Hong Kong: Promulgation of National Laws 1997, Cap 1554
| Publisher | National Legislative Bodies / National Authorities |
| Publication Date | 1 July 1997 |
| Cite as | Hong Kong: Promulgation of National Laws 1997, Cap 1554 [Hong Kong (Special Administrative Region of China)], 1 July 1997, available at: http://www.refworld.org/docid/3ae6b5190.html [accessed 21 September 2016] |
| Comments | This is the official text. |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
WHEREAS Article 18 of the Basic Law of the Hong Kong Special Administrative Region provides that the national laws listed in Annex III thereto shall be applied locally by way of promulgation or legislation by the Region:
NOW THEREFORE I, TUNG Chee-hwa, the Chief Executive of the Hong Kong Special Administrative Region give notice that the national laws as set out in the Schedules shall apply in the Hong Kong Special Administrative Region.
Schedule: 1
RESOLUTION ON THE CAPITAL, CALENDAR, Date: NATIONAL ANTHEM AND THE NATIONAL FLAG OF THE PEOPLE'S REPUBLIC OF CHINA
Adopted at the First Plenary Session of the Chinese People's Political Consultative Conference on September 27, 1949
1.It is unanimously adopted that Beiping shall be the capital of the People's Republic of China and shall be renamed Beijing beginning from today.
2.It is unanimously adopted that the Gregorian calendar shall be used as the chronological system in the People's Republic of China. This year is nineteen forty-nine.
3.It is unanimously adopted that before the official national anthem of the People's Republic of China is composed, the March of the Volunteers shall be used as the national anthem.
4.It is unanimously adopted that the national flag of the People's Republic of China shall be a flag with five stars on a field of red, symbolizing the great unity of the revolutionary Chinese people.
Schedule: 2
RESOLUTION ON THE NATIONAL DAY OF THE PEOPLE'S REPUBLIC OF CHINA
(Adopted at the Fourth Meeting of the Central People's Administration Council on December 2, 1949)
At its First Session held on October 9, 1949, the First National Committee of the Chinese People's Political Consultative Conference adopted the proposal "Requesting the Government formally to Make October the First the National Day of the People's Republic of China to replace the Old National Day Which Falls on October the Tenth" and submitted it to the Central People's Government for adoption and implementation. Believing that the proposal submitted by the first National Committee of the Chinese People's Political Consultative Conference conforms to the reality of history and represents the will of the people, the Central People's Administration Council decides to adopt it. The Central People's Administration Council hereby proclaims: Beginning from 1950, October the first, the great day on which the People's Republic of China proclaims its founding, shall be the day on which the founding of the People's Republic of China shall be celebrated every year. Schedule: 3
DECLARATION OF THE GOVERNMENT OF THE Date: PEOPLE'S REPUBLIC OF CHINA ON THE TERRITORIAL SEA
(Approved by the 100th Session of the Standing Committee of the National People's Congress on 4th September, 1958)
The People's Republic of China hereby announces G
(1)The width of the territorial sea of the People's Republic of China is twelve national miles. This provision applies to all Territories of the People's Republic of China, including the mainland China and offshore islands, Taiwan (separated from the mainland and offshore islands by high seas) and its surrounding is islands, the Penghu Archipelago, the Dongsha Islands, the Xisha Islands, the Zhongsha Islands, the Nansha islands and other islands belonging to China.
(2)The straight lines linking each basic pint at the mainland's coasts and offshore outlying islands are regarded as base lines of the territorial sea of the mainland China and offshore islands. The waters extending twelve nautical miles away from the base lines are China's territorial sea. The waters inside the base lines, including Bohai Bay and Giongzhou Strait, are China's inland sea. The islands inside the base lines, including Dongyin Island, Gaodeng Island, Mazu Island, Baiquan Island, Niaoqin Island, big and Small Jinmen Island, Dadam Island, Erdan island and Dongding Island, are China's inland sea islands.
(3)Without the permit of the government of the People's Republic of China all foreign aircrafts and military vessels shall not be allowed to enter China's territorial sea and the sky above the territorial sea. Any foreign vessel sailing in China's territorial sea must comply with the relevant orders of the government of the People's Republic of China.
(4)The above provisions (2) and (3) also apply to Taiwan and its surrounding islands, the Penghu Islands, the Dongsha Islands, the Xisha Islands, the Zhongsha Islands, the Nansha Islands and other islands belonging to China. Taiwan and Penghu are still occupied with force by the USA. This is an illegality violating the People's Republic of China's territorial integrity and sovereignty. Taiwan and Penghu are waiting for recapture. The People's Republic of China has rights to take all appropriate measures to recapture these places in due course. It is China's internal affairs which should not be interfered by any foreign country.
Schedule: 4
NATIONAL LAW OF THE PEOPLE'S REPUBLIC OF CHINA
(Adopted at the Third Session of the Fifth National People's Congress, promulgated by Order No. 8 of the Chairman of the Standing Committee of the National People's Congress and effective as of September 10, 1980)
Article 1
This Law is applicable to the acquisition, loss and restoration of nationality of the People's Republic of China.Article 2
The People's Republic of China is a unitary multinational state; persons belonging to any of the nationalities in China shall have Chinese nationality.Article 3
The People's Republic of China does not recognize dual nationality for any Chinese national.Article 4
Any person born in China whose parents are both Chinese nationals or one of whose parents is a Chinese national shall have Chinese nationality.Article 5
Any person born abroad whose parents are both Chinese nationals or one of whose parents is a Chinese national shall have Chinese nationality. But a person whose parents are both Chinese nationals and have both settled abroad, or one of whose parents is a Chinese national and has settled abroad, and who has acquired foreign nationality at birth shall not have Chinese nationality.Article 6
Any person born in China whose parents are stateless or of uncertain nationality and have settled in China shall have Chinese nationality.Article 7
Foreign nationals or stateless persons who are willing to abide by China's Constitution and laws and who meet one of the following conditions may be naturalized upon approval of their applications;(1)they are near relatives of Chinese nationals;
(2)they have settled in China; or
(3)they have other legitimate reasons.
Article 8
Any person who applies for naturalization as a Chinese national shall acquire Chinese nationality upon approval of his application; a person whose application for naturalization as a Chinese national has been approved shall not retain foreign nationality.Article 9
Any Chinese national who has settled abroad and who has been naturalized as a foreign national or has acquired foreign nationality of his own free will shall automatically lose Chinese nationality.Article 10
Chinese nationals who meet one of the following conditions may renounce Chinese nationality upon approval of their applications:(1)they are near relatives of foreign nationals;
(2)they have settled abroad; or
(3)the have other legitimate reasons.
Article 11
Any person who applies for renunciation of Chinese nationality shall lose Chinese nationality upon approval of his application.Article 12
State functionaries and military personnel on active service shall not renounce Chinese nationality.Article 13
Foreign nationals who once held Chinese nationality may apply for restoration of Chinese nationality if they have legitimate reasons; those whose applications for restoration of Chinese nationality have been approved shall not retain foreign nationality.Article 14
Persons who wish to acquire, renounce or restore Chinese nationality, with the exception of the cases provided for in Article 9, shall go through the formalities of application. Application of persons under the age of 18 may be filed on their behalf by their parents or other legal representatives.Article 15
Nationality applications at home shall be handled by the public security bureaus of the municipalities or counties where the applicants reside; nationality applications abroad shall be handled by China's diplomatic representative agencies and consular offices.Article 16
Applications for naturalization as Chinese nationals and for renunciation or restoration of Chinese nationality are subject to examination and approval by the Ministry of Public Security of the People's Republic of China. The Ministry of Public Security shall issue a certificate to any person whose application has been approved.Article 17
The nationality status of persons who have acquire or lost Chinese nationality before the promulgation of this Law shall remain valid.Article 18
This Law shall come into force as of the date of its promulgation. Remarks: Concerning the questions of the implementation of this Law in the Hong Kong Special Administrative Region, the Standing Committee of the National People's Congress has made certain explanations. Please refer to the "Explanations of some questions by the Standing Committee of the National People's Congress concerning the implementation of the Nationality Law of the People's Republic of China in the Hong Kong Special Administrative Region "adopted by the Standing Committee of the National People's Congress on 15 May 1996.Schedule: 5
REGULATIONS OF THE PEOPLE'S REPUBLIC OF CHINA CONCERNING DIPLOMATIC PRIVILEGES AND IMM UNITIES
(Adopted at the 17th Meeting of the Standing Committee of Sixth National People's Congress, promulgated by order No. 44 of the President of the People's Republic of China and effective as of September 5, 1986)
Article 1
The present Regulations are formulated for the purpose of defining the diplomatic privileges and immunities of the diplomatic missions in China and their members and facilitating the efficient performance of the functions of the diplomatic missions in China as representing States.Article 2
The members of the diplomatic staff of a mission shall in principle be of the nationality of the sending State. They may be appointed from among persons of Chinese or third-state nationality only with the consent of the competent Chinese authorities, which may be withdrawn at any time by the said authorities.Article 3
The mission and its head shall have the right to use the flag and emblem of the sending State on the premises of the mission and on the means of transport of the head of the mission.Article 4
The premises of the mission shall be inviolable. Chinese government functionaries may enter them only with the consent of the head of the mission or another member of the mission authorized by him. The Chinese authorities concerned shall take appropriate measures to protect the premises of the mission against any intrusion or damage. The premises of the mission, their furnishings and other property thereon and the means of transport of the mission shall be immune from search, requisition, attachment or execution.Article 5
The premises of the mission shall be exempt from dues and taxes, other than such as represent payment for specific services rendered. The fees and charges levied by the mission in the course of its official duties shall be exempt from all dues and taxes.Article 6
The archives and documents of the mission shall be inviolable.Article 7
The members of the mission shall enjoy freedom of movement and travel within Chinese territory except for areas the entry into which is prohibited or restricted by the regulations of the Chinese Government.Article 8
The mission may for official purposes communicate freely with the Government and the other missions and consulates of the sending State. In so doing, it may employ all appropriate means, including diplomatic couriers, diplomatic bag, and messages in code or cipher.Article 9
The mission may install and use a wireless transmitter-receiver for the purpose of communication only with the consent of the Chinese Government. The import of the above-mentioned equipment shall be subject to the relevant procedure as specified by the Chinese Government.Article 10
The official correspondence of the mission shall be inviolable. The diplomatic bag shall not be opened or detained. The diplomatic bag may contain only diplomatic papers or articles intended for official use and must be sealed and bear visible external marks of its contents.Article 11
The diplomatic courier shall be provided with a courier certificate issued by the competent authorities of the sending State. He shall enjoy personal inviolability and shall not be liable to arrest or detention. Diplomatic couriers ad hoc shall be provided with certificates of courier ad hoe issued by the competent authorities of the sending State, and shall enjoy the same immunities as the diplomatic courier while charged with the carrying of the diplomatic bag. A diplomatic bag may be entrusted to the captain of a commercial aircraft. He shall be provided with an official document issued by the consigner state indicating the number of packages constituting the bag, but he shall not be regarded as a diplomatic courier. The mission shall send its members to receive the diplomatic bag from the captain of the aircraft or deliver it to him.Article 12
The person of a diplomatic agent shall be inviolable. He shall not be liable to arrest or detention. The Chinese authorities concerned shall take appropriate measures to prevent any attack on his personal freedom and dignity.Article 13
The residence of a diplomatic agent shall enjoy inviolability and protection. His papers, correspondence and, except as provided in Article 14, his property, shall be inviolable.Article 14
A diplomatic agent shall enjoy immunity from criminal jurisdiction. He shall also enjoy immunity from civil and administrative jurisdiction, except in the case of:(1)an action relating to succession in which he is involved as a private person;
(2)an action relating to any professional or commercial activity conducted by him in China outside his official functions in violation of paragraph 3 of Article 25.
No measures of execution shall be taken in respect of a diplomatic agent except in cases coming under the preceding paragraphs of this Article, where the measures of execution do not constitute any violations of his person and residence. A diplomatic agent is not obliged to give evidence as a witness.Article 15
The immunity from jurisdiction of diplomatic agents and of persons enjoying immunity under Article 20 may be waived through explicit expression by the Government of the sending State. The initiation of proceedings by a diplomatic agent or by a person enjoying immunity from jurisdiction under Article 20 shall preclude him from invoking immunity from jurisdiction in respect of any counter-claim directly connected with the claim. Waiver of immunity from civil or administrative Jurisdiction shall not imply waiver of immunity in respect of the execution of the judgment, for which a separate and explicit waiver shall be necessary.Article 16
A diplomatic agent shall be exempt from all dues and taxes, except:(1)dues and taxes of a kind which are normally incorporated in the price of goods or services;
(2)estate, succession or inheritance duties, except for the movable property in China of a deceased diplomatic agent;
(3)dues and taxes on private income having its source in China;
(4)charges levied for specific services rendered.
Article 17
Diplomatic agents shall be exempt from all personal and public services as well as military obligations.Article 18
Imported articles for the official use of the mission and those for the personal use of a diplomatic agent shall, in accordance with the relevant regulations of the Chinese Government, be exempt from customs duties and all other related dues and taxes. The personal baggage of a diplomatic agent shall be exempt from inspection, unless the competent Chinese authorities have serious grounds for presuming that it contains articles not covered by the exemptions specified in the previous paragraph, or articles the import or export of which is prohibited by Chinese laws and government regulations or controlled by the quarantine law and regulations. Such inspection shall be conducted in the presence of the diplomatic agent or of his authorized representative.Article 19
The diplomatic missions and their members may bring and import firearms and bullets into China for their personal use, subject to the approval of the Chinese Government and to its relevant regulations.Article 20
The spouse and under-age children of a diplomatic agent forming part of his household shall, if they are not nationals of China, enjoy the privileges and immunities specified in Article 12 to 18. The members of the administrative and technical staff of the mission, together with their spouses and under-age children forming part of their respective households, shall, if they are not nationals or permanent residents of China, enjoy the privileges and immunities specified in Article 12 to 17. However the immunity from civil and administrative jurisdiction shall be confined to acts performed in the course of official duties. The members of the administrative and technical staff shall also enjoy the privilege of exemption from dues and taxes specified in paragraph one of Article 18 in respect of articles intended for their establishment which are imported within six months of the time of installation. The members of the service staff of the mission who are not nationals or permanent residents of China shall enjoy immunity in respect of acts performed in the course of official duties and exemption from income tax on the emoluments they receive by reason of their employment. They shall enjoy the privilege of exemption from dues and taxes as specified in paragraph one of Article 18 of the present Regulations in respect of articles intended for their establishment which are imported within six months of the time of installation. The private attendants of members of the mission shall, if they are not nationals of permanent residents of China, be exempt from income tax on the emoluments they receive by reason of their employment.Article 21
Diplomatic agents who are nationals of China or foreigners having obtained permanent residence in China shall enjoy immunity from jurisdiction and inviolability only in respect of acts performed in the course of official duties.Article 22
The following persons shall enjoy immunity and inviolability necessary for their transit through or sojourn in China.(1)a diplomatic agent stationed in a third State who passes through China together with his souse and underage children forming part of his household;
(2)a visiting foreign official who has obtained a diplomatic visa from China or who holds a diplomatic passport of a State with which China has an agreement on the mutual exemption of visas;
(3)other visiting foreigners to whom the Chinese Government has granted the privileges and immunities specified in the present Article.
The provisions of Articles 10 and 11 shall apply, mutatis mutandis, to a diplomatic courier of a third State passing through China and his accompanying diplomatic bag.Article 23
Visiting heads of State or government, foreign ministers and other officials of comparable status from foreign States shall enjoy the privileges and immunities specified in the present Regulations.Article 24
Representatives of foreign State coming to China to attend international conferences sponsored by the United Nations or its specialized agencies, visiting officials and experts of the United Nations and its specialized agencies, and offices of the United Nations and its specialized agencies in China and their personnel shall enjoy such treatment as specified in the relevant international conventions to which China has acceded and agreements which China has concluded with the international organizations concerned.Article 25
Persons enjoying diplomatic privileges and immunities under the present Regulations shall:(1)respect Chinese laws and regulations;
(2)not interfere in the internal affairs of China;
(3)not practise for personal profit any professional or commercial activity on Chinese territory;
(4)not use the premises of the mission and the residence of the members of the staff of the mission for purposes incompatible with the functions of the mission.
Article 26
In case the diplomatic privileges and immunities accorded by a foreign State to the Chinese mission and its members in that State and to visiting Chinese personnel concerned are fewer than those China would give under the present Regulations to the mission of that State and its members in China and its visiting personnel concerned, the Chinese Government may accord them such diplomatic privileges and immunities as appropriate on a reciprocal basis.Article 27
Where there are other provisions in international treaties to which China is a contracting or according party, the provisions of those treaties shall prevail, with the exception of those provisions on which China has expressed reservations. Where there are other provisions in agreements on diplomatic privileges and immunities between China and other countries, the provisions of those agreements shall prevail.Article 28
For the purpose of the present Regulations, the following expressions shall have the meanings hereunder assigned to them:(1)the "head of the mission" is the ambassador, minister, charge d'affaires or other person of equivalent rank charged by the sending State with the duty of acting in that capacity;
(2)the "members of the mission" are the head of the mission and the members of the staff of the mission;
(3)the "members of the staff of the mission" are the members of the diplomatic staff, of the administrative and technical staff and of the service staff of the mission;
(4)the "members of the diplomatic staff of the mission" are the members of the staff of the mission having diplomatic rank;
(5)a "diplomatic agent" is the head of the mission or a member of the diplomatic staff of the mission;
(6)the "members of the administrative and technical staff of the mission" are the members of the staff of the mission engaged in the administrative and technical work of the mission;
(7)the "members of the service staff of the mission" are the members of the staff of the mission in the domestic service of the mission;
(8)a "private attendant" is a person in the private employment of a member of the mission;
(9)the "premises of the mission" are the buildings and the land ancillary thereto used for the purposes of the mission and the residence of the head of the mission.
