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| Law of the People's Republic of China on Garrisoning the HK Special Administrative Region |
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Adopted at the 23rd Meeting of the Standing Committee of the Eighth National People's Congress on December 30, 1996 and promulgated by Order No.80 of the President of the People's Republic of China on December 30, 1996 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 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 whith 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. The locations and boundaries of the military restricted zones shall be declared by the Government of the Hong Kong Special Administrative Region. The Government of the Hong Kong Special Administrative Region shall assist the Hong Kong Garrison in maintaining the security of the military restricted zones. Without permission of the Commander of the Hong Kong Garrison or other officers as he may authorize to give such permission, no person, vehicle, vessel or aircraft other than those of the Hong Kong Garrison shall enter the military restricted zones. Guards of the military restricted zones shall have the right to stop according to law any unauthorized entry into any military restricted zone or any act which damages or endangers any military facilities. The Hong Kong Garrison shall protect the natural resources, historical relics and monuments, and other non-military rights and interests within the military restricted zones in accordance with the laws of the Hong Kong Special Administrative Region. Article 13 Any land used by the Hong Kong Garrison for military purposes, when approved by the Central People's Government to be no longer needed for defence purposes, shall be turned over without compensation to the Government of the Hong Kong Special Administrative Region for disposal. If the Government of the Hong Kong Special Administrative Region needs for public use any part of the land used for military purposes by the Hong Kong Garrison, it shall seek approval of the Central People's Government; where approval is obtained, the Government of the Hong Kong Special Administrative Region shall make reprovision of land and military facilities for the Hong Kong Garrison at such sites as agreed to by the Central People's Government, and shall bear all the expenses and costs entailed. Article 14 Pursuant to the provisions of the Basic Law of the Hong Kong Special Administrative Region, the Government of the Hong Kong Special Administrative Region may, when necessary, ask the Central People's Government for assistance from the Hong Kong Garrison in the maintenance of public order or in disaster relief. Where the request of the Government of the Hong Kong Special Administrative Region is approved by the Central People's Government, the Hong Kong Garrison shall call out troops in accordance with the order of the Central Military Commission to carry out tasks of assistance in the maintenance of public order or in disaster relief, and upon completion of the tasks, the troops shall return to their barracks immediately. The troops of the Hong Kong Garrison who are called out to assist in the maintenance of public order or in disaster relief shall, under the arrangement of the Government of the Hong Kong Special Administrative Region, be commanded by the Commander of the Hong Kong Garrison or the officer authorized by him. Members of the Hong Kong Garison may exercise the powers conferred by the laws of the Hong Kong Special Administrative Region in the course of rendering assistance in the maintenance of public order or in disaster relief. Article 15 The Hong Kong Garrison and the Governemnt of the Hong Kong Special Administrative Region shall establish necessary liaison to deal with matters concerning the Hong Kong Garrison through consultation. Chapter IV Obligations of the Discipline for Members of the Hong Kong Article 16 Members of the Hong Kong Garrison shallfulfill the following obligations: (1) to be loyal to their motherland, perform their functions and responsibilities, maintain the security, honour and interests of their motherland, and safeguard the security of Hong Kong; (2) to abide by national laws and the laws of the Hong Kong Special Administrative Region, and observe military discipline; (3) to respect the organs of political power, the social system and the ways of life of the Hong Kong Special Administrative Region; (4) to cherish the public property of the Hong Kong Special Administrative Region and the private property of Hong Kong residents and other persons; and (5) to observe public ethics and cultivate civility and courtesy. Article 17 Members of the Hong Kong Garrison shall not join any political, religious or social organization in Hong Kong. Article 18 The Hong Kong Garrison or its members shall not engage in any form of profit-making business activities. Members of the Hong Kong Garrison shall not engage in any other activity incompatible with their functions and responsibilities as servicemen. Article 19 Any member of the Hong Kong Garrison who contravenes any national law or law of the Hong Kong Special Administrative Region shall be investigated for legal responsibility according to law. Any member of the Hong Kong Garrison who breaches military discipline shall be subject to disciplinary sanction. Chapter V Judicial Jurisdiction over Members of the Hong Kong Garrison Article 20 Criminal offences committed by members of the Hong Kong Garrison shall be under the jurisdiction of the military judicial organs; but offences which are committed by members of the Hong Kong Garrison when not performing their official duties and in such violation of the personal right or property right of Hong Kong residents or other persons who are not of the Hong Kong Garrison or otherwise in such contravention of the laws of the Hong Kong Special Administrative Region as to constitute crimes, shall be subject to the jurisdiction of the courts and the relevant law-enforcing organs of the Hong Kong Special Administrative Region. The military judicial organ and the court or the relevant law-enforcing organ of the Hong Kong Special Administrative Region may transfer to the other party the criminal cases of members of the Hong Kong Garrison under their respective jurisdiction if they consider it to be more appropriate for the other party to exercise jurisdiction, provided that consensus is reached through consultation. Hong Kong residents or other persons not of the Hong Kong Garrison involved as defendants in the criminal cases of members of the Hong Kong Garrison under the jurisdiction of the military judicial organs shall be tried by the courts of the Hong Kong Special Administrtive Region. Article 21 Any person who is lawfully arrested as a suspected offender by law-enforcing officers of the Hong Kong Special Administrative Region, once confirmed upon investigation to be a member of the Hong Kong Garrison, shall be handed over to the Hong Kong Garrison for custody. Jurisdiction over the case involving the person in custody shall be determined in accordance with the provisions in Article 20 of this Law. Article 22 Any member of the Hong Kong Garrison sentenced by a court of the Hong Kong Special Administrative Region to criminal punishment which deprives him of or restricts his personal freedom shall be delivered for sentence enforcement according to the provisions of the laws of the Hong Kong Special Administrative Region, except for the case in which the place of sentence enforcement is otherwise determined by a relevant law- enforcing organ of the Hong Kong Special Administrative Region and the military judicial organ through consultation. Article 23 Where any member of the Hong Kong Garrison, in contravention of the laws of the Hong Kong Special Administrative Region, infringes the civil rights of any Hong Kong resident or other person not of the Hong Kong Garrison, the parties concerned may seek settlement through consultation or mediation; if they are unwilling or fail to reach settlement through consultation or mediation, the infringed party may bring an action in the court. Cases of tort arising from acts committed by members of the Hong Kong Garrison when not performing their official duties shall be subject to the jurisdiction of the courts of the Hong Kong Special Administrative Region; cases of tort arising from acts committed by members of the Hong Kong Garrison when performing their official duties shall be subject to the jurisdiction of the Supreme People's Court of the People's Republic of China, and compensation for any loss or injury incurred by acts of tort shall be governed by the laws of the Hong Kong Special Administrative Region. Article 24 Where any contractual dispute arises within the Hong Kong Special Administrative Region between any organ or unit of the Hong Kong Garrison and any Hong Kong resident or other person not of the Hong Kong Garrison, the parties concerned may settle their dispute through consultation or mediation; if the parties are unwilling or fail to reach settlement through consultation or mediation, they may submit the dispute to the arbitration agency for arbitration in accordance with the arbitration clause contained in the contract or with a written arbitration agreement reached by the parties afterwards. If no arbitration clause is contained in the contract and no written arbitration agreement is reached afterwards, the parties may institute proceedings in a court of the Hong Kong Special Administrative Region, except that the parties agree otherwise as to the court for instituting proceedings. Article 25 Certificates issued by the Hong Kong Garrison regarding facts such as identity of membership of the Hong Kong Garrison and acts in performance of official duties shall be valid evidence in proceedings in the courts of the Hong Kong Special Administrative Region, unless the contrary is proved. Article 26 Acts of State of the Hong Kong Garrison such as defence affairs shall not be subject to the jurisdiction of the courts of the Hong Kong Special Administrative Region. Article 27 Organs or units of the Hong Kong Garrison shall comply with the judgments or orders issued by the courts of the Hong Kong Special Administrative Region concerning arrangement of their property; but the said courts shall not enforce judgments or orders on any weapon, equipment, material or other property of the Hong Kong Garrison. Article 28 The military judicial organs may, through consultation, maintain juridical relations with the courts and the relevant law- enforcing organs of the Hong Kong Special Administrative Region, and they may render assistance to each other. Chapter VI Supplementary Provisions Article 29 The power of interpretation of this Law shall be vested in the Standing Committee of the National People's Congress. Article 30 This Law shall come into force a of July 1, 1997. (China.org.cn) |
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