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Question 1

What are the sources of Hong Kong Law? (4 points)

Answer 1

1. 1982 PRC Constitution and other national law
2. Hong Kong Basic Law and National Security Law
3. Sources of law under the Hong Kong Basic Law
4. Hong Kong Bill of Rights Ordinance (Cap.383)

Question 2

What are the sources of Hong Kong Law? (3 points)

Answer 2

5. Common Law
6. Customary Law
7. International Law

Question 3

1982 PRC Constitution and Other National Law

What power does Article 31 provides?

Answer 3

Article 31 provides for the establishment of the Special Administrative Regions.

Question 4

1982 PRC Constitution and Other National Law

What is the 1982 PRC Constitution?

Answer 4

The highest law in China.

Question 5

1982 PRC Constitution and Other National Laws

Which laws of Other National Laws is applicable to Hong Kong? Give four examples and further explain the fourth one.

Answer 5

Only those listed in the Hong Kong Basic Law Annex III by the National People’s Congress Standing Committee (NPCSC) will be applied to Hong Kong.

The four examples are:
1. Laws on National flag and National Emblem
2. Nationality Law
3. National Anthem
4. Law of the People’s Republic of China on safeguarding National Security in the HKSAR — The National Security Law.

Most National laws play very little role in the Hong Kong Legal system but with the enactment of the National Security Law on 30 June 2021, significant impact on the Hong Kong legal system can be seen.

Question 6

Hong Kong Basic Law and National Security Law

What is the Hong Kong Basic Law? (4 points)

Answer 6

1. The Basic Law as Hong Kong’s written constitutional document.
2. It come into effect on 1 July 1997
3. Preamble of the Hong Kong Basic Law
4. It is subjected to the interpretation of the National People’s Congress Standing Committee (NPCSC)

Question 7

Hong Kong Basic Law and National Security Law

What are the special points of this law? Give a case example.

Answer 7

1.