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Rose of Lima’s College

F.2 Life and Society 2021-2022
Module 7: Rights and Responsibilities of Citizens

Part 1: Rights and Responsibilities of Hong Kong citizens

7.1 Rights of Hong Kong residents
According to Chapter III of the Basic LaHong w, Kong residents can enjoy various rights. They include:
● Political rights
e.g. 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.
● Civil rights
e.g. Article 27: Hong Kong residents shall have (1) freedom of speech, of the (2) press and of publication; freedom
of (3) association, of (4) assembly, of (5) procession and of demonstration; and the right and freedom to (6) form
and join trade unions, and (7)to strike.
● Social rights
e.g. Article 33: Hong Kong residents shall have freedom of choice of occupation.
● Cultural rights
e.g. Article 34: Hong Kong residents shall have freedom to engage in (1) academic research, (2) literary and artistic
creation, and (3) other cultural activities.

7.2 Responsibilities of Hong Kong residents

1) Obey the law
The law is the tool for maintaining social order and protecting people’s rights. Therefore, we should obey the law.
2) Respect the rights of others
Every Hong Kong resident’s rights and freedom are protected by the law. When we enjoy our rights, we have to
respect the right of other people.
3) Be a good citizen
We have to consider the interests of the society as a whole, fulfill our responsibilities as a citizen and make
contributions to the society. For example:
● Monitor the government’s performance and express our opinions to the government;
● Protect our environment and reduce pollution;

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● Report crimes and help maintain public order.

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Part 2: Protection of rights by the principles of rule of law

The rule of law means that law overrides everything in the society and everyone has to obey the law. The rule of law can
restrict the government’s power and protect individual freedom and rights.

CLASS ACTIVITY
How can the rule of law protect the citizens’ rights?
Carefully study the following information and answer the questions.
Source A: Legal Aid Department (法律援助署) provides free or subsidized lawyer services for the needy
*Lodge an appeal:提出上訴

Source B: The judicial review (司法覆核) regarding the closure of facilities during pandemic
Hong Kong sports leaders call for judicial review into closure of facilities during pandemic
Following a rise in COVID-19 cases in July, the Hong Kong Government re-closed sport and recreation facilities.
Former Hong Kong Davis Cup tennis player and private sports club operator Andy Brothers led the call for a judicial
review. He argued that it was unfair sport facilities were made to close again, while other non-essential businesses
remained open. 
"We are advocating for the government to treat all businesses fairly and to consider the risks of specific businesses
staying open to that of the financial impact and livelihoods of closing them," Brothers said.  
Extracted from Local newspaper (integrated report), 21/8/2020

1. Which TWO methods that Hong Kong citizens can use to protect their individual’s right are shown in the
above information?
A (8)to lodge an appeal
 B (18)obtain legal advice through legal aid service

1. How can these two methods protect the rights of Hong Kong citizens?
A (10)Citizens can get legal advice and can express their thoughts and fight for their rights
through legal actions .It also helps them to voice their dissatisfaction and demands of the
government.

B (20)The judicial review is a way for the citizens to express their advice. The citizens have rights
to give comments to the government through the judicial review.

Know
ledge
The above analysis helps us understand that the rule of law needs the support of an appropriate system in order to
protect citizen’s rights.
Principle of rule of System backing Explanation
law up
Equality before the Legal aid2 and The government and the legal professional bodies provide free or subsidized
law 1
consultancy (補貼) legal aid and consultancy services for people who cannot afford them.
3
services This ensures that everyone can safeguard (保障) or fight for their own rights
through legal and judicial procedures4.
Judicial Independent According to the Basic Law7, Hong Kong enjoys independent jurisdiction
independence 5
judiciary 6
power8 and power of final adjudication (終審). The judiciary neither belongs
to the executive authorities (行政機關) nor has to be responsible for the
legislature (立法機關).
Protection of Law protecting The individual rights of Hong Kong residents, including basic human rights
individual rights9 individual (人權), civil rights (公民權利), political, economic, social and cultural rights,
rights10 are protected by the Basic Law and the law of Hong Kong.

Restrictions on Judicial review Citizen can apply to the court for a judicial review, in order to review
governmental system12 whether a government department’s policies or administrative procedures
power11 (行政程序) are legitimate (合法). This can prevent executive authorities
from violating (違反) the law and abusing (濫用) their power.

Case
Spouse of homosexual civil servants
to enjoy the same right as
heterosexual civil servants couple
1
Event
A civil servant who married his same-sex partner in New Zealand and
claimed that his husband should enjoy the same right as his colleagues’
spouse. The High Court ruled that the civil servant won the case.
Hong Kong’s appeal court overturned the judgment requiring the

10

11

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Male prisoner compulsory haircut
HKTV applied for free-to-air TV
license
government to grant the same spousal benefits by ruling that the
government has legitimate claim to protect Hong Kong marriage system.
The Court of Final Appeal ruled later that the government’s explanation
was not sound reason to reject a minority’s claim to a fundamental right.
Leung Kwok-hung was required to cut his symbolic longhair during his jail
term. He won the judicial review in High Court by claiming that it would be
discrimination to male prisoners to have compulsory haircut. In June 2017,
the Court of Appeal ruled that the prison rule was only following social
norm and not discriminatory so Leung was lost in the case. The Court of
Final Appeal decided to overturn the lower court’s decision in November
2020. The Court ruled that the practice has been discrimination on the
basis of sex.
The government denied HKTV application for free-to-air TV license. HKTV
called for judicial review in the High Court which ruled that the government
should consider the expectation of HKTV. The government appealed to the
Court of Appeal which ruled the government won the case.

How can the indigenous villagers be allowed

to build a house within the New Territories
village? It is unfair to other citizens! I have to
sue the government because all citizens
should enjoy equal rights.

With reference to Source A and your knowledge, how does Mr. Cheung’s action protect the rights of
Hong Kong citizens under the rule of law? Explain your answer. (5M)