Constitutional Charter of the Hong Kong SAR

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THE CONSTITUTIONAL CHARTER OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION

香港特別行政區憲制章程

of the Celestial Empire of the Great Ming



Promulgated under the Mandate of Heaven

By Authority of the Dragon Throne

For the Peace, Order, Liberty, Prosperity, and Good Government of Hong Kong

PREAMBLE​

Whereas Hong Kong is an ancient harbour of China, a meeting-place of peoples, commerce, languages, laws, and civilisations;

Whereas the people of Hong Kong, while remaining within All Under Heaven and owing allegiance to the Celestial Empire of the Great Ming, have long possessed and cherished their own institutions, customs, language, legal traditions, and manner of public life;

Whereas the Celestial Constitution recognises Special Administrative Regions as possessing their own constitutional instruments, distinct legal systems, economic policies, and degrees of autonomy;

Whereas the Celestial Constitution declares the dignity of the person inviolable, guarantees fundamental rights, preserves judicial independence, and recognises Hong Kong as a Special Administrative Region whose autonomy may not lightly be reduced;

Whereas Hong Kong’s prosperity has rested upon the rule of law, an independent judiciary, freedom of commerce, freedom of expression, professional self-government, clean administration, fiscal prudence, personal liberty, and openness to the world;

Whereas Chinese civilisation, Confucian ethical order, respect for family and learning, commercial trustworthiness, civic restraint, and the plurality of lawful beliefs form part of the moral inheritance of Hong Kong;

Now therefore this Constitutional Charter is ordained and established for the Hong Kong Special Administrative Region, to secure its autonomy, preserve its laws and liberties, maintain its prosperity, and define its relationship with the Dragon Throne, the Celestial Government, and the people of the Celestial Empire.

PART I — GENERAL PRINCIPLES​

Article 1 — Establishment and Name

1. There shall be a Special Administrative Region of the Celestial Empire known in English as the Hong Kong Special Administrative Region, in Chinese as 香港特別行政區, and in this Charter as Hong Kong or the Region.

2. Hong Kong forms an inalienable part of the Celestial Empire of the Great Ming.

3. Hong Kong shall enjoy a high degree of autonomy under the sovereignty of the Celestial Empire, save in respect of such matters as are expressly reserved to the Dragon Throne or the Celestial Government by the Celestial Constitution or by this Charter.

Article 2 — Constitutional Foundation

1. This Charter is the constitutional instrument of Hong Kong within the meaning of the Celestial Constitution.

2. This Charter shall be interpreted in harmony with the Celestial Constitution, and in particular with: (a) the Mandate of Heaven; (b) the rights of the people; (c) the rule of law; (d) the autonomy of Special Administrative Regions; and (e) the preservation of Hong Kong’s distinct legal and economic systems.

3. Where a provision of this Charter admits of more than one interpretation, the interpretation most consistent with Hong Kong’s autonomy, the common law, individual liberty, commercial certainty, and the rights guaranteed by the Celestial Constitution shall be preferred.

4. No provision of this Charter shall be construed as authorising any derogation from the non-derogable rights or entrenched constitutional principles of the Celestial Constitution.

Article 3 — Autonomy of Hong Kong

1. Hong Kong shall exercise executive, legislative, and judicial power in accordance with this Charter.

2. The institutions of the Celestial Empire shall not interfere in matters falling within the autonomous competence of Hong Kong, except: (a) as expressly provided by the Celestial Constitution; (b) as expressly provided by this Charter; (c) for the defence of the Realm; (d) for the conduct of foreign affairs; or (e) pursuant to a final judgment of the Celestial Constitutional Court on a constitutional question properly before it.

3. The autonomy of Hong Kong shall be permanent and shall not be subject to expiry by lapse of time.

4. Any reduction in the autonomy of Hong Kong shall require: (a) approval by a two-thirds majority of each chamber of the Celestial Legislative Yuan; (b) Imperial Assent; (c) approval by a two-thirds majority of the Legislative Council of Hong Kong; and (d) certification by the Celestial Constitutional Court that the reduction is compatible with the Celestial Constitution and does not impair the essential content of Hong Kong’s status as a Special Administrative Region.

Article 4 — Rule of Law

1. The rule of law shall be the foundation of public authority in Hong Kong.

2. All persons, public authorities, officials, bodies corporate, and organs of government shall be subject to the law.

3. No person shall be deprived of liberty, property, legal status, office, licence, benefit, or legitimate expectation except in accordance with law and by fair procedure.

4. The courts of Hong Kong shall have jurisdiction to determine whether any act of a public authority of Hong Kong is lawful.

5. No act of state doctrine, public interest certificate, executive necessity, administrative instruction, or Imperial communication shall oust the jurisdiction of the courts of Hong Kong except where such ouster is expressly authorised by this Charter or by the Celestial Constitution.

Article 5 — The Common Law

1. The common law shall continue to be the foundation of the legal system of Hong Kong.

2. The laws of Hong Kong shall include: (a) this Charter; (b) ordinances enacted by the Legislative Council; (c) subsidiary legislation made under lawful authority; (d) the common law; (e) rules of equity; (f) customary law recognised by the courts; and (g) such Imperial or Celestial laws as are expressly applied to Hong Kong in accordance with this Charter.

3. The doctrines of precedent, judicial reasoning, legality, fairness, equity, natural justice, habeas corpus, and proportionality shall form part of the constitutional order of Hong Kong.

4. Courts of Hong Kong may refer to decisions of courts in other common-law jurisdictions, and to international legal materials, where such reference assists the development of Hong Kong law and is compatible with this Charter.

Article 6 — Languages

1. Chinese and English shall be the official languages of Hong Kong.

2. Cantonese, being the principal spoken Chinese language of Hong Kong, shall be respected and protected as a language of public life, education, broadcasting, culture, and administration.

3. No person shall suffer legal disadvantage by reason only of the use of Chinese, English, Cantonese, Mandarin, or any other lawful language in private life.

4. Laws, judgments of constitutional importance, public notices, and principal instruments of administration shall be available in both Chinese and English.

5. In case of divergence between the Chinese and English texts of this Charter, both texts shall be equally authoritative; the courts shall adopt the construction most consistent with the purpose of this Charter, the autonomy of Hong Kong, and the rights of the people.

PART II — RIGHTS, LIBERTIES, AND DUTIES​

Article 7 — Application of Rights

1. The rights guaranteed by the Celestial Constitution shall apply in Hong Kong with full force.

2. The rights set out in this Part shall supplement, and shall not diminish, the rights guaranteed by the Celestial Constitution.

3. A right or freedom protected by this Charter may be restricted only by law, only for a legitimate public purpose, and only to the extent that the restriction is necessary and proportionate in a free, lawful, and orderly society.

4. The burden of justifying any restriction upon a right shall rest upon the public authority seeking to uphold the restriction.

Article 8 — Equality Before the Law

1. All persons are equal before the law and are entitled to the equal protection and benefit of the law.

2. No person shall be discriminated against by any public authority on grounds of sex, gender, race, colour, descent, language, religion, belief, political or other opinion, national or social origin, birth, disability, age, sexual orientation, gender identity, property, marital status, family status, or other status.

3. Measures designed to remedy disadvantage, secure substantive equality, protect vulnerable persons, or preserve minority languages and cultures shall not constitute unlawful discrimination.

Article 9 — Personal Liberty and Habeas Corpus

1. Every person has the right to liberty and security of the person.

2. No person shall be arrested, detained, imprisoned, removed, deported, extradited, or otherwise deprived of liberty except in accordance with law.

3. Every arrested person shall be informed promptly, in a language they understand, of the reason for arrest and of any charge against them.

4. Every arrested or detained person shall have the right to consult and instruct a lawyer without delay.

5. The writ of habeas corpus shall be available as of right.

6. No law shall abolish, suspend, or unreasonably restrict the writ of habeas corpus.

Article 10 — Criminal Justice

1. Every person charged with a criminal offence shall be presumed innocent until proved guilty according to law.

2. No person shall be convicted except upon proof beyond reasonable doubt before an independent and impartial court.

3. Every accused person shall have the right: (a) to a fair and public hearing within a reasonable time; (b) to be informed promptly and in detail of the charge; (c) to adequate time and facilities for preparation of the defence; (d) to legal representation of their own choosing; (e) to legal aid where the interests of justice so require; (f) to examine witnesses against them; (g) to call witnesses in their defence; (h) to remain silent; (i) not to be compelled to confess guilt; and (j) to the free assistance of an interpreter where necessary.

4. No person shall be tried or punished twice for the same offence after final acquittal or conviction.

5. No person shall be convicted for an act or omission which was not an offence at the time it occurred.

6. Punishments shall be proportionate, humane, and imposed only by law.

Article 11 — Abolition of Capital Punishment and Protection Against Death Penalty Exposure

1. Capital punishment is abolished in Hong Kong.

2. No court, tribunal, public authority, military authority, administrative body, or other institution exercising jurisdiction within Hong Kong shall impose, confirm, authorise, execute, facilitate, or give effect to a sentence of death.

3. No person shall be removed, surrendered, extradited, transferred, rendered, deported, expelled, or otherwise delivered from Hong Kong to any jurisdiction, authority, state, territory, tribunal, military body, or organ of government where there are substantial grounds for believing that the person may face: (a) the death penalty; (b) trial for an offence punishable by death; (c) transfer onward to another jurisdiction where the death penalty may be imposed; or (d) execution pursuant to a sentence already imposed.

4. The prohibition in paragraph 3 applies to all receiving jurisdictions and authorities, including foreign states, international tribunals, military authorities, and the institutions, courts, organs, and authorities of the Celestial Empire.

5. A person may be extradited, surrendered, transferred, removed, or otherwise delivered only where the requesting authority gives a binding, specific, and judicially enforceable assurance that: (a) the death penalty shall not be sought; (b) the death penalty shall not be imposed; (c) if already imposed, the death penalty shall not be carried out; and (d) the person shall not be transferred onward to any jurisdiction where such protection is absent.

6. No assurance shall be sufficient unless the courts of Hong Kong are satisfied that it is reliable, enforceable, and compatible with this Charter, the common law, and the rights guaranteed by the Celestial Constitution.

7. Any person affected by a proposed extradition, surrender, transfer, deportation, expulsion, rendition, removal, or analogous measure shall have the right to challenge such measure before the courts of Hong Kong before it is carried out.

8. No emergency, security measure, executive certificate, Imperial communication, act of state, public interest claim, request of the Celestial Government, or claim of comity shall derogate from this Article.

9. This Article shall be entrenched and shall not be amended, suspended, limited, or repealed except by the procedure applicable to entrenched provisions under Article 65 of this Charter.

Article 12 — Freedom of Expression and the Press

1. Every person has the right to freedom of opinion and expression.

2. This right includes freedom: (a) to hold opinions without interference; (b) to seek, receive, and impart information and ideas; (c) of the press and other media; (d) of publication; and (e) of satire, criticism, academic commentary, artistic expression, and political speech.

3. No system of prior censorship shall be established.

4. Journalists shall not be compelled to disclose confidential sources except by order of a court, where disclosure is necessary for the prevention of a serious crime or for the protection of life, and where no less intrusive means is available.

5. Public authorities shall not penalise criticism of the government, the Chief Executive, the Legislative Council, the courts, the Celestial Government, or public officials, save where such criticism constitutes an offence recognised by law and compatible with this Charter.

Article 13 — Freedom of Assembly, Procession, and Association

1. Every person has the right peacefully to assemble, demonstrate, march, petition, and associate with others.

2. Notification requirements may be imposed by law for the orderly management of public places, but no permit system shall be used to suppress lawful political, civic, labour, religious, cultural, or academic expression.

3. Every person has the right to form and join associations, political parties, professional bodies, chambers of commerce, trade unions, cultural societies, and charitable organisations.

4. Restrictions upon assembly or association shall be subject to strict judicial scrutiny.

Article 14 — Freedom of Conscience, Religion, and Belief

1. Every person has the right to freedom of thought, conscience, religion, and belief.

2. No religion shall be established as the religion of Hong Kong.

3. Confucian, Buddhist, Taoist, Christian, Islamic, Hindu, Jewish, Sikh, folk, ancestral, philosophical, and other lawful traditions shall be equally protected.

4. The practice of ancestral rites, clan observances, temple worship, charitable religious activity, and traditional festivals shall be respected, provided they are conducted in accordance with law and public safety.

5. No person shall be compelled to affirm a religious, political, philosophical, or ideological doctrine.

Article 15 — Privacy, Home, and Communications

1. Every person has the right to respect for private and family life, home, correspondence, communications, and personal data.

2. Search, surveillance, interception, seizure, or compulsory disclosure by a public authority shall require lawful authority, necessity, proportionality, and, save in urgent circumstances prescribed by law, prior judicial authorisation.

3. Personal data shall be processed fairly, lawfully, transparently, and for specified purposes.

4. An independent Privacy Commissioner shall supervise compliance with data protection law.

Article 16 — Property and Commercial Rights

1. Private property shall be inviolable, subject only to lawful regulation in the public interest.

2. No property shall be compulsorily acquired except: (a) for a public purpose; (b) under authority of law; (c) upon payment of fair and timely compensation; and (d) with access to judicial review.

3. Freedom of contract, commercial certainty, corporate personality, banking confidentiality, and lawful investment shall be protected.

4. The Region shall maintain a legal environment conducive to trade, finance, shipping, insurance, arbitration, professional services, technology, and lawful enterprise.

Article 17 — Education, Culture, and Academic Freedom

1. Every person has the right to education.

2. Academic freedom shall be guaranteed.

3. Universities, schools, research institutions, libraries, museums, and learned societies shall enjoy institutional autonomy according to law.

4. Education in Hong Kong shall cultivate: (a) knowledge of Chinese civilisation and history; (b) respect for the Celestial constitutional order; (c) understanding of Hong Kong’s common-law heritage; (d) civic responsibility; (e) critical inquiry; and (f) openness to the world.

5. No educational institution shall be required to teach falsehood as truth or suppress lawful academic inquiry.

Article 18 — Labour and Social Protection

1. Workers shall have the right to safe and humane working conditions.

2. Workers shall have the right to form and join trade unions, to bargain collectively, and to take lawful industrial action.

3. The Region shall maintain a social security system sufficient to protect human dignity, family stability, public health, and the welfare of the elderly, children, persons with disabilities, and persons in poverty.

4. The Region shall, consistently with fiscal prudence, make provision for housing, medical care, education, social assistance, and public transport.

Article 19 — Duties of Residents

1. Residents of Hong Kong owe a duty to obey the law, respect the rights of others, pay lawful taxes, serve on juries where required, assist the administration of justice, and preserve public order.

2. The traditional virtues of integrity, filial respect, learning, restraint, trustworthiness, and public-spiritedness shall be encouraged but shall not be enforced by criminal penalty except where conduct independently violates law.

PART III — RESIDENCY, CITIZENSHIP, AND STATUS​

Article 20 — Permanent Residents

1. The law shall define who is a permanent resident of Hong Kong.

2. Permanent residents shall have the right of abode in Hong Kong and shall not be removed from the Region except in accordance with law and this Charter.

3. Permanent residents shall enjoy political rights in Hong Kong according to this Charter and legislation enacted thereunder.

Article 21 — Celestial Citizenship

1. Residents of Hong Kong who are citizens of the Celestial Empire shall enjoy the rights and bear the duties of Celestial citizenship.

2. Nothing in this Charter shall deprive a person of any right guaranteed by the Celestial Constitution by reason only of residence in Hong Kong.

3. Questions of Celestial citizenship shall be determined by Celestial law, provided that no such law shall be applied in Hong Kong so as to impair the right of abode of a permanent resident except in accordance with this Charter.

Article 22 — Immigration

1. Hong Kong shall maintain its own immigration system, border controls, visa policies, right of abode rules, and procedures for admission and removal.

2. The Celestial Government shall not impose migration into Hong Kong in a manner inconsistent with Hong Kong law.

3. Immigration decisions shall be subject to judicial review.

PART IV — THE EXECUTIVE AUTHORITY​

Article 23 — The Chief Executive

1. The executive authority of Hong Kong shall be vested in the Chief Executive of Hong Kong, who shall be the head of the Region and shall represent the Region.

2. The Chief Executive shall be accountable to: (a) the people of Hong Kong; (b) the Legislative Council; and (c) the Dragon Throne, in respect of matters concerning the relationship between Hong Kong and the Celestial Empire.

3. The Chief Executive shall uphold this Charter, the Celestial Constitution, the laws of Hong Kong, and the autonomy of the Region.

Article 24 — Selection and Appointment of the Chief Executive

1. The Chief Executive shall be selected by universal suffrage of permanent residents of Hong Kong who are eligible to vote, in accordance with an electoral law enacted by the Legislative Council.

2. A candidate for Chief Executive shall: (a) be a permanent resident of Hong Kong; (b) be a citizen of the Celestial Empire; (c) have attained the age of forty years; (d) have ordinarily resided in Hong Kong for not less than twenty years; and (e) have no right of abode in a foreign state, unless exempted by law for compelling reasons.

3. Upon certification of the result by the Electoral Commission, the elected person shall be formally appointed by the Empress.

4. The Empress may refuse appointment only where the Celestial Constitutional Court, upon reference by the Dragon Throne, certifies that the elected person is constitutionally disqualified.

5. A refusal of appointment shall be accompanied by written reasons and shall require a new election within ninety days.

Article 25 — Term of Office

1. The Chief Executive shall serve for a term of five years.

2. No person shall serve more than two consecutive terms as Chief Executive.

3. A former Chief Executive who has served two consecutive terms may be eligible again after an interval of one full term.

Article 26 — Powers and Duties of the Chief Executive

The Chief Executive shall: (a) lead the Government of Hong Kong; (b) sign bills passed by the Legislative Council; (c) promulgate ordinances; (d) appoint and remove principal officials in accordance with this Charter; (e) conduct the ordinary administration of the Region; (f) prepare and submit budgets; (g) implement laws; (h) issue executive orders not inconsistent with law; (i) represent Hong Kong in external economic, cultural, sporting, financial, and technical relations authorised by this Charter; (j) grant pardons and commute sentences in respect of offences under Hong Kong law, after consultation with an advisory committee established by law; (k) safeguard the rights and freedoms of residents; and (l) maintain public order and the integrity of the civil service.

Article 27 — Executive Council

1. There shall be an Executive Council to advise the Chief Executive.

2. The Executive Council shall consist of principal officials and such other members as may be appointed by the Chief Executive.

3. The Chief Executive shall consult the Executive Council before: (a) making significant policy decisions; (b) introducing bills of major constitutional, fiscal, security, or economic importance; (c) issuing executive orders of general application; or (d) dissolving the Legislative Council where permitted by this Charter.

4. Where the Chief Executive acts contrary to the advice of the Executive Council, the reasons for doing so shall be recorded.

Article 28 — Principal Officials

1. Principal officials shall be appointed by the Chief Executive.

2. The following offices shall be established: (a) Chief Secretary for Administration; (b) Financial Secretary; (c) Secretary for Justice; (d) Secretary for Security; (e) Secretary for Constitutional and Mainland Affairs; (f) Secretary for Commerce and External Economic Relations; and (g) such other secretaries as may be established by law.

3. Principal officials shall be accountable to the Chief Executive and to the Legislative Council.

4. The Secretary for Justice shall act independently in matters of prosecution, legal advice, and the protection of the public interest.

Article 29 — The Civil Service

1. Hong Kong shall maintain a politically neutral, merit-based, permanent civil service.

2. Appointment and promotion within the civil service shall be based upon merit, integrity, competence, and open competition.

3. Civil servants shall owe loyalty to this Charter and shall serve the public impartially.

4. No civil servant shall be required to act unlawfully.

5. A Public Service Commission shall supervise appointments, discipline, and standards of public administration.

PART V — THE LEGISLATURE​

Article 30 — Legislative Council

1. There shall be a legislature of Hong Kong known as the Legislative Council.

2. The Legislative Council shall possess the legislative authority of Hong Kong.

3. The Legislative Council shall be unicameral.

Article 31 — Composition

1. The Legislative Council shall consist of members elected for a term of four years.

2. The electoral system shall be established by law and shall secure: (a) universal and equal suffrage for a majority of seats; (b) fair representation of districts; (c) representation of functional, professional, commercial, labour, academic, and civic sectors; (d) proportionality so far as practicable; (e) transparency of campaign finance; and (f) independence of electoral administration.

3. Not less than two-thirds of the members of the Legislative Council shall be returned by universal suffrage.

4. Functional and professional representation shall not be used to nullify the political will of the general electorate.

5. The composition of the Legislative Council shall be reviewed every ten years by an independent Constitutional and Electoral Commission.

Article 32 — Powers of the Legislative Council

The Legislative Council shall have power to: (a) enact, amend, and repeal ordinances; (b) approve taxation; (c) approve public expenditure; (d) scrutinise the Government; (e) summon public officials to give evidence; (f) establish committees of inquiry; (g) approve public borrowing; (h) regulate elections; (i) protect public finance; (j) approve treaties, arrangements, or external economic agreements falling within Hong Kong’s competence; and (k) impeach the Chief Executive, judges, or principal officials in accordance with this Charter.

Article 33 — Legislative Procedure

1. A bill may be introduced by: (a) the Government; (b) a member of the Legislative Council; or (c) a committee of the Legislative Council.

2. Money bills may be introduced only with the consent of the Financial Secretary or as otherwise provided by law.

3. A bill shall become law when: (a) passed by the Legislative Council; (b) signed by the Chief Executive; and (c) published in the Gazette.

4. If the Chief Executive refuses to sign a bill, the bill shall be returned to the Legislative Council with reasons.

5. The Legislative Council may pass the bill again by a two-thirds majority, whereupon the Chief Executive shall sign it unless the Celestial Constitutional Court certifies that the bill is unconstitutional.

Article 34 — Budget and Public Finance

1. No tax shall be levied except by law.

2. No public money shall be spent except under appropriation by the Legislative Council.

3. The Government shall maintain the principles of: (a) fiscal prudence; (b) low and simple taxation where compatible with public need; (c) transparency; (d) sustainable public finance; and (e) protection of reserves.

4. A deficit budget may be adopted only where justified by economic conditions, public emergency, long-term investment, or social necessity.

5. The Audit Commission shall be independent and shall report directly to the Legislative Council.

Article 35 — Dissolution

1. The Chief Executive may dissolve the Legislative Council only where: (a) the Council has twice refused to pass a budget; (b) the Council has twice passed a bill which the Chief Executive has refused to sign on constitutional grounds; or (c) the Government is unable to command supply.

2. A dissolution shall require prior consultation with the Executive Council.

3. A general election shall be held within sixty days of dissolution.

4. The Legislative Council shall not be dissolved during a state of emergency unless the Celestial Constitutional Court certifies that dissolution is necessary to restore constitutional government.

PART VI — THE JUDICIARY​

Article 36 — Judicial Power

1. Judicial power in Hong Kong shall be vested in the courts of Hong Kong.

2. The courts shall adjudicate independently and shall be free from interference by the Chief Executive, the Government, the Legislative Council, the Celestial Government, public bodies, private persons, or any other authority.

3. Judges shall decide cases according to law, evidence, and conscience.

Article 37 — Court Structure

1. The courts of Hong Kong shall include: (a) the Court of Final Appeal; (b) the Court of Appeal; (c) the Court of First Instance; (d) the District Court; (e) Magistrates’ Courts; and (f) specialist courts and tribunals established by law.

2. The Court of Final Appeal shall be the final court of appeal for Hong Kong law.

3. No appeal shall lie from the Court of Final Appeal to any court of the Celestial Judicial Yuan, save in relation to constitutional questions within the jurisdiction of the Celestial Constitutional Court as provided by the Celestial Constitution and this Charter.

Article 38 — Court of Final Appeal

1. The Court of Final Appeal shall consist of: (a) the Chief Justice; (b) permanent judges; and (c) non-permanent judges appointed in accordance with law.

2. Distinguished judges from other common-law jurisdictions may be appointed as non-permanent judges, provided that they swear to uphold this Charter and judicial independence.

3. The presence of overseas common-law judges shall be regarded as an element of Hong Kong’s legal continuity and international confidence.

Article 39 — Appointment of Judges

1. Judges shall be appointed by the Chief Executive on the recommendation of an independent Judicial Officers Recommendation Commission.

2. The Commission shall include: (a) judges; (b) members of the legal profession; (c) persons of high public standing; and (d) not more than one representative of the Government.

3. Judicial appointments shall be based solely upon professional merit, integrity, independence, temperament, and learning in the law.

4. Political allegiance, commercial influence, family connection, or favour shall play no part in judicial appointment.

Article 40 — Tenure and Removal of Judges

1. Judges shall enjoy security of tenure.

2. A judge may be removed from office only for inability, serious misconduct, or breach of judicial duty.

3. Removal shall require: (a) investigation by an independent tribunal composed principally of senior judges; (b) a finding of cause; (c) approval by a two-thirds majority of the Legislative Council; and (d) formal removal by the Chief Executive.

4. No judge shall have remuneration reduced during tenure.

Article 41 — Jurisdiction over Constitutional Questions

1. Courts of Hong Kong may determine questions arising under this Charter.

2. Where a question concerns the compatibility of Hong Kong law with the Celestial Constitution, or the boundary between Hong Kong autonomy and Celestial authority, the Court of Final Appeal may refer the question to the Celestial Constitutional Court.

3. A reference to the Celestial Constitutional Court shall be confined to the constitutional question stated.

4. The Celestial Constitutional Court shall not determine questions of ordinary Hong Kong law, fact, evidence, procedure, contract, tort, property, criminal liability, or administrative law except insofar as strictly necessary to decide the constitutional question before it.

Article 42 — Legal Profession

1. The independence of the legal profession shall be guaranteed.

2. Barristers and solicitors shall be self-governing through their professional bodies, subject to law.

3. Every person shall have the right to consult and instruct a lawyer.

4. Legal professional privilege shall be inviolable except in cases of crime, fraud, or abuse of process determined by a court.

PART VII — RELATIONSHIP WITH THE CELESTIAL EMPIRE​

Article 43 — Allegiance and Autonomy

1. Hong Kong acknowledges the sovereignty of the Celestial Empire and the constitutional authority of the Dragon Throne.

2. The exercise of such sovereignty in Hong Kong shall be governed by the Celestial Constitution and this Charter.

3. Loyalty to the Celestial Empire shall not require the abandonment of Hong Kong’s common-law system, civil liberties, local identity, or lawful criticism of public authority.

Article 44 — Defence

1. Defence of Hong Kong shall be the responsibility of the Celestial Empire.

2. Celestial armed forces stationed in Hong Kong shall: (a) respect the laws of Hong Kong; (b) refrain from interference in local affairs; (c) remain subject to military discipline; and (d) act in aid of civil power only upon request of the Chief Executive and with legal authorisation, except in case of actual invasion or armed attack.

3. Military premises shall not be used for ordinary law enforcement.

Article 45 — Foreign Affairs

1. Foreign affairs shall be the responsibility of the Celestial Empire.

2. Hong Kong may, under the name “Hong Kong, Celestial Empire” or such other name as may be authorised by law: (a) participate in international economic organisations; (b) conclude trade, customs, taxation, investment, aviation, shipping, cultural, educational, sporting, and technical agreements; (c) maintain economic and trade offices abroad; (d) issue travel documents in accordance with law; and (e) participate in international arbitration and commercial regulatory bodies.

3. The Celestial Government shall consult Hong Kong before entering into any treaty materially affecting Hong Kong’s autonomy, economy, legal system, taxation, immigration, financial regulation, or external commercial relations.

Article 46 — Application of Celestial Laws

1. Celestial laws shall not apply in Hong Kong unless: (a) listed in a schedule to this Charter; (b) concerned exclusively with defence, foreign affairs, Celestial citizenship, or other matters outside Hong Kong’s autonomy; (c) applied by an ordinance of the Legislative Council; or (d) required by a final judgment of the Celestial Constitutional Court.

2. A Celestial law applied in Hong Kong shall be applied in a manner compatible with this Charter and the common-law system.

3. No Celestial administrative body shall exercise executive authority in Hong Kong except as expressly authorised by this Charter or by a law validly applied under this Article.

PART VIII — ECONOMIC AND FINANCIAL ORDER​

Article 47 — Capitalist System and Free Enterprise

1. Hong Kong shall maintain a capitalist economic system.

2. The freedom to conduct lawful business shall be protected.

3. The Government shall preserve: (a) free markets; (b) open competition; (c) freedom of contract; (d) the enforceability of commercial obligations; (e) the integrity of corporations and trusts; (f) transparent insolvency law; and (g) efficient commercial dispute resolution.

4. Public monopolies shall be established only by law and only where justified by public necessity.

Article 48 — Currency and Monetary Authority

1. Hong Kong shall maintain its own currency.

2. The Hong Kong Monetary Authority, or its lawful successor, shall be responsible for monetary stability, currency issuance arrangements, banking stability, and the integrity of the financial system.

3. The reserves of Hong Kong shall not be transferred to, appropriated by, or pledged for the debts of the Celestial Government without approval by a two-thirds majority of the Legislative Council.

4. Exchange control shall not be imposed except by law and only in a grave emergency.

Article 49 — Taxation

1. Hong Kong shall maintain an independent taxation system.

2. No Celestial tax shall be levied in Hong Kong unless: (a) expressly authorised by this Charter; (b) approved by the Legislative Council; and (c) imposed in respect of a matter outside Hong Kong’s fiscal autonomy.

3. Taxation shall be certain, lawful, proportionate, and non-confiscatory.

Article 50 — Public Revenue and Reserves

1. Public revenue raised in Hong Kong shall be used for the purposes of Hong Kong.

2. Hong Kong shall not be liable for the debts of the Celestial Government.

3. The Celestial Government shall not be liable for the debts of Hong Kong except by express agreement.

4. The fiscal reserves of Hong Kong shall be held in trust for the people of Hong Kong.

Article 51 — Free Port and Customs Territory

1. Hong Kong shall remain a free port.

2. Hong Kong shall be a separate customs territory.

3. The Region may maintain its own customs laws, tariffs, trade regulations, export control rules, port regulations, and trade remedies.

4. Goods, capital, data, services, and lawful payments shall move freely, subject only to law.

Article 52 — International Financial Centre

1. The Government shall maintain conditions necessary for Hong Kong to function as an international financial centre.

2. These conditions include: (a) judicial independence; (b) regulatory integrity; (c) transparent markets; (d) enforceable contracts; (e) protection of investors; (f) banking soundness; (g) anti-corruption enforcement; (h) professional independence; and (i) freedom of information consistent with law.

PART IX — PUBLIC ORDER, SECURITY, AND EMERGENCY​

Article 53 — Public Order

1. The maintenance of public order in Hong Kong shall be the responsibility of the Government of Hong Kong.

2. Policing shall be civilian, lawful, proportionate, accountable, and subject to judicial review.

3. The police shall not be used as an instrument of partisan, ideological, commercial, or personal power.

4. An independent Police Complaints Commission shall investigate serious misconduct by law enforcement officers.

Article 54 — Security Legislation

1. Hong Kong may enact laws concerning treason, secession by force, espionage, terrorism, sabotage, foreign interference, and protection of official secrets.

2. Such laws shall: (a) be precise and accessible; (b) require proof of intent or recklessness appropriate to the gravity of the offence; (c) protect lawful criticism, journalism, academic work, legal representation, religious activity, trade union activity, and peaceful political advocacy; (d) preserve the right to a fair trial; and (e) remain subject to judicial review.

3. No security law shall create an offence of mere disaffection, insult, peaceful dissent, or criticism of government.

Article 55 — Emergency Powers

1. A state of emergency may be declared in Hong Kong only in the event of war, invasion, armed insurrection, natural catastrophe, epidemic, financial collapse threatening public order, or other grave threat to the life of the Region.

2. A declaration of emergency shall be made by the Chief Executive after consultation with the Executive Council.

3. The declaration shall be laid before the Legislative Council within seven days.

4. The Legislative Council may revoke the declaration by simple majority.

5. An emergency declaration shall lapse after thirty days unless renewed by the Legislative Council.

6. Emergency measures shall be strictly necessary, proportionate, time-limited, and subject to judicial review.

7. No emergency measure shall derogate from: (a) human dignity; (b) the right not to be tortured; (c) the prohibition of slavery; (d) the principle of legality in criminal matters; (e) habeas corpus; (f) judicial independence; or (g) the prohibition against capital punishment and death-penalty exposure.

PART X — CULTURE, TRADITION, AND CIVIC LIFE​

Article 56 — Cultural Character of Hong Kong

1. Hong Kong shall preserve its Chinese, Cantonese, common-law, maritime, commercial, and international character.

2. The Government shall protect: (a) Cantonese language and opera; (b) traditional festivals; (c) temples, ancestral halls, clan associations, and charitable societies; (d) maritime heritage; (e) historic districts; and (f) public libraries, museums, archives, and cultural institutions.

3. Cultural preservation shall not be used to deny the rights of women, children, minorities, religious communities, migrants, or other persons.

Article 57 — Confucian Civic Ethics

1. The Government may promote public virtues traditionally associated with good order and humane government, including integrity, learning, respect, family responsibility, benevolence, public service, and trustworthiness.

2. Such promotion shall be educational and civic in character.

3. No person shall be punished for failing to conform to a moral or ritual norm unless their conduct violates a law compatible with this Charter.

4. The Mandate of Heaven shall be understood within Hong Kong as requiring just, honest, restrained, and people-centred government.

Article 58 — Pluralism

1. Hong Kong shall remain a plural society.

2. Persons of all lawful cultures, beliefs, languages, and ways of life may participate equally in public life.

3. The Government shall not require cultural uniformity as a condition of loyalty.

4. Loyalty to the Celestial Empire and attachment to Hong Kong’s local identity shall not be treated as inconsistent.

PART XI — ANTI-CORRUPTION AND GOOD ADMINISTRATION​

Article 59 — Clean Government

1. Public office is a public trust.

2. Corruption, bribery, abuse of office, illicit enrichment, and improper conflict of interest shall be serious offences.

3. Hong Kong shall maintain an independent anti-corruption commission.

4. The anti-corruption commission shall have power to investigate, prevent, and educate against corruption.

5. The commission shall be independent of the Government in its investigative functions.

Article 60 — Good Administration

1. Every person has the right to have their affairs handled lawfully, fairly, impartially, and within a reasonable time by public authorities.

2. Public authorities shall give reasons for decisions affecting rights, interests, licences, status, property, or legitimate expectations.

3. Administrative action shall be subject to judicial review.

4. An Ombudsman shall investigate maladministration and report publicly.

Article 61 — Access to Information

1. Every person has the right of access to information held by public authorities.

2. Access may be refused only where necessary for: (a) personal privacy; (b) legal privilege; (c) public security; (d) commercial confidentiality; (e) ongoing law enforcement; or (f) the effective conduct of public affairs.

3. Refusal shall be subject to independent review.

PART XII — LOCAL GOVERNMENT AND DISTRICTS​

Article 62 — District Administration

1. Hong Kong shall be divided into districts for purposes of local administration.

2. District councils shall be established by law.

3. District councils shall advise on local services, community welfare, environmental improvement, district facilities, and cultural affairs.

4. A substantial majority of district councillors shall be directly elected.

Article 63 — New Territories, Villages, and Customary Interests

1. Lawful customary rights and interests in the New Territories shall be respected.

2. Such rights and interests shall be subject to: (a) equality before the law; (b) the rights of women and children; (c) land law; (d) environmental protection; (e) public planning; and (f) anti-corruption law.

3. Traditional village institutions may continue where compatible with this Charter.

4. No custom shall prevail over a fundamental right.

PART XIII — AMENDMENT OF THIS CHARTER​

Article 64 — Ordinary Amendment

1. This Charter may be amended by an amendment bill passed by a two-thirds majority of all members of the Legislative Council.

2. An amendment shall require the assent of the Chief Executive.

3. The Chief Executive shall transmit the amendment to the Dragon Throne for Imperial Assent.

4. Imperial Assent shall not be refused except where the Celestial Constitutional Court certifies that the amendment is incompatible with the Celestial Constitution or with the constitutional status of Hong Kong.

Article 65 — Entrenched Provisions

1. No amendment shall abolish or substantially impair: (a) the autonomy of Hong Kong; (b) the common-law system; (c) judicial independence; (d) the Court of Final Appeal; (e) the rights and freedoms protected by this Charter; (f) the abolition of capital punishment and the prohibition against exposing any person to the death penalty, whether by extradition, surrender, transfer, deportation, expulsion, rendition, removal, or any analogous process; (g) the capitalist economic system; (h) the separate currency and fiscal system; (i) the free port; (j) the official status of Chinese and English; (k) the right of permanent residents to participate in elections; or (l) the jurisdiction of Hong Kong courts over Hong Kong law.

2. An amendment affecting any entrenched provision shall require: (a) a three-fourths majority of all members of the Legislative Council; (b) approval by referendum of permanent residents; (c) Imperial Assent; and (d) certification by the Celestial Constitutional Court.

PART XIV — TRANSITIONAL AND FINAL PROVISIONS​

Article 66 — Continuity of Laws

1. All laws in force in Hong Kong immediately before the commencement of this Charter shall continue in force unless and until amended, repealed, or declared unconstitutional.

2. Existing common law and rules of equity shall continue.

3. Existing rights, contracts, licences, judgments, offices, proceedings, and legal obligations shall not be affected by the commencement of this Charter except as provided by law.

Article 67 — Continuity of Institutions

1. The courts, public service, police, monetary authority, anti-corruption commission, universities, district institutions, professional bodies, and statutory corporations existing at the commencement of this Charter shall continue according to law.

2. Persons holding public office shall continue in office subject to this Charter.

3. Every public officer shall take an oath or affirmation to uphold this Charter and faithfully serve Hong Kong.

Article 68 — Oaths

1. The Chief Executive, principal officials, members of the Legislative Council, judges, magistrates, and senior public officers shall swear or affirm allegiance to the Celestial Empire and fidelity to this Charter.

2. The oath shall bind the office-holder to: (a) uphold the Celestial Constitution; (b) uphold this Charter; (c) preserve Hong Kong’s autonomy; and (d) serve the people honestly and without fear or favour.

3. No oath shall require ideological conformity beyond loyalty to the constitutional order.

Article 69 — Interpretation

1. This Charter shall receive a generous and purposive interpretation.

2. The courts shall have regard to: (a) the text and structure of this Charter; (b) the Celestial Constitution; (c) Hong Kong’s common-law tradition; (d) the need to preserve autonomy; (e) international human rights principles; and (f) the practical requirements of a free, orderly, and prosperous harbour city.

3. No ambiguity shall be resolved in favour of reducing rights, weakening judicial independence, or diminishing Hong Kong’s autonomy unless the language admits of no other construction.

Article 70 — Commencement

1. This Charter shall come into force upon publication in the Gazette of Hong Kong following Imperial Assent.

2. Upon commencement, this Charter shall be the supreme constitutional law of Hong Kong, subject only to the Celestial Constitution.

Article 71 — Final Clause

Hong Kong shall remain under the protection of the Dragon Throne, within the peace of the Celestial Empire, and under the law of its own courts.

Its harbour shall remain open, its courts independent, its people free under law, its commerce honest, its culture plural, and its government bound by the Mandate of Heaven as expressed through just administration and the welfare of the people.

Thus is this Constitutional Charter ordained for Hong Kong, that harmony may be preserved, liberty secured, and prosperity continued beneath Heaven.

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