5. Nationality Law of the People's Republic of China.
6.
Regulations of the People's Republic of China concerning Diplomatic privileges and immunities.
II.
The Standing Committee of the National People' Congress can make additions or subtractions to the list in Annex III of the Basic Law after consulting its own Basic Law Committee for the Hong Kong SAR and the Government of the Hong Kong SAR. Any additional laws Annex III must be laws dealing with National Defence, Foreign Affairs or other matters which the Hong Kong Basic Law has designated are beyond the competence of the Hong Kong SAR.
to
III.
1. If the Standing Committee of the National People's Congress decides to proclaim a State of War or if it decides to proclaim a State of Emergency in Hong Kong because of disturbances that have arisen within Hong Kong that the Hong Kong Government is unable to control and threaten national unity and security, the Central Government can make a proclamation that the relevant national level laws will be applied in the Hong Kong SAR.
IV.
On this point the Basic Law has made clear provisions and distinctions concerning the application of national level laws in States of Emergency. The Standing Committee of the National People's Congress has the power to declare a State of War or a State of Emergency. In order to clearly define a State of Emergency, the Basic Law has added reference to a chaotic situation beyond the control of the Hong Kong SAR which threatens national unity or national security. This provision is very apt.
C.
The application and validity of the laws of the Hong Kong special administrative region
The boundaries of the validity of the laws applied in Hong Kong SAR are mainly set out under the following circumstances.
1.
They have a general binding force on the residents of the Hong Kong SAR.
These people have a duty to obey the laws of the Hong Kong SAR.
2. Military Personnel sent by the Central People's Government and stationed in the Hong Kong SAR for defence must in addition to obeying the national level laws also obey the laws of the Hong Kong SAR and they cannot disobey them at will.
3.
Organizations and their personnel set up in Hong Kong belonging to the various departments of the Central People's Government or other provincial level units have a duty to obey the laws of the Hong Kong SAR and may not arbitrarily disobey them. Citizens of other countries and regions including other regions of China have duty to obey the laws of the Hong Kong SAR when they enter the SAR.
To sum up, generally speaking, the application and validity of the · laws of the Hong Kong SAR applies to and has general binding force on the residents of Hong Kong and other persons in Hong Kong:
No comments yet.
Private notes are available after approval.