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The Basic Law of the Hong Kong Special Administrative Region of the People’s Republic of China (Chapter 2101), Hong Kong, China

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Latest Version in WIPO Lex
Year of Version 1997 Dates Entry into force: July 1, 1997 Adopted: April 4, 1990 Type of Text Constitution/Basic Law Subject Matter Other Notes The Basic Law of the Hong Kong Special Administrative Region (HKSAR) was enacted by the National People's Congress in accordance with the Constitution of the People's Republic of China. It is akin to a mini-constitution for the HKSAR. It was promulgated on 4.4.1990 and took effect on 1.7.1997 on the establishment of the HKSAR. All the systems and policies practised in the HKSAR must be based on the provisions of the Basic Law. These include the social and economic systems; the system for safeguarding the fundamental rights and freedoms of its residents; the executive, legislative and judicial systems; and the relevant policies. Furthermore, no law enacted by the legislature of the HKSAR may contravene the Basic Law.

The Basic Law specifically provides in Articles 139 and 140 that the HKSAR should on its own develop appropriate policies and afford legal protection for intellectual property rights.

'During the British colonial rule and before Mainland China resumed her sovereignty over Hong Kong on 1 July 1997, the
legal regime for protection of intellectual property rights in Hong Kong consists of a variety of locally enacted legislation,
an application of legislation of the United Kingdom, as well as the rules of common law and equity. The UK Copyright
Act 1956 was directly applicable in Hong Kong until 27 June 1997 subject to certain transitional arrangements. Local
legislation enacted prior to 1997 includes, for example, the Trade Marks Ordinance of 1898 and 1954, the United
Kingdom Designs (Protection) Ordinance of Hong Kong. Much of Hong Kong s intellectual property laws prior to 1997
were modelled on those of other common law countries, in particular the United Kingdom. Since the reunification of
Hong Kong with China, Hong Kong SAR has gradually localized its intellectual property legislation. The common law
and rules of equity continue to apply in Hong Kong today under The Basic Law.'

Note that generally, Hong Kong legislation includes ordinances (as primary legislation) and regulations (as subsidiary legislation). The two types of legislation are distinguished from each other in that the subsidiary legislation appears with a chapter number plus an alphabet letter. For example, Cap. 528 is the Copyright Ordinance (primary legislation) while Cap. 528A and 528B are regulations relating to copyright (subsidiary legislation).

Available Texts Main text(s) Main text(s) Chinese 中華人民共和國香港特別行政區基本法（第2101章） PDF HTML English The Basic Law of the Hong Kong Special Administrative Region of the People’s Republic of China (Chapter 2101) PDF HTML

WIPO Lex No. HK156