Greater China Legal History Seminar Series – ‘From Zero to Hero: The Inception, Conceptualization, Drafting, Promulgation and Implementation of the Basic Law’ by Mr. Daniel Fung SC, QC

The conceptualization and drafting of the constitution of any country or territory is, by any measure, a pivotal moment in its history. Hong Kong is no exception.

The task of constitutional drafting fell on the shoulders of two bodies – the Basic Law Drafting Committee and the Basic Law Consultative Committee (in which latter body the speaker served as an elected member representing the Hong Kong Bar) formed in December 1985 and charged with completion of the necessary work by 1991. With the intervention of Tiananmen Square, the work was accelerated by one year resulting in the promulgation of the Basic Law on 4 April 1990, to kick into operation at the stroke of midnight 1 July 1997.

This seminar will discuss the making of the Basic Law in its historical context with the following topics addressed: (1) Prologue: Second Convention of Peking 9 June 1898; (2) MacLehose’s secret diplomatic missions 1979-1981; (3) Sino-British negotiations 1982-1984; (4) Sino-British Joint Declaration 19 December 1984; (5) Drafting of the Basic Law 1985-1990; (6) Promulgation of the Basic Law 4 April 1990; (7) Enactment of the Bill of Rights Ordinance 6 June 1991; (8) Epilogue: implementation of the Basic Law on 1 July 1997.

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