Basic Law

Workshop Syllabus
(December 2020)

Objectives

The workshop aims to introduce the nature of the Basic Law of HKSAR and the
constitutional order established under the Basic Law. Participants are expected to acquire
the knowledge to analyse the unique doctrine of “One Country, Two Systems” and
understand the practical significance of the doctrine. It also enhances the understanding on
the constitutional doctrines and the relationship between central government and local
special administrative region, as well as identifies significant issues arising from the Basic
Law.

Intended Learning Outcomes

The workshop is designed to assist participants in the workshop to understand, analyse and
apply rules and principles. Participants should be able to understand the relationship among
various organs of government inter se and with PRC, as well as appreciate the interplay of
the political and legal principles underlying the Basic Law. More importantly, they are able
to comprehend how the Basic Law can be used to ensure Hong Kong’s prosperity and
stability within the existing political, economic, legal and social framework.

Keyword Syllabus

Constitutional Law, Basic Law, New Constitutional Order of HKSAR, Central and HKSAR
Relations, Checks and Balances, Executive-led Government, Principal Official
Accountability System, Legislative Power, Judiciary Power and Independence,
Fundamental Rights, Civil and Political Rights, Constitutional Interpretation, NPCSC and
Legislative Interpretation, Constitutional Amendment, Judicial Assistance, National
Security.

Detailed Syllabus

1. Concept of Constitution, Constitutional Law and Public Law (5 min)

2. Legitimacy of Basic Law (5 min)
3. Political Structure of HKSAR (5 min)
4. The Doctrine of “One Country Two Systems” and the Making of the Basic Law of
HKSAR (5 min)
5. The Basic Law under the Chinese Legal Hierarchy (5 min)
6. The Relationship between Central Authorities and the HKSAR (5 min)
7. Autonomous Regime (10 min)
8. Fundamental Rights (10 min)
9. National Security (10 min)

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10. Foreign Affairs and Defences (10 min)
11. Checks and Balance and Executive-led Government (10 min)
12. Principal Official Accountability (10 min)
13. Legislative Power and Election (10 min)
14. Judicial Independence (10 min)
15. Amendment of the Basic Law (10 min)
16. Interpretation of the Basic Law (10 min)
17. Judicial Assistance between HKSAR and the Mainland (10 min)
18. Leading constitutional cases of HKSAR (5gogolmin)
19. Comparison with Basic Law of Macau SAR (5 min)
20. Selected Issues: Right of Abode, Nationality of PRC, Bilingualism in SAR, Recent
Cases, etc (10 min)
21. Q and A (10 min)

Texts and Statutes

Sino-British Joint Declaration (1984)

The Basic Law of the HKSAR (1990) and Related Decisions
Hog Kong Reunification Ordinance (1997)
The Constitution of the PRC (1982)
International Covenant on Civil and Political Rights (1966)
International Covenant on Economic, Social and Cultural Rights (1966)
Bill of Rights Ordinance (1991)
Hong Kong National Security Law (2020)

Online Resources

http://www.gov.hk/en/residents/
http://www.judiciary.gov.hk/en/legal_ref/judgments.htm
www.legislation.gov.hk/eng/home.htm
www.legco.gov.hk/english/index.htm
http://www.doj.gov.hk/
http://www.npc.gov.cn/zgrdw/home/index.jsp
http://www.gov.cn/
www.lexisnexis.com/
www.westlaw.com
www.isinolaw.com/

Dr. Sunny Chiang

D.Phil. in law (Oxon)
International Arbitrator (CIArb)
Mediator (CIArb)