Cabinet d'avocats
adresse:
29 boulevard Raspail 75007 Paris
tel:
(331) 01.45.04.62.52 - fax: (331) 45.44.64.45
nous répondrons à vos messages
FUNDAMENTAL RIGHTS AND DUTIES OF RESIDENTS
OF HONG KONG
Decree of the President of the People's
Republic of China
In
accordance with Article 31 of the Constitution of the People's Republic of
China, the systems and policies practised in the Hong Kong
Special
Administrative Region, including the social and economicsystems, the system for
safeguarding the fundamental rights and freedoms of its residents, the executive,
legislative and judicial systems, and the relevant policies, shall be based on
the provisions of this Law.
No law
enacted by the legislature of the Hong Kong Special Administrative Region shall
contravene this Law.
Article
24
Residents
of the Hong Kong Special Administrative Region ("Hong Kong
residents") shall include permanent residents and non-permanent residents.
The
permanent residents of the Hong Kong Special Administrative Region shall be:
(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);
(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;
(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; and
(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.
The
above-mentioned residents shall have the right of abode in the Hong Kong
Special Administrative Region and shall be qualified to obtain, in accordance
with the laws of the Region, permanent identity cards which state their right
of abode.
The
non-permanent residents of the Hong Kong Special Administrative Region shall be
persons who are qualified to obtain Hong Kong identity cards in accordance with
the laws of the Region but have no right of abode.
Article
25
All
Hong Kong residents shall be equal before the law.
Article
26
Permanent
residents of the Hong Kong Special Administrative Region shall have the right
to vote and the right to stand for election in accordance with law.
Article
27
Hong
Kong residents shall have freedom of speech, of the press andof publication;
freedom of association, of assembly, of procession and of demonstration; and
the right and freedom to form and join tradeunions, and to strike.
Article
28
The
freedom of the person of Hong Kong residents shall be inviolable.
No
Hong Kong resident shall be subjected to arbitrary or unlawful arrest,
detention or imprisonment.Arbitrary or unlawful search of the body of any
resident or deprivation or restriction of the freedom of the person shall be
prohibited.Torture of any resident or arbitrary or unlawful deprivation of the
life of any resident shall be prohibited.
Article
29
The
homes and other premises of Hong Kong residents shall be inviolable.Arbitrary
or unlawful search of, or intrusion into, a resident's home or other premises
shall be prohibited.
Article
30
The
freedom and privacy of communication of Hong Kong residents shall be protected
by law. No department or individual may, on any grounds, infringe upon the
freedom and privacy of communication of residents except that the relevant
authorities may inspect communication in accordance with legal procedures to
meet the needs of public security or of investigation into criminal offences.
Article
31
Hong
Kong residents shall have freedom of movement within the Hong Kong Special
Administrative Region and freedom of emigration to other countries and
regions.They shall have freedom to travel and to enter or leave the
Region.Unless restrained by law, holders of valid travel documents shall be
free to leave the Region without special authorization
Article
32
Hong
Kong residents shall have freedom of conscience.
Hong
Kong residents shall have freedom of religious belief and freedom to preach and
to conduct and participate in religious activities in public.
Article
33
Hong
Kong residents shall have freedom of choice of occupation.
Article
34
Hong
Kong residents shall have freedom to engage in academic research, literary and
artistic creation, and other cultural activities.
Article
35
Hong
Kong residents shall have the right to confidential legal advice, access to the
courts, choice of lawyers for timely protection of their lawful rights and
interests or for representation in the courts, and to judicial remedies.
Hong
Kong residents shall have the right to institute legal proceedings in the
courts against the acts of the executive authorities and their personnel.
Article
36
Hong
Kong residents shall have the right to social welfare in accordance with
law.The welfare benefits and retirement security of the labour force shall be
protected by law.
Article
37
The
freedom of marriage of Hong Kong residents and their right to raise a family
freely shall be protected by law.
Article
38
Hong
Kong residents shall enjoy the other rights and freedoms safeguarded by the
laws of the Hong Kong Special Administrative Region.
Article
39
The
provisions of the International Covenant on Civil and Political Rights, the
International Covenant on Economic, Social and Cultural Rights, and
international labour conventions as applied to Hong Kong shall remain in force
and shall be implemented through the laws of the Hong Kong Special
Administrative Region.
The
rights and freedoms enjoyed by Hong Kong residents shall not be restricted
unless as prescribed by law.Such restrictions shall not contravene the
provisions of the preceding paragraph of this Article.
Article
40
The
lawful traditional rights and interests of the indigenous inhabitants of the
"New Territories" shall be protected by the Hong Kong Special
Administrative Region.
Article
41
Persons
in the Hong Kong Special Administrative Region other than Hong Kong residents
shall, in accordance with law, enjoy the rights and freedoms of Hong Kong
residents prescribed in this Chapter.
Article
42
Hong
Kong residents and other persons in Hong Kong shall have the obligation to
abide by the laws in force in the Hong Kong Special Administrative Region.
__________________________
Cabinet d'avocats
adresse:
29 boulevard Raspail, 75007 Paris
tel:
(331) 01.45.04.62.52 - fax: (331) 45.44.64.45
nous répondrons à vos messages