Hong Kong Reunification Ordinance
| Law Number | Cap. A601 |
| Year | 2017 |
| Type of Document | Instrument |
An Ordinance to confirm the Bills passed by the Provisional Legislative Council before 1 July 1997, endorse the appointment of judges of the Court of Final Appeal and the Chief Judge of the High Court, assist the interpretation on and after 1 July 1997 of laws previously in force in Hong Kong, continue those laws and confirm certain other laws, establish the High Court, the District Court, magistracies and other courts, tribunals and boards, continue legal proceedings, the criminal justice system, the administration of justice and the course of public justice on and after 1 July 1997, continue the public service on and after 1 July 1997, assist the construction of certain documents on and after 1 July 1997, transfer the ownership of certain property and rights and provide for the assumption of certain liabilities on and after 1 July 1997, in consequence of the resumption of the exercise of sovereignty over Hong Kong by the People’s Republic of China, and for connected purposes.
Whereas—
The Joint Declaration of the Government of the People’s Republic of China and the Government of the United Kingdom of Great Britain and Northern Ireland on the Question of Hong Kong signed at Beijing on 19 December 1984 records the basic policies of the People’s Republic of China regarding Hong Kong;
The Basic Law of the Hong Kong Special Administrative Region of the People’s Republic of China promulgated by the President of the People’s Republic of China on 4 April 1990 provides for the implementation of the basic policies of the People’s Republic of China regarding Hong Kong in its political, executive, legislative, judicial, administrative, economic and social aspects while recognizing the role of the Central People’s Government of the People’s Republic of China in defence and foreign affairs in respect of the Hong Kong Special Administrative Region;
The Preparatory Committee for the Hong Kong Special Administrative Region of the People’s Republic of China, exercising powers delegated to it by the National People’s Congress of the People’s Republic of China, established the Provisional Legislative Council of the Hong Kong Special Administrative Region by resolution passed on 24 March 1996, inter alia, for the purpose of considering and passing legislation particularly in anticipation of the reunification and during the transition period immediately before and immediately after that event and for the proper administration of the Hong Kong Special Administrative Region including the confirmation of anticipatory acts done prior to 1 July 1997;
The National People’s Congress, in exercising its powers under Article 160 of the Basic Law on 23 February 1997, resolved which of the laws previously in force in Hong Kong are to be adopted as the valid laws of the Hong Kong Special Administrative Region and the principles on which those laws should be construed and adapted;
It is necessary to confirm certain acts, in particular the acts referred to in the long title to this Ordinance, done before the reunification and resumption of the exercise of sovereignty by the People’s Republic of China as valid acts, to provide for the continuation of the administration of justice and the public service and to provide for associated matters to ensure the continuity of the social order of Hong Kong,
Therefore this Ordinance is enacted by the Provisional Legislative Council.
This Ordinance may be cited as the Hong Kong Reunification Ordinance.
In this Ordinance, unless the context otherwise requires—
Basic Law (《 基本法 》) means the Basic Law of the Hong Kong Special Administrative Region of the People’s Republic of China;
HKSAR ( 特區 ) means the Hong Kong Special Administrative Region of the People’s Republic of China;
Provisional Legislative Council ( 臨時立法會 ) means the Provisional Legislative Council of the HKSAR;
public officer ( 公職人員 ), in relation to the period before 1 July 1997, includes the Governor, the Governor in Council and any employee of the Government of Hong Kong, and in relation to the period after 30 June 1997, includes the Chief Executive, the Chief Executive in Council and any employee of the Government of the HKSAR.
The Bills listed in Schedule 1 as passed by the Provisional Legislative Council before 1 July 1997 in anticipation of the reunification are confirmed and subject to the signing and promulgation thereof by the Chief Executive shall have the full force and effect of law.
The appointments listed in Schedule 2 are endorsed by the Provisional Legislative Council.
The Interpretation and General Clauses Ordinance (Cap. 1) is amended by adding—
“2A.Laws previously in force(1)All laws previously in force shall be construed with such modifications, adaptations, limitations and exceptions as may be necessary so as not to contravene the Basic Law and to bring them into conformity with the status of Hong Kong as a Special Administrative Region of the People’s Republic of China.(2)Without prejudice to the generality of subsection (1), in any Ordinance— (a)provisions relating to foreign affairs in respect of the Hong Kong Special Administrative Region which are inconsistent with any national law applied in the Hong Kong Special Administrative Region shall be construed subject to that national law and shall be so construed as to be consistent with the international rights and obligations of the Central People’s Government of the People’s Republic of China; (b)provisions conferring privileges on the United Kingdom or other Commonwealth countries or territories, other than provisions giving effect to reciprocal arrangements between Hong Kong and the United Kingdom or other Commonwealth countries or territories shall have no further effect; (c)provisions relating to the rights, exemptions and obligations of military forces stationed in Hong Kong by the United Kingdom shall, subject to the provisions of the Basic Law and the Garrison Law of the Hong Kong Special Administrative Region of the People’s Republic of China, continue to have effect and apply to the military forces stationed in the Hong Kong Special Administrative Region by the Central People’s Government of the People’s Republic of China; (d)provisions relating to the superior legal status of the English language as compared with the Chinese language shall be construed as providing that both the English and Chinese languages are to be official languages; and (e)provisions applying any English law may continue to be applicable by reference thereto as a transitional arrangement pending their amendment by the Hong Kong Special Administrative Region through the Legislature thereof, provided that they are not prejudicial to the sovereignty of the People’s Republic of China and do not contravene the provisions of the Basic Law. (3)In all laws previously in force words and...
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