Constitutional Law and Human Rights in Hong Kong—A Sourcebook

The resumption of the exercise of sovereignty over Hong Kong by the People’s Republic of China (PRC) on 1 July 1997 and the establishment of the Hong Kong Special Administrative Region (HKSAR) marked the creation of a new constitutional order for Hong Kong. While “the laws previously in force in Hong Kong, that is, the common law, rules of equity, ordinances, subordinate legislation and customary law shall be maintained” (Basic Law, Article 8), constitutional law built upon the Basic Law of the HKSAR has been implemented in the HKSAR ever since. Under the principle of “One Country, Two Systems”, the court system and “the legal system and principles previously in force in Hong Kong” have indeed been basically maintained (Basic Law, Article 19). Moreover, Article 39 of the Basic Law provides that the “provisions of the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, and international labour conventions as applied to Hong Kong shall remain in force and shall be implemented through the laws of the Hong Kong Special Administrative Region”.
With the enactment of the National Security Law in 2020, the current constitutional system in the HKSAR as well as the effect of the international framework of human rights applicable to Hong Kong is undergoing changes as we write this preface. Although it is not yet fully known how the National Security Law will impact the enjoyment of human rights and freedoms in Hong Kong in the long run, it is widely expected to have a significant impact on the contours of rights and freedoms.
We have been teaching several undergraduate and postgraduate courses in the School of Law at the City University of Hong Kong which are related to constitutional law and human rights in Hong Kong. As professors and legal scholars, we have felt the need for a convenient sourcebook containing the relevant primary materials most often referenced in the field. This book is an attempt to fill this gap. It includes materials in the form of selected core statutes and international instruments, and it will be an essential reference for courses such as Constitutional Law, Basic Law, Public Law of Hong Kong, The Law of Human Rights of Hong Kong, International Human Rights Law, International Criminal Law, International Labour Law, International Environmental Law, Law and Gender, Business and Human Rights, and Discrimination Law. As such, we hope that this sourcebook benefits both students and teachers by providing them key materials all in one place. The book will be equally of interest to researchers, lawyers, and judges engaging with issues concerning constitutional law and human rights in Hong Kong as well as for teach and research in the fields of political science, Asian studies, business, social sciences, and international studies. However, while it is not possible to include all the relevant primary resources that would be useful for such a wide range of courses and fields because of space constraints, we have done our best to pick those most relevant and exercised our discretion to create a bouquet of materials. It includes legal instruments updated as of April 2021, and it will undoubtedly need to be periodically revised to cater for changing teaching and learning needs. Lastly, the documents have been formatted to appear in a consistent style. This includes light editing of heading structure as well as changes in spelling (Oxford) and term capitalization for clarity. However, these changes do not in any way affect the content or meaning of the text.
We would like thank HU Taige, TSE Long Hei Ronnie, NG Lok Yi Jasmine, and Eric Yang for providing us with excellent research assistance in completing this book project. We also wish to express our gratitude to the City University of Hong Kong Press for their professional assistance, and in particular, to Dr Abby Manthey, the English editor at the Press, for her efficient and meticulous editing, without which it would not have been possible to publish this work on time.

Guobin Zhu
Mark Kielsgard
Surya Deva
4 June 2021