This website uses cookies to ensure you have the best experience. Learn more

Basic Law Essay

1011 words - 5 pages

Introduction
“One country, two systems” is an important formula that symbolized the stage of socialist modernization of Chinese Government. The Basic Law is one of the products produced under such kind of ideology. According Article 11 in the Law; “the systems and policies practiced in the Hong Kong Special Administrative Region including the social and economic systems, the system for safe-guarding the fundamental rights and freedoms of its residents, the executive, legislative and judicial systems and relevant policies, shall be based on the provisions of the law. No law enacted by the legislature of Hong Kong Special Administrative Region shall contravene this law.” In other words, the Basic law is more superior in comparison with other laws in Hong Kong.
In the essay, the arrangement of the law and the rationale behind will be focused. Conclusion and limitation of the law are added at the end of this essay.

Key structure of Basic Law
Basic Law is a principal source of laws in Hong Kong. It is also an agreement between both China and UK. Starting from the Preamble, which explain why Basic Law is enacted.
“Hong Kong has been part of China’s territory since ancient times, but it was occupied by Britain after Opium War in 19 Dec 1984, the Chinese and British government signed the Joint Declaration on the question of Hong Kong, affirming the Government of People’s Republic of China will resume the exercise of sovereignty over Hong Kong on 1 July, 1997….”
In order to uphold the national unity and territory ownership of China. China has decided implementing Basic Law in Hong Kong.
Basic law has eight chapters and each of them carries different but utmost important function of constructing the legislative structure of Hong Kong. In following paragraphs, the characteristics of those chapters are explained.
The Chapter I (general principles) of the Basic law is to govern the political, economic, legal and the other systems and policies to be applied in the HKSAR. It suggests the officers working as legislature and authorizes should be Hong Kong permanent residents (Article 3) also, Socialism of China will not be practiced in Hong Kong. Instead, Capitalism will remain in Hong Kong until the changeover after 50 years. Article 8 suggests that the laws which is not contradictory to Basic Law should remain while Article 9 determines the official languages used in Hong Kong.
Chapter II sets out the relationship between HKSAR government and Central government of the PRC. The Chapter suggests the head of HKSAR government who along with other principal officers are appointed by the Central government. (Article 15)
Chapter III is an utmost important section. It declares with the right of the Hong Kong citizens. In the Chapter, it first identifies who can be a permanent HK resident. (Article 24) then, the chapter declares the rights and freedom of Hong Kong citizens. Including freedom of speech, press and the right to vote, to demonstrate, etc....

Find Another Essay On Basic Law

Fields of Law Essay

1313 words - 5 pages . Both prosecution and defense professionals deal with issues of individual liberty, basic rights, and responsibilities. In some Common Law countries other than the U.S., and in most Civil Law countries, the roles of a prosecutor (or procurator) and defense lawyer (or advocate) are separated more clearly into different professional specialties.Entertainment law predominantly relates to Intellectual Property Law, but is more specifically centered on

Law School Essay

1550 words - 6 pages of law. The bar examination is composed of multiple choice questions and essays, covering basic legal material, specific knowledge about the law of that specific state, and legal ethics. Most states use the multi-state bar examination, which consists of 200 multiple-choice questions. Law school graduates usually attend review courses in order to help them prepare for the bar examination. Generally, three out of four law school graduates pass

Critically evaluate the main principles of legal positivism and natural law

3538 words - 14 pages , integrity and authenticity. He said that these qualities were of sufficient unity to be named so and that this represents the structure of "natural law". Basic human rights such as "not to be deprived of life as a means to an end and "not to be condemned on charges which are known to be false" should flow from this.Weinreb questions Finnis' version of natural law especially in relation to self-evidence and moral choices. He argues that the "basic

The Jungle Book

598 words - 2 pages or be eaten," this is the Law of the Jungle.The Law of the Jungle is a set of legal codes used by the wolves in their everyday life. Along with the wolves, other wild animals of the jungle are taught of this code from the moment they are born. The law explains how they should behave, their obligations to the pack, and the way of life they must obey. The wolves are taught basic principles of social co-operation within the society and understand

Common Law vs. Political Law vs. Scientific Law

2135 words - 9 pages agreed to do, and, (2) do not encroach on others or their property.Scientific or common law developed on these two foundation maxims: "Do what you have agreed to do" was the foundation maxim of contract law; "do not encroach on others or their property" was the foundation maxim of criminal and tort law. A tort is harm to another or to property of another. This is how common law became the source of all our basic laws against theft, fraud, kidnapping

The Civil Law and The Religious Law

1194 words - 5 pages In the world the legal system are based on one of three basic systems. There is Western law which is divided into civil law and common law. Then there is Religious law. Each country has its own unique legal system that they include variations of civil, common and religious law. Some have a combination of all three. Civil Law are based on concepts, categories, and rules derived from Roman law, with some influence of canon law, sometimes

Legal Philosophers Report: Philosopher: HLA Hart (Herbert Lionel Adolphus Hart)

941 words - 4 pages , believed by Hart; that it is a combination of Primary and Secondary rule that applies on to each and every one of us. It's our basic right (freedom of speech) and as well as it forbids us from certain acts. That wasn't his only book Hart wrote many books like; some of Harts famous and important books published were; Causation in the Law (1959, with A.M. Honoré), The Concept of Law (1961), Law, Liberty and Morality (1963) and Of Laws in General (1970

Law. An Overview

903 words - 4 pages LAW: an OverviewHuman nature consists of three basic components. These are tolive, to propagate and to dominate. If Humanity was left without anyother parameters, this natural state of existence would govern itsbehavior. Fortunately, there are parameters that exist. Theseparameters are law. The topic of this paper addresses the type of lawthat operates in creating potential boundaries for the behavior ofstates. This law is called the Law of

Imperialism and International Legal Theory Reaction Paper

914 words - 4 pages articulate their own views of international law. Western states argued that they were not bound by the principles authored by the Third World because of the basic rule that a state could not be bound by international rules unless it agreed to be so bound. Even after the end of colonialism, third world countries play a secondary role in the international law arena because of their economic dependence on the west. Are international institutions a

Merchant of Venice Essay: The Importance of the Law

1756 words - 7 pages none of us Should see salvation.  We do pray for mercy, And that same prayer doth teach us all to render The deeds of mercy (IV.i.196-200).   Mercy, or the imposition of basic principles of fairness upon the strict letter of the law, lies at the heart of equity; a modern philosopher might refer to such considerations as "situational ethics."  Portia's famous speech on the qualities of mercy attributes this capacity in mankind

Legal Assessment

1331 words - 6 pages The Need For Law There needs to be laws in society to maintain orderly function and to avoid anarchy. Especially within technology and the law. Technology over the past 5 years has advanced so much in computers, social media and the internet in general however technology expands far beyond just your basic Facebook and Twitter. Technology also consists of highly advanced scientific concepts such as cloning and forensic analysis also everyday

Similar Essays

The 5 Basic Sources Of Law

1033 words - 5 pages In the U.S law there are five basic sources of law, which will be discussed in this context. The primary sources of the American law are constitutional law, administrative law, common law, statutory law and treaties. “Most U.S. law consists primarily of state law, which can and does vary greatly from one state to the next”(Boundless). The U.S law derived from the English law, but has separated away from it and has incorporated a number of

Separation Of Powers Under The Hk Basic Law

6439 words - 26 pages Electronic copy available at: http://ssrn.com/abstract=2412448 1 Separation of Powers under the HK Basic Law By Danny Gittings Assistant Professor, College of Humanities and Law, HKU SPACE PhD Student, Faculty of Law, University of Hong Kong The origins of separation of powers are often traced back to the writings of the ancient Greek philosopher Aristotle. But although Aristotle was arguably the first to divide all governmental powers into

The History Of English Common Law In Hong Kong

833 words - 3 pages law for Hong Kong now are the Basic Law, the principal source of law in the SAR.The Sino-British Joint Declaration on the Question of Hong Kong ( The Joint Declaration ) was signed between the Chinese and British Governments on 19 December 1984. The Joint Declaration sets out the basic policies of the People's Republic of China (PRC) regarding Hong Kong. Under the principal of "One Country, Two System", the law system and policies shall not be

Fields Of Law (Various Sources) Essay

1467 words - 6 pages . Both prosecution and defense professionals deal with issues of individual liberty, basic rights, and responsibilities. In some Common Law countries other than the U.S., and in most Civil Law countries, the roles of a prosecutor (or procurator) and defense lawyer (or advocate) are separated more clearly into different professional specialties.Entertainment law predominantly relates to Intellectual Property Law, but is more specifically centered on