China > Constitutional law

China - Constitutional law - Law, Act

Legislation Law of the People's Republic of China (2023 Amendment) (¿¿¿¿¿¿¿¿¿¿(2023¿¿) ) -

Adoption: 2023-03-13 | Date of entry into force: 2023-03-15 | CHN-2023-L-114631

Table of Contents
Chapter I: General Provisions.
Chapter II: Laws.
Section 1: Legislative Power.
Section 2: Legislative Procedures for the National People's Congress.
Section 3: Legislative Procedures for the Standing Committee of the National People's Congress.
Section 4: Interpretations of Laws.
Section 5: Other Provisions.
Chapter III: Administrative Regulations.
Chapter IV: Local Regulations, Autonomous Regulations, Separate Regulations and Rules.
Section 1: Local Regulations, Autonomous Regulations and Separate Regulations.
Section 2: Rules.
Chapter V: Application and Recordation Review .
Chapter VI: Supplementary Provisions .

China - Constitutional law - Law, Act

Annex II to the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China Concerning Method for the Formation of the Legislative Council of the Hong Kong Special Administrative Region and Its Voting Procedures (2021 Revision) (No. 75 of 2021). -

Adoption: 2021-12-31 | CHN-2021-L-111286

China - Constitutional law - Law, Act

Annex I to the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China Concerning Method for the Selection of the Chief Executive of the Hong Kong Special Administrative Region (2021 Revision) (No. 75 of 2021). -

Adoption: 2021-03-31 | CHN-2021-L-111285

Provides that the Chief Executive is to be elected in accordance with the Basic Law by an Election Committee which is broadly representative, suited to the actual situation of the Hong Kong Special Administrative Region (HKSAR), and represents the overall interests of society, and shall be appointed by the Central People's Government (Article 1).

China - Constitutional law - Law, Act

Decision of the National People's Congress on Improving the Electoral System of the Hong Kong Special Administrative Region. (¿¿¿¿¿¿¿¿¿¿¿¿¿¿¿¿¿¿¿¿¿¿¿¿¿¿ [¿¿¿¿]) -

Adoption: 2021-03-11 | CHN-2021-L-111248

The decision has nine articles:
- Improving the electoral system of the HKSAR must fully and faithfully implement the policy of "one country, two systems" under which the people of Hong Kong administer Hong Kong with a high degree of autonomy, uphold the constitutional order in the HKSAR as established by the Constitution and the Basic Law, ensure the administration of Hong Kong by Hong Kong people with patriots as the main body, effectively improve the governance efficacy of the HKSAR, and safeguard the right to vote and the right to stand for election of permanent residents of the HKSAR.

- The HKSAR shall establish an Election Committee which is broadly representative, suited to the HKSAR's realities, and representative of the overall interests of its society. The Election Committee shall be responsible for electing the Chief Executive designate and part of the members of the LegCo. The Election Committee shall also be responsible for nominating candidates for the Chief Executive and LegCo members, as well as for other matters. The Election Committee shall be composed of 1,500 members from the following five sectors: industrial, commercial and financial sectors; the professions; grassroots, labour, religious and other sectors; LegCo members and representatives of district organizations; Hong Kong deputies to the NPC, Hong Kong members of the National Committee of the Chinese People's Political Consultative Conference and representatives of Hong Kong members of related national organizations.

- The Chief Executive shall be elected by the Election Committee and appointed by the Central People's Government. Candidates for the office of the Chief Executive shall be nominated jointly by not less than 188 members of the Election Committee, among whom the number of members of each sector should be not less than 15. The Election Committee shall elect the Chief Executive designate by secret ballot on a one-person-one-vote basis. The election of the Chief Executive designate shall require a simple majority vote of all the members of the Election Committee.

- The LegCo of the HKSAR shall be composed of 90 members in each term. Members of the LegCo shall include members returned by the Election Committee, those returned by functional constituencies, and those by geographical constituencies through direct elections.

- A candidate qualification review committee of the HKSAR shall be established. The committee shall be responsible for reviewing and confirming the qualifications of candidates for the Election Committee members, the Chief Executive, and the LegCo members. The HKSAR shall improve the system and mechanisms related to qualification review, to ensure that the qualifications of candidates are in conformity with the Basic Law, the Law on Safeguarding National Security in the HKSAR, the NPC Standing Committee's interpretation of Article 104 of the Basic Law, the NPC Standing Committee's decision on the qualification of HKSAR LegCo members, and provisions of relevant local laws of the HKSAR.

- The NPC Standing Committee is authorized to, in accordance with the decision on improving the electoral system of the HKSAR, amend Annex I: Method for the Selection of the Chief Executive of the Hong Kong Special Administrative Region and Annex II: Method for the Formation of the Legislative Council of the Hong Kong Special Administrative Region and Its Voting Procedures, to the Basic Law.

- In accordance with the decision and the Basic Law's Annex I and Annex II amended by the NPC Standing Committee, the HKSAR shall amend relevant local laws, and organize and regulate election activities accordingly.

- The Chief Executive of the HKSAR shall submit in a timely manner reports to the Central People's Government on relevant important situations including the institutional arrangements for elections of the HKSAR and the organization of the elections.

- The decision shall go into effect as of the date of promulgation.

China - Constitutional law - Law, Act

Decision of the Standing Committee of the National People's Congress to Expand the List of National Laws in Annex III to the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China (2020). (¿¿¿¿¿¿¿¿¿¿¿¿¿¿¿¿¿«¿¿¿¿¿¿¿¿¿¿¿¿¿¿¿¿¿»¿¿¿¿¿¿¿¿¿¿¿¿¿(2020)) -

Adoption: 2020-06-30 | CHN-2020-L-111288

Provides that the Law of the People's Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region shall be added to Annex III to the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China, and be issued and implemented locally by the Hong Kong Special Administrative Region.

China - Constitutional law - Regulation, Decree, Ordinance

Decision of the National People's Congress on Establishing and Improving the Legal System and Enforcement Mechanisms for the Hong Kong Special Administrative Region to Safeguard National Security. (¿¿¿¿¿¿¿¿¿¿¿¿¿¿¿¿¿¿¿¿¿¿¿¿¿¿¿¿¿¿¿¿¿¿¿¿¿¿¿¿ [¿¿¿¿]) -

Adoption: 2020-05-28 | CHN-2020-R-110072

The Decision contains seven sections. The first section provides that the Chinese Central government will upholds implement the policies of "one country, two systems," "Hong Kong people governing Hong Kong," but will take necessary measures to establish and improve the legal system and enforcement mechanisms for the Hong Kong Special Administrative Region to protect national security, and prevent, stop, and punish acts and activities that endanger national security according to the law. Sections 2 provides that the government will prevent, stop and punish the exploitation of Hong Kong by foreign and overseas forces for secession, subversion, infiltration, and sabotage activities in accordance with the law. The following sections set out the responsibilities and duties of the Hong Kong Special Administrative Region with respect to national security.

China - Constitutional law - Law, Act

Interpretation of Article 104 of the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China by the Standing Committee of the National People's Congress. -

Adoption: 2016-11-07 | CHN-2016-L-103943

China - Constitutional law - Law, Act

Organic Law of the Villagers' Committees of the People's Republic of China (2010 Revision) (Orderoc of the President of the PRC No. 37). -

Adoption: 2010-10-28 | Date of entry into force: 1998-11-11 | CHN-2010-L-96137

Chapter I - General Provisions
Chapter II - Composition and Duties of the Villagers' Committees
Chapter III - Election of the Villagers' Committees
Chapter IV - Villagers' Assembly and Villagers' Representatives assembly
Chapter V - Democratic Management and Democratic Supervision
Chapter VI - Supplementary Provisions

China - Constitutional law - Law, Act

Electoral Law of the People's Republic of China for the National People's Congress and Local People's Congresses (2010 Amendment) [Revised]. (¿¿¿¿¿¿¿¿¿¿¿¿¿¿¿¿¿¿¿¿¿¿¿¿¿¿¿¿¿(2010¿¿) [¿¿¿¿]) -

Adoption: 2010-04-13 | CHN-2010-L-110747

China - Constitutional law - Constitution

Additional Articles of the Constitution of the Republic of China.

Adoption: 1994-08-01 | CHN-1994-C-44037

Adopted by the fourth extraordinary session of the Second National Assembly on 28 July 1994. The Articles 1 to 3 govern election and powers of the National Assembly, the President and the Vice President, and the Legislative Yuan; Articles 4-8 concern the judiciary, remuneration of members of the National Assembly and Legislative Yuan, and the powers of local governments. Article 9 states that the state shall give equal consideration to ecological protection with economic development; manage government-run financial organizations in line with the principles of business administration; provide universal health insurance; protect the dignity of women by eliminating sexual discrimination; safeguard the rights of the disabled, including through the provision of employment assistance; and protect the rights of aborigines.

China - Constitutional law - Constitution

Presidential Decree Promulgating Macao Basic Law

Adoption: 1993-03-31 | Date of entry into force: 1999-12-20 | CHN-1993-C-33778

This Constitution is comprised of 9 Chapters and three Annexes, including provisions concerning the government's constitutional structure, the relationship between China and Macao, fundamental rights and obligations of residents, the political structure, the economy, and social and cultural affairs. It will take effect on 20 December 1999, when China assumes sovereignty over Macao pursuant to the joint declaration between the Government of China and Portugal dated 13 April 1987.

China - Constitutional law - Law, Act

Ley Básica de la Región Administrativa Especial de Macao de la República Popular China.

Adoption: 1993-03-31 | Date of entry into force: 1999-12-20 | CHN-1993-L-61038

Contempla, entre otros aspectos, principios generales, relaciones entre las autoridades centrales y la región administrativa especial de Macao, derechos y deberes fundamentales de los residentes, estructura política, economía, cultura y asuntos sociales y asuntos externos.

China - Constitutional law - Constitution

Constitution Amendments, 1993.

Adoption: 1993-03 | CHN-1993-C-37818

Art. 15 declares that the State shall put into practice a socialist market economy, instead a planned economy as stipulated in the 1982 Constitution. Recognizes the separation of ownership and management in state enterprises, by changing the term "state economy" or "state enterprises" to "state owned economy" or "state-owned enterprises". The wording of "rural people's communes and agricultural producers" is changed to "the responsability system, the main form of which is household contracts linking remuneration to output" (Art. 8), and the term of office for the people's congress at the county level is extendend from three to five years (Art. 98).

China - Constitutional law - Law, Act

Ley núm. 13/90, de 10 de mayo de 1990, por la que se modifica el estatuto orgánico de Macao. -

Adoption: 1990-05-10 | CHN-1990-L-20431

Texto también publicado en el Boletim Oficial de Macao (ISN= 9751).

China - Constitutional law - Law, Act

Basic Law of the Hong Kong Special Administrative Region of the People's Republic China. -

Adoption: 1990-04-04 | Date of entry into force: 1997-07-01 | CHN-1990-L-21637

Adopted by the Seventh National People's Congress pursuant to the Joint Declaration signed by the Chinese and British Governments on 19 December 1984 with a view to the transfer of sovereignty over Hong Kong on 1 July 1997. Chapter I grants Hong Kong "a high degree of autonomy" and makes various provisions for its administrative status; Chapter II governs the relationship between the central authorities and the Hong Kong Special Administrative Region; Chapter III contains provisions for the fundamental rights and duties of residents; Chapter IV is devoted to the political structure, government, legislature and judiciary of the region, with a special section (arts. 99-103) on public servants; Chapter V is concerned with economic matters (public finance, monetary affairs, trade, industry, land leases, shipping, civil aviation); Chapter VI covers labour and social services, education, science, culture, sports and religion; and Chapters VII, VIII and IX, external affairs, interpretation and amendment of the Basic Law, and supplementary provisions, respectively. Certain procedural and legislative matters are taken up in three annexes. The basic law was promulgated by Decree No. 26 of the President of the PRC, dated 1990-04-04.

China - Constitutional law - Law, Act

The Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China. -

Adoption: 1990-04-04 | Date of entry into force: 1997-07-01 | CHN-1990-L-103944

China - Constitutional law - Constitution

Ley constitucional núm. 1/89 (segunda revisión de la Constitución). -

Adoption: 1989-07-08 | CHN-1989-C-8454

En las págs. 4529 a 4572 contiene la Constitución en su tenor completo modificado. Disponible en anglais.

China - Constitutional law - Constitution

Amendment to the Constitution of the People's Republic of China

Adoption: 1988-04-12 | CHN-1988-C-37835

Two amendments were made to Art. 10 and Art. 11 of the 1982 Constitution. These two amendments allow the development of the private sector of the economy and transfer of the use of land. Disponible en anglais.

China - Constitutional law - Law, Act

Rules of Procedure for the Standing Committee of the National People's Congress of the People's Republic of China

Adoption: 1987-11-24 | CHN-1987-L-37836

China - Constitutional law - Constitution

Amendment to the Constitution of the People's Republic of China, 1999.

Adoption: 1985 | Date of entry into force: 1999-03-15 | CHN-1985-C-56767

Amends 1982 Constitution for the third time, providing several minor changes relating to the growing private sector of the economy. Art. 17 alters the wording of the constitutional provision that governs suppression of "counterrevolutionary activities", or "criminal activities that endanger national security".

China - Constitutional law - Constitution

Constitution of the People's Republic of China. (¿¿¿¿¿¿¿¿¿) -

Adoption: 1982-12-04 | CHN-1982-C-14753

Chap. II: The Fundamental Rights and Duties of Citizens. Disponible en anglais.

China - Constitutional law - Constitution

Constitution of the Republic of China.

Adoption: 1947-01-01 | Date of entry into force: 1947-12-25 | CHN-1947-C-44036

Chapter II sets forth rights and duties of the people. All citizens are equal before the law irrespective of sex, religion, race, class or party affiliation (Art. 7). Also provides freedom of movement, speech, privacy, religion, and the right to work (Art. 15). Chapter III covers the National Assembly; Chapter IV the Office of the President; Chapter V the Administration; Chapter VI the Legislature, and Chapter VII the Judiciary. In addition, Chapter VIII establishes an "Examination Yuan" in charge of matters relating to examination, employment, and social security benefits of public employees. Fundamental National Policies are outlined in Chapter XIII. Inter alia, the national economy shall seek to effect equalization of land ownership and restriction of private capital (Art. 142), the state shall provide opportunities for work (Art. 152), and it shall provide labour protection, especially for women and children (Art. 153). Furthermore, the state shall provide social security and public health care. English and Chinese texts available.