Appendix I

The following ordinances and subordinate legislation in the laws previously in force in Hong Kong are in contravention of the Basic Law and therefore shall not be adopted as laws of the Hong Kong Special Administrative Region:

1. Trustees(Hong Kong Government Securities)Ordinance (Cap.77);

2. Application of English Law Ordinance (Cap.88);

3. Foreign Marriage Ordinance (Cap.180);

4. Chinese Extradition Ordinance (Cap. 235);

5. Colony Armorial Bearings (Protection) Ordinance (Cap. 315);

6. Secretary of State for Defence (Succession to Property) Ordinance (Cap. 193);

7. Royal Hong Kong Regiment Ordinance (Cap.199);

8. Compulsory Service Ordinance (Cap. 246);

9. Army and Royal Air Force Legal Services Ordinance (Cap. 286);

10. British Nationality (Miscellaneous Provisions) Ordinance (Cap. 186);

11. British Nationality Act 1981 (Consequential Amendments) Ordinance (Cap. 373);

12. Electoral Provisions Ordinance (Cap. 367);

13. Legislative Council (Electoral Provisions) Ordinance (Cap. 381); and

14. Boundary and Election Commission Ordinance (Cap. 432).

Appendix II

Some provisions of the following ordinances and subordinate legislation in the laws previously in force in Hong Kong are in contravention of the Basic Law and therefore shall not be adopted as provisions of laws of the Hong Kong Special Administrative Region:

1. The provisions regarding the definition of "Hong Kong permanent resident" in s2 and the provisions regarding "the Hong Kong permanent resident" in Schedule 1 of the Immigration Ordinance (Cap. 115);

2. Any provisions made for implementing the British Nationality Act applicable in Hong Kong;

3. Provisions for election in the Urban Council Ordinance (Cap. 101);

4. Provisions for election in the Regional Council Ordinance (Cap. 385);

5. Provisions for election in the District Boards Ordinance (Cap. 366);

6. Subsidiary legislation A: "Urban Council, Regional Council and District Boards Election Expenses Order" and subsidiary legislation C: "Resolution of the Legislative Council" in the Corrupt and Illegal Practices Ordinance (Cap. 288);

7. The provisions in s2(3) regarding the purpose of this ordinance for the purpose of its interpretation and application, in s3 regarding the effect on pre-existing legislation and in s4 regarding interpretation of subsequent legislation in the Hong Kong Bill of Rights Ordinance (Cap. 383);

8. The provisions in s3 (2) that the ordinance acquires an overriding position in the Personal Data (Privacy) Ordinance (Cap. 486);

9. Major amendments to the Societies Ordinance (Cap. 151) made since July 17, 1992; and

10. Major amendments to the Public Ordinance (Cap. 245) made since July 27, 1995.

Appendix III

The words and expressions in the laws previously in force in Hong Kong which are adopted as laws of the Hong Kong Special Administrative Region, when construed or applied, shall be subject to the following substitution rules:

1. Any reference to "Her Majesty", "Crown", "The British Government, U.K." and "Secretary of State" and other similar names or expressions, if the provision relates to the ownership of the land in Hong Kong or involves the affairs within the responsibilities of the Central Authorities and relationship between the Central Authorities and the Region as prescribed by the Basic Law, shall be construed correspondingly as a reference to the Central Authorities or other competent organs, and under other circumstances, as the Government of the Hong Kong Special Administrative Region;

2. Any reference to "Her Majesty in Council" or "Privy Council", if the provision relates to the matter of right of appeal, shall be contrued as a reference to the Court of Final Appeal of the Hong Kong Special Administrative Region, and under other circumstances, shall be dealt with in accordance with Item 1;

3. Any reference to the government organs or semi-official organs with the word "Royal" in their names shall be construed as reference to the corresponding organs of the Hong Kong Special Administrative Region with the word "Royal" being deleted;

4. Any reference to "the colony" shall be construed as a reference to the Hong Kong Special Administrative Rein; any description of the territory of Hong Kong shall be applicable after being correspondingly interpreted in accordance with the administrative division map of the Hong Kong Special Administrative region promulgated by the State Council;

5. Any reference to "the Supreme Court" and "High Court" shall be correspondingly construed as a reference to the High Court and the Court of First Instance of the High Court;

6. Any reference to "the Governor", "Governor in Council', "Chief Secretary", "Attorney General", "Chief Justice", "Secretary for Home Affairs", "Secretary for Constitutional Affairs", "Commissioner of Customs and Excise", and "justices" shall be correspondingly construed as a reference to the Chief Executive, Chief Executive in Council, Secretary of the Department of Administration, Secretary of the Department of Justice, Chief Justice of the Court of Final Appeal or Chief Judge of High Court, Secretary for Home Affairs, Secretary for Constitutional Affairs, Commissioner of Customs and Excise, and judges of the High Court of the Hong Kong Special Administrative Region;

7. Any reference to the Legislative Council, Judiciary or the Executive Authorities and their staff in the Chinese text of the laws previously in force in Hong Kong shall be construed or applied correspondingly in accordance with the relevant provisions of the Basic Law;

8. Any reference to "the People's Republic of China" and "China" or other similar names or expressions shall be construed as a reference to the People's Republic of China including Taiwan, Hong Kong and Macao; any reference to the Mainland, Taiwan, Hong Kong and Macao, separately or together, shall be correspondingly construed as a reference to a component part of the People's Republic of China;

9. Any reference to "foreign country or foreign State" and other similar words or expressions shall be construed as a reference to any country or region other than the People's Republic of China or, in accordance with the contents of the law or the provision, shall be construed as a reference to "any place other than the Hong Kong Special Administrative Region"; and any reference to "foreign national" or other similar words or expressions shall be construed as a reference to any person other than the citizen of the People's Republic of China; and

10. Any reference to "Nothing in this ordinance shall affect or be deemed to affect the rights of Her Majesty the Queen, Her Heirs or Successors" shall be construed as a reference to "Nothing in this ordinance shall affect or be deemed to affect the rights enjoyed by the Central Government or the Government of the Hong Kong Special Administrative Region in accordance with the provisions of the Basic Law and other enactments."

Appendix:

Proposal of the Preparatory Committee for the Hong Kong Special Administrative Region Under the National People’s Congress Concerning the Laws Previously in Force in Hong Kong

(Adopted at the Eighth Plenary Meeting of the Preparatory Committee for the Hong Kong Special Administrative Region Under the National People’s Congress on February 1, 1997) The Standing Committee of the National People’s Congress:

In accordance with the provisions of Article 8 and paragraph 1 of Article 160 of the Basic Law of the Hong Kong Special Administrative Region of the People’s Republic of China(hereinafter referred as “the Basic Law” for short), the Preparatory Committee for the Hong Kong Special Administrative Region Under the National People’s Congress studied various provisions in the laws previously in force in Hong Kong that contravene the Basic Law. In order to ensure that the laws previously in force in Hong Kong are adopted as laws of the Hong Kong Special Administrative Region on the premise that they conform to the Basic Law, the Preparatory Committee puts forward a proposal as follows:

1. The laws previously in force in Hong Kong, including the common law, rules of equity, ordinances, subordinate legislation and customary law, shall be adopted as laws of the Hong Kong Special Administrative Region, except for any that contravene the Basic Law.

2. The ordinances, subordinate legislation and some provisions previously in force in Hong Kong, listed in Appendix I and Appendix II to this Proposal, which contravene the Basic Law, shall not be adopted as laws of the Hong Kong Special Administrative Region.

3. The laws previously in force in Hong Kong, that are adopted as laws of the Hong Kong Special Administrative Region shall be applied as of July 1, 1997 with such modifications, adaptations, restrictions and exceptions as are essential for making them conform with the status of Hong Kong after the People’s Republic of China resumes the exercise of sovereignty over it and with the relevant provisions of the Basic Law, for example, the New Territories Land (Exemption) Ordinance shall be applied in accordance with the principle mentioned above.

In addition to the principle mentioned above, the following shall be conformed with when applying the ordinances and subordinate legislation previously in force:

(1) Where the provisions of laws relating to the foreign affairs of the Hong Kong Special Administrative Region are inconsistent with the national laws that are applied in the Hong Kong Special Administrative Region, the national laws shall prevail, and the provisions shall be made in keeping with the international rights enjoyed by the Central People’s Government and the international obligations it undertakes.

(2) No provisions which accord privileges to the United Kingdom or any other countries or regions of the British Commonwealth shall be maintained, with the exception of the provisions of reciprocity between Hong Kong and the United Kingdom or any other countries or regions of the British Commonwealth.

(3) The provisions regarding the rights, immunities and obligations of the British troops stationed in Hong Kong shall be maintained provided that they do not contravene the provisions of the Basic Law and the Law of the People’s Republic of China on Garrisoning the Hong Kong Special Administrative Region and shall be applicable to the troops stationed in the Hong Kong Special Administrative Region by the Central People’s Government of the People’s Republic of China.

(4) The provision that the English language is superior to the Chinese language in terms of legal effect shall be construed as that both the Chinese and the English language are the official languages.

(5) Any of the provisions in the British laws that are in force before July 1, 1997 and quoted in the ordinances and subordinate legislation may, as a transitional arrangement, continue to be applied mutatis mutandis before it is amended by the Hong Kong Special Administrative Region, provided that it does not jeopardize the sovereignty of the People’s Republic of China or contravene the provisions of the Basic Law.

4. On condition that the provisions in Article 3 are conformed with, the substitution rules prescribed in Appendix III to this Proposal shall be followed when interpreting or applying the words and expressions in the laws previously in force in Hong Kong that are adopted as laws of the Hong Kong Special Administrative Region, unless they mean otherwise.

5. If the laws previously in force in Hong Kong that are adopted as laws of the Hong Kong Special Administrative Region are later discovered to be in contravention of the Basic Law, they shall be amended or cease to have force in accordance with the procedure as prescribed by the Basic Law.

The proposal mentioned above is hereby submitted to the Standing Committee of the National People’s Congress for examination.

Decision of the Standing Committee of the National People's Congress on Adding to and Deleting from the List of the National Laws in Annex III to the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China

(Adopted at the 26th Meeting of the Standing Committee of the Eighth National People's Congress on July 1, 1997)

1. The following national laws shall be added to Annex III to the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China:

(1) Law of the People's Republic of China on the National Flag

(2) Regulations of the People's Republic of China Concerning Consular Privileges and Immunities

(3) Law of the People's Republic of China on the National Emblem

(4) Law of the People's Republic of China on the Territorial Sea and the Contiguous Zone

(5) Law of the People's Republic of China on Garrisoning the Hong Kong Special Administrative Region

The national laws mentioned above shall be promulgated or implemented through legislation by the Hong Kong Special Administrative Region as of July 1, 1997.

2. The following national law shall be deleted from Annex III to the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China:

Order on the National Emblem of the People's Republic of China Proclaimed by the Central People's Government Attached: Design of the national emblem, notes of explanation and instructions for use.

Appendix: Proposal of the Preparatory Committee for the Hong Kong Special Administrative Region Under the National People's Congress on Adding to and Deleting from the List of the National Laws in Annex III to the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China

(Adopted at the Ninth Plenary Meeting of the Preparatory Committee for the Hong Kong Special Administrative Region Under the National People's Congress on May 23, 1997)

The Standing Committee of the National People's Congress: As is stipulated by the provisions of Article 18 of the Basic Law of the Hong Kong Special Administrative Region, "National laws shall not be applied in the Hong Kong Special Administrative Region except for those listed in Annex III to this Law. The laws listed therein shall be applied locally by way of promulgation or legislation by the Region. The Standing Committee of the National People's Congress may add to or delete from the list of laws in Annex III after consulting its Committee for the Basic Law of the Hong Kong Special Administrative Region and the government of the Region. Laws listed in Annex III to this Law shall be confined to those relating to defence and foreign affairs as well as other matters outside the limits of the autonomy of the Region as specified by this Law." Since after the promulgation of the Basic Law, the Standing Committee of the National People's Congress has formulated a number of new laws, some of which the Preparatory Committee believes are laws relating to defence and foreign affairs as well as other matters outside the limits of the autonomy of the Hong Kong Special Administrative Region. The Committee therefore proposes that the Standing Committee of the National People's Congress, in accordance with the procedure provided for in Article 18 of the Basic Law, make a decision to add to and delete from the list of the national laws in Annex III to the Basic Law at the time when it is implemented.

Specifically, the Proposal is as follows: I The following national laws shall be added to Annex III to the Basic Law:

1. Law of the People's Republic of China on the National Flag;

2. Regulations of the People's Republic of China Concerning Consular Privileges and Immunities;

3. Law of the People's Republic of China on the National Emblem;

4. Law of the People's Republic of China on the Territorial Sea and the Contiguous Zone; and

5. Law of the People's Republic of China on Garrisoning the Hong Kong Special Administrative Region. II The following national law shall be deleted from Annex III to the Basic Law:

Order on the National Emblem of the People's Republic of China Proclaimed by the Central People's Government

Attached: Design of the national emblem, notes of explanation and instructions for use.

Interpretation by the Standing Committee of the National People's Congress Regarding Paragraph 4 in Article 22 and Category (3) of Paragraph 2 in Article 24 of the Basic Law of the Hong Kong Special Administrative Region of the PRC

(Adopted at the 10th Meeting of the Standing Committee of the Ninth National People's Congress on June 26, 1999)

At its 10th Meeting, the Standing Committee of the Ninth National People's Congress discussed the State Council's Proposal for Giving an Interpretation to Paragraph 4 in Article 22 and Category (3) of Paragraph 2 in Article 24 of the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China. It is in order to respond to the report submitted by the Chief Executive of the Hong Kong Special Administrative Region in accordance with the relevant provisions of Article 43 and those of Category (2) of Article 48 of the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China that the State Council has put forward the proposal. In view of the fact that the issue raised in the proposal concerns the interpretation of the relevant articles of the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China by the Court of Final Appeal of the Hong Kong Special Administrative Region in its judgment made on January 29, 1999, that these provisions concern affairs which are the responsibility of the Central Authorities and the relationship between the Central Authorities and the Hong Kong Special Administrative Region, that the Court of Final Appeal, before making its judgment, failed to seek an interpretation of the provisions from the Standing Committee of the National People's Congress in accordance with the provisions of Paragraph 3 in Article 158 of the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China and that the interpretation of the Court of Final Appeal is not in conformity with the original legislative intent, the Standing Committee of the National People's Congress, after consulting its Committee for the Basic Law of the Hong Kong Special Administrative Region, decides to give the following interpretations to the relevant provisions in the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China in accordance with the provisions of Category (4) of Article 67 of the Constitution of the People's Republic of China and Paragraph 1 in Article 158 of the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China:

1.The provisions of Paragraph 4 in Article 22 of the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China " for entry into the Hong Kong Special Administrative Region, people from other parts of China must apply for approval", mean that persons from provinces, autonomous regions and municipalities directly under the Central Government, including the children of permanent residents of the Hong Kong Special Administrative Region born in the mainland with Chinese nationality, who request to enter the Hong Kong Special Administrative Region with whatever reason shall, in accordance with the provisions of relevant laws and administrative regulations of the State, apply for approval from the relevant government department in the place of their residence and may only enter the Hong Kong Special Administrative Region with valid certificates issued by relevant authorities. It's illegal for any persons or children mentioned above to enter the Hong Kong Special Administrative Region without going through due approval procedures in accordance with the provisions of relevant laws and administrative regulations of the State.

2.The first three categories of Paragraph 2 in Article 24 of the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China provide: " The permanent residents of the Hong Kong Special Administrative Region shall be: (1) Chinese citizens born in Hong Kong before or after the establishment of the Hong Kong Special Administrative Region; (2) Chinese citizens who have ordinarily resided in Hong Kong for a continuous period of not less than seven years before or after the establishment of the Hong Kong Special Administrative Region; (3) Persons of Chinese nationality born outside Hong Kong of those residents listed in categories (1) and (2)"." Among these people, the persons provided for in Category (3) " Persons of Chinese nationality born outside Hong Kong of those residents listed in categories (1) and (2)" mean that those persons, at the time of their birth, no matter whether they were born before or after the establishment of the Hong Kong Special Administrative Region, whose parents or whose fathers or mothers are Chinese citizens as provided for in Category (1) or Category (2) of Paragraph 2 in Article 24 of the Basic Law of the Hong Kong Special Administrative Region. The original legislative intent elucidated by this Interpretation and the original legislative intent of the other categories of Paragraph 2 in Article 24 of the Basic Law of the Hong Kong Special Administrative Region have been embodied in the Opinions on the Implementation of the Second Paragraph of Article 24 of the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China, which were adopted at the Fourth Plenary Meeting of the Preparatory Committee for the Hong Kong Special Administrative Region of the National People's Congress on August 10, 1996.

After promulgation of this Interpretation, the courts of the Hong Kong Special Administrative Region shall, in applying the relevant articles of the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China, follow this Interpretation. This Interpretation does not affect the right of abode in the Hong Kong Special Administrative Region granted to the litigating party in the case through the judgment made by the Court of Final Appeal of the Hong Kong Special Administrative Region on January 29, 1999. As to whether any other person conforms to the provisions of Category (3) of Paragraph 2 in Article 24 of the Basic Law of the Hong Kong Special Administrative Region, the matter shall be decided according to this Interpretation.

Interpretation by the Standing Committee of the National People's Congress on Some Questions Concerning Implementation of the Nationality Law of the People's Republic of China in the Hong Kong Special Administrative Region

(Adopted at the 19th Meeting of the Standing Committee of the Eighth National People's Congress on May 15, 1996)

According to the provisions of Article 18 of the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China and of its Annex III, the Nationality Law of the People's Republic of China shall become effective in the Hong Kong Special Administrative Region as of July 1, 1997. Taking into account the historical background and the reality of Hong Kong, an interpretation regarding implementation of the Nationality Law of the People's Republic of China in the Hong Kong Special Administrative Region is made as follows:

1. Any Hong Kong resident who is an ethnic Chinese born in the territory of China (including Hong Kong), and any other person who meets the conditions for Chinese nationality as prescribed by the Nationality Law of the People's Republic of China are Chinese nationals.

2. All Chinese compatriots residing in Hong Kong, whether they are holders of the British Dependent Territories Citizens' Passport or the British National (Overseas) Passport, are Chinese nationals. These Chinese nationals may, as of July 1, 1997, continue to use their valid travel documents issued by the British government for the purpose of travelling to other countries or regions. However, they shall not be entitled to British consular protection in the Hong Kong Special Administrative Region or in any other part of the People's Republic of China on account of their holding the above-mentioned British travel documents.

3. The British citizen status of any Chinese national residing in Hong Kong granted by the British government under the British Nationality Selection Scheme shall not be recognized according to the Nationality Law of the People's Republic of China. Such person shall still be Chinese national and shall not be entitled to British consular protection in the Hong Kong Special Administrative Region or in any other part of the People's Republic of China.

4. Any Chinese national who resides in the Hong Kong Special Administrative Region and has the right of abode in a foreign country may use the relevant document issued by the foreign government for the purpose of traveling to other countries or regions, but he or she shall not be entitled to the consular protection of the foreign country in the Hong Kong Special Administrative Region or in any other part of the People's Republic of China on account of their holding the above-mentioned foreign documents.

5. Any Chinese national residing in the Hong Kong Special Administrative Region who wishes to change his or her nationality may, by producing valid documents, apply to the competent authorities of the Hong Kong Special Administrative Region that handle nationality applications.

6. The Government of the Hong Kong Special Administrative Region is authorized to designate its Immigration Department as the competent authorities for handling nationality applications. The Immigration Department of the Hong Kong Special Administrative Region shall deal with all matters relating to nationality applications in accordance with the Nationality Law of the People's Republic of China and the provisions mentioned above.