are willing to abide by China’s

Constitution and laws and who meet one of the following conditions may

be naturalised upon approval of their applications:

1.

They are near relatives of Chinese citizens;

2.

They have settled in China; or

3.

They have other legitimate reasons.

Rights of Chinese citizens

-The right to obtain a passport
The Central People's Government authorises the HKSAR
Government to issue ‘HKSAR passport’ to Hong Kong
permanent residents with Chinese citizenship.

Rights of Chinese citizens

-Undertaking the duties of principal officials

Under the Basic Law, the HKSAR's Chief Executive, Executive
Council members, principal officials, Chief Justice of the Court
of Final Appeal and Chief Judge of the High Court and other
key posts must be served by Hong Kong permanent residents
with Chinese citizenship and with no right of abode in any
foreign country.

Rights of Chinese citizens

-Participating in national affairs

HKSAR residents with Chinese citizenship, whether permanent
residents or not, have the right to participate in the management of
state

affairs.

For example, the election of HKSAR deputies to the National People's
Congress (NPC).

Rights of Hong Kong Residents

Fundamental rights of individuals

1)

Freedom of the person

2)

Freedom of marriage and right of childbearing

3)

The homes and other premises of Hong Kong residents shall be
inviolable.

4)

Freedom and privacy of communication

5)

Freedom of movement within the HKSAR; freedom of emigration
to other countries and regions; freedom to travel and to enter or
leave the Region

Rights of Hong Kong Residents

Political rights and legal rights

1)

Right to vote and right to stand for election

2)

Freedom of speech, of the press and of publication; freedom of
association, of assembly, of procession and of demonstration;
and the right and freedom to form and join trade unions, and to
strike.

3)

Shall be equal before the law

4)

Right to legal advice, access to the courts, choice of lawyers for
timely protection of their lawful rights and interests

Rights of Hong Kong Residents

Economic rights

1)

Freedom of choice of occupation

2)

Right to social welfare

Rights of Hong Kong Residents

Cultural and educational rights

1)

Freedom of religious belief

2)

Freedom to engage in academic research, literary and artistic
creation, and other cultural activities.

Responsibilities of Hong Kong residents

Complying

with

the

law

Hong Kong residents have the responsibility to abide by the
laws

in

force

in

the

HKSAR.

The laws are basic tools which protect our rights and freedoms.
They also maintain public order and social stability and
prosperity.

Paying taxes

Taxes are the foundation for the government to promote various policies
and maintain social welfare.

Hong Kong residents who work in Hong Kong with annual income
exceeding a certain amount must pay salaries tax to the HKSAR
Government.

Commercial organisations registered in Hong Kong need to pay profits
tax to the government.

Respecting

others

Accepting others

Having consideration for others

Caring

of

public

property

Caring for the environment

Safeguarding the national security

The HKSAR shall enact laws to prohibit any act of
treason, secession, sedition, subversion against the
Central People’s Government, or theft of state secrets.

Hong Kong residents have the duty to uphold national
unity and national solidarity.

Rule of law

Definition

- All people and institutions should comply with the law and
have the right to seek protection from the courts.

- In court, the judges will carry out judicial decisions fairly.

- The rule of law protects people's rights and freedom from the

unlawful interference by the government or other people.

Rule of law

Importance

-In a society with the rule of law, the powers of government and
all civil servants are given by law.

-Any person, including rulers, unless there is legal basis, should
not violate the law or affect the personal freedom of others.

Rule of law

Importance

-If anyone was hurt by illegal things, he or she could bring a
lawsuit to a court. The court will make a fair ruling and the
person who has been harmed can receive compensation.

-Rule of law protects the weak against bullies, ensuring that
everyone can live with safety and dignity.

Rule of law

Major principles of the rule of law

1) All people being equal before the law

All Hong Kong residents, whether rich or poor, are protected
and bounded by the law.

Rule of law

Major principles of the rule of law

2) Judicial independence

-When judging cases, the judiciary should be free from any
interference.
-The appointment of judges should be done by an independent
comission.
-The executive authorities, the legislature and the judiciary
should have clear division of labour.

Rule of law

Major principles of the rule of law

3) Fair and open trials

-Presumption of innocence: Prior to the judgement by the court, the
defendant is only a ‘suspect’ in the trial. That is, the defendant is presumed
to be innocent, but not a ‘criminal’.

-Right to appeal: If the defendant is dissatisfied with the judgement, he or
she may appeal against it.

Rule of law

Major principles of the rule of law

4) The power of government shall be limited by the law

-The government must act according to the law but not do
whatever it wants.

Rule of law

Major principles of the rule of law

5) Protection of human rights by the law

-In a society governed by the rule of law, the law must comply with
the standard of basic human rights. Every person can enjoy the
protection of human rights under the law and judicial system.

Rule of law

Major principles of the rule of law

5) Protection of human rights by the law

-If the general public suspects that the executive authorities or the
legislature made some unlawful decisions based on certain policies,
they can apply to the court for a judicial review. The judiciary will
then examine whether the decisions and behaviours of these
authorities are in accordance with the law and procedures. The rights
of the citizens are thus protected.

Inquiry topic: Spirit of the rule of law
Study the sources below carefully and answer the following questions.
Source 1 What is the rule of law?

In a society governed by the rule of law, everyone has the
right to seek protection through the courts where justice is
administered by unbiased judges. The rule of law protects
one’s freedom to manage their affairs without fear of
arbitrary interference by the Government or the improper
influence from the rich and powerful.

Inquiry topic: Spirit of the rule of law
Study the sources below carefully and answer the following questions.
Source 1 What is the rule of law?

The rule of law governs the way in which power is
exercised in Hong Kong. Its principal meaning is that the
power of the Government and all government servants
come from the law which expressed in legislation and the
judicial decisions made by independent courts. No one,
including the Chief Executive, can commit an act which
would constitute a legal wrong or affect a person’s liberty.

Inquiry topic: Spirit of the rule of law
Study the sources below carefully and answer the following questions.
Source 1 What is the rule of law?

The act can only be done unless that person has legal
justification for that action. Otherwise, the affected
person can resort to a court which may rule that the
act is invalid and of no legal effect. The court may then
order compensation to the affected person.

Inquiry topic: Spirit of the rule of law
Study the sources below carefully and answer the following questions.
Source 1 What is the rule of law?

In addition, in a society governed by the rule of law, all
persons, regardless of their race, rank, politics or religion,
must comply with the law of the land. The rule of law requires
that the courts are independent of the Government Executive
bodies. This independence is crucial for fair and unbiased
rulings when judging the legality of the acts carried out by the
Government.

Inquiry topic: Spirit of the rule of law
Study the sources below carefully and answer the following questions.
Source 1 What is the rule of law?

What elements can be found in the rule of law?

All

being

equal

before

the

law

All persons, regardless of their background, must
comply with the law.

Inquiry topic: Spirit of the rule of law
Study the sources below carefully and answer the following questions.
Source 1 What is the rule of law?

What elements can be found in the rule of law?

Protection of human rights

Everyone has the right to seek protection through
the courts without the fear of improper influence
from the rich and powerful.

Inquiry topic: Spirit of the rule of law
Study the sources below carefully and answer the following questions.
Source 1 What is the rule of law?

What elements can be found in the rule of law?

The power of government being limited

The power of the government comes from the
law. No one can commit an act which would
constitute a legal wrong or affect a person’s
liberty.

Inquiry topic: Spirit of the rule of law
Study the sources below carefully and answer the following questions.
Source 1 What is the rule of law?

What elements can be found in the rule of law?

Judicial independence

The courts are independent of the government
executive bodies. This independence is crucial for
fair and unbiased rulings when juding the legality
of thet acts carried out by the government.