Law of the People's Republic of China on Garrisoning the Hong Kong Special Administrative Region (1996)
Law of the People's Republic of China on Garrisoning the Hong Kong Special Administrative Region (1996)
Law of the People's Republic of China on Garrisoning the Hong Kong Special Administrative Region (1996)
Order of the President [1996] No. 80
The Law of the People's Republic of China on Garrisoning the Hong Kong Special Administrative Region, which was adopted at the 23rd session of the Standing Committee of the 8th National People's Congress on December 30, 1996, is released hereby and shall take effect as of July 1, 1997.
President of the People's Republic of China Jiang Zemin
December 30, 1996
Contents
Chapter I General Provisions
Chapter II Functions and Responsibilities of the Hong Kong Garrison
Chapter III Relationship Between the Hong Kong Garrison and the Government of the Hong Kong Special Administrative Region
Chapter IV Obligations of and Discipline for Members of the Hong Kong Garrison
Chapter V Judicial Jurisdiction over Members of the Hong Kong Garrison
Chapter VI Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is enacted in accordance with the Constitution and the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China to ensure the lawful performance of functions and responsibilities by the military forces stationed by the Central People's Government in the Hong Kong Special Administrative Region for defence, and to maintain the sovereignty, unity and territorial integrity of the State and the security of Hong Kong.
Article 2 The military forces stationed by the Central People's Government in the Hong Kong Special Administrative Region for defence shall be composed of forces from the Army, the Navy and the Air Force of the Chinese People's Liberation Army, and be designated as the Hong Kong Garrison of the Chinese People's Liberation Army (hereinafter referred to as the Hong Kong Garrison).
Article 3 The Hong Kong Garrison shall be subject to the direction of the Central Military Commission of the People's Republic of China. The number of its members shall be determined according to the need for the defence of the Hong Kong Special Administrative Region.
The Hong Kong Garrison shall practise a system of rotation of its members.
Article 4 Expenditure for the Hong Kong Garrison shall be borne by the Central People's Government.
Chapter II Functions and Responsibilities of the Hong Kong Garrison
Article 5 The Hong Kong Garrison shall perform the following defence functions and responsibilities:
1. preparing against and resisting aggression, and safeguarding the security of the Hong Kong Special Administrative Region;
2. carrying out defence duties;
3. administering military facilities; and
4. handling foreign-related military affairs.
Article 6 In the event that the Standing Committee of the National People's Congress decides to declare a state of war or, by reason of turmoil within the Hong Kong Special Administrative Region which endangers national unity or security and is beyond the control of the Government of the Region, decides that the Region is in a state of emergency, the Hong Kong Garrison shall perform its duties in accordance with the provisions of the national laws that the Central People's Government decides to apply in the Region.
Article 7 No weapon and equipment, such as aircraft and vessels, and no material of the Hong Kong Garrison, and no member or vehicle of the Garrison that bears a certificate or a document of certification issued by the Hong Kong Garrison showing that the bearer is on official duty, shall be inspected, searched, seized or detained by any law-enforcing officer of the Hong Kong Special Administrative Region.
The Hong Kong Garrison and its members shall also enjoy other rights and immunities prescribed by the laws in force in the Hong Kong Special Administrative Region.
Article 8 Members of the Hong Kong Garrison may, in accordance with the provisions of the laws in force in the Hong Kong Special Administrative Region, take measures to stop any act which obstructs their performance of official duties.
Chapter III Relationship Between the Hong Kong Garrison and the Government of the Hong Kong Special Administrative Region
Article 9 The Hong Kong Garrison shall not interfere in the local affairs of the Hong Kong Special Administrative Region.
Article 10 The Government of the Hong Kong Special Administrative Region shall support the Hong Kong Garrison in its performance of defence functions and responsibilities and guarantee the lawful rights and interests of the Hong Kong Garrison and its members.
The Hong Kong Special Administrative Region shall consult the Hong Kong Garrison when formulating any policy or drafting any legislation which concerns the Hong Kong Garrison.
Article 11 The Hong Kong Garrison shall notify in advance the Government of the Hong Kong Special Administrative Region of any military activities it is to conduct such as training exercises and manoeuvres which may affect the public interests of the Hong Kong Special Administrative Region.
Article 12 The Hong Kong Garrison and the Government of the Hong Kong Special Administrative Region shall jointly protect the military facilities within the Hong Kong Special Administrative Region.
The Hong Kong Garrison shall delimit military restricted zones in conjunction with the Government of the Hong Kong Special Administrative Region.
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