New Trend Citizenship,Economics and Society Module 1.
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Revision Notes Rights and Duties
Module 1.4 Rights and Duties
Learning objectives:
1. The fundamental rights and obligations of citizens prescribed by the Constitution
2. The fundamental rights and duties of Hong Kong residents prescribed by the
Basic Law
3. The principles of the rule of law guaranteed by the Basic Law
4. The rights and duties guaranteed by international agreements which are
prescribed by the Basic Law
Chapter 1 Fundamental rights and obligations of citizens
prescribed by the Constitution
A The provisions of the Constitution must be upheld
Keywords:
1. constitution 憲法
A constitution is the fundamental law of a country, as well as the foundation of its
establishment.
2. special administrative region 特別行政區
The Constitution stipulates that the National People's Congress shall exercise the
power to decide on the establishment of special administrative regions and the
systems to be instituted there.
3. Basic Law《》
The Basic Law was formulated in accordance with the Constitution, and came into
effect on the day of the establishment of the HKSAR on 1 July 1997. It regulates the
systems practised in the HKSAR, in order to safeguard the implementation of the
policy of "one country, two systems".
4. "one country, two systems"「一國兩制」
"One country" means the People's Republic of China, while "two systems" refer to
the socialist system and the capitalist system. This means the socialist system is
practised in the Mainland, while the capitalist system is practised in Hong Kong.
"One Country" is the premise, foundation and core on which "two systems" is
implemented. Without "one country", there will not be "two systems".
5. socialism 社會主義
It advocates the abolition of the private property system. All property should belong
to the public, while all the people produce and share the fruits of production
collectively.
6. capitalism 資本主義
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New Trend Citizenship,Economics and Society Module 1.4
Revision Notes Rights and Duties
It is an economic system based on private property. People produce goods in order
to obtain profits.
Values:
Sense of national identity
Human rights and responsibilities
Law-abidingness
The Constitution having highest legal status
The Constitution of the People's Republic of China is the fundamental law of our
country. It has the highest legal status and is applicable to the whole country.
The establishment of the HKSAR being based on the Constitution
The Constitution is the legislative basis for the Basic Law of the HKSAR.
The Constitution and the Basic Law jointly form the constitutional basis of the
HKSAR.
The HKSAR having a duty to uphold the Constitution
The people of the whole country, including Hong Kong residents, must treat the
Constitution as the fundamental standard of conduct, and they have a duty to
uphold the sanctity of the Constitution and ensure its compliance.
B The meaning of civil rights and duties
Keywords:
1. citizen 公民
A citizen of a country enjoys the corresponding rights and undertakes the
corresponding duties in accordance with the constitution of that country.
2. right 權利
The rights refer to the rights that the law allows citizens to exercise and the freedom
they enjoy.
3. duty/obligation 義務
The duties refer to the civic responsibilities that citizens should fulfill while
enjoying rights.
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New Trend Citizenship,Economics and Society Module 1.4
Revision Notes Rights and Duties
Values:
Human rights and responsibilities
Law-abidingness
Sense of national identity
Definition and relationship
Rights: The rights that the law allows citizens to exercise and the freedom they
enjoy.
Duties: The civic responsibilities that citizens should fulfill while enjoying rights.
Both rights and duties are complementary and indispensable.
C The fundamental rights of citizens prescribed by the Constitution
Values:
Human rights and responsibilities
Freedom
Sense of national identity
The fundamental rights of citizens
shall enjoy the rights prescribed by the Constitution and the law.
are equal before the law.
shall have the right to vote and stand for election.
shall enjoy freedom of speech, the press, assembly, association, procession and
demonstration.
shall enjoy freedom of religious belief.
personal freedom and personal dignity shall not be violated, and homes are
inviolable.
freedom and confidentiality of correspondence shall be protected by law.
shall have the right to criticise and make suggestions regarding any state organ or
state employee.
shall have the right to work, and working people shall have the right to rest.
shall have the right to receive education.
shall enjoy the freedom to engage in scientific research, literary and artistic
creation, and other cultural pursuits.
women shall enjoy equal rights with men in all spheres of life: political,
economic, cultural, social and familial.
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New Trend Citizenship,Economics and Society Module 1.4
Revision Notes Rights and Duties
D The fundamental obligations of citizens prescribed by the
Constitution
Values:
Sense of national identity
Human rights and responsibilities
Law-abidingness
The fundamental obligations of citizens
The Constitution stipulates that the citizens can enjoy a wide range of freedoms
and rights, but also stipulates the fundamental obligations that they must fulfill.
Chapter 2 The fundamental rights and duties of Hong Kong
residents prescribed by the Basic Law
A The fundamental rights enjoyed by Hong Kong residents
Keywords:
1. national security 國家安全
It refers to a status in which the regime, sovereignty, unity, territorial integrity,
welfare of the people, sustainable economic and social development, and other
major interests of the state are relatively not faced with any danger and not
threatened internally and externally, and the capability to maintain a sustained
security status.
11 Hong Kong National Security Law《》
In 2020, the Central People’s Government enacted the Hong Kong National
Security Law. It has been included in Annex III of the Basic Law and implemented
promptly. The law states that the HKSAR bears the constitutional responsibility of
safeguarding national security and should fulfill its duty of maintaining national
security.
Values:
Law-abidingness
Respect for the rule of law
Equality
Justice
Freedom
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New Trend Citizenship,Economics and Society Module 1.4
Revision Notes Rights and Duties
Fundamental rights of individuals
Freedom of the person shall be inviolable.
Freedom of marriage and rights to raise a family freely shall be protected.
The homes and other premises shall be inviolable.
Freedom and privacy of communication shall be protected by law.
Freedom of movement within the HKSAR and freedom of emigration to other
countries and regions. Freedom to travel and to enter or leave the Region.
Political and legal rights
Right to vote and the right to stand for election.
Freedom of speech, of the press and of publication; freedom of association, of
assembly, of procession and of demonstration; and the right and freedom to form
and join trade unions, and to strike.
Hong Kong residents shall have the right to legal advice, access to the courts,
choice of lawyers for protection of their lawful rights and interests.
Economic rights
The private property shall be protected.
Freedom of choice of occupation.
Right to social welfare, and welfare benefits and retirement security of the labour
force.
Cultural and educational rights
Freedom of religious belief and freedom to preach and to conduct and participate
in religious activities in public.
Freedom to engage in academic research, literary and artistic creation, and other
cultural activities.
B The fundamental duties that Hong Kong residents should
fulfill
Values:
Respect for others
Respect for the rule of law
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New Trend Citizenship,Economics and Society Module 1.4
Revision Notes Rights and Duties
Law-abidingness
Abiding by the law and maintaining peace and stability in society
The law is the code of conduct for people, which we must abide by.
The law not only protects our rights and freedoms, but also maintains public order,
social stability and prosperity.
Respecting the rights of others
The rights and duties of citizens are interdependent.
The exercise of rights is not without limits.
When exercising our rights, we must respect the rights of others.
Considering the overall interests of society
We must never only focus on the pursuit of personal interests and ignore fulfilling
our civic duties.
We must consider the overall interests of society when exercising our rights.
Protecting national security
As a part of our country, Hong Kong has a duty to protect national security.
it is essential for everyone to fulfill his or her duty in order to achieve the common
good of the society as a whole.
C Principles of the rule of law protecting Hong Kong
residents, which are prescribed by the Basic Law
Keywords:
1. rule of law 法治
It means that the law has the highest authority and must be obeyed by all people and
institutions. Everyone has the right to seek protection from the court. In court, the
judges will carry out judicial decisions fairly.
Values:
Freedom
Law-abidingness
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New Trend Citizenship,Economics and Society Module 1.4
Revision Notes Rights and Duties
Human rights and responsibilities
Respect for the rule of law
Definition of the rule of law
The law has the highest authority and must be obeyed by all people and
institutions.
The rule of law protects the rights and freedoms of people while also imposing a
duty to everyone to abide by the law.
Principles of the rule of law prescribed by the Basic Law
All people being equal before the law: Everyone, regardless of the status or
position, and whether he or she is a public official or a resident, is subject to legal
constraints and must bear legal responsibilities without exception.
All people having to abide by the law: The spirit of rule of law requires all
members of society to respect and abide by the law.
The power of government being derived from the law: The government must
abide by the law. The power of the government and all public officials, as well as
the decision-making process, are based on the law.
Judicial independence: , The judiciary must be independent from its executive
and legislative bodies. The government, legislators and regulators must obey and
respect judicial decisions by the courts.
Importance of the rule of law to the development of society
Maintaining social stability and prosperity: The spirit of the rule of law places
great importance on ensuring that all members of society receive fair treatment
under the judicial system.
Promoting competitiveness: The Basic Law provides legal protection for the
global investors in Hong Kong, and promotes Hong Kong as a major international
legal and dispute resolution centre in the Asia-Pacific region.
Chapter 3 Provisions of the Basic Law on the rights and
duties guaranteed by international agreements
A Provisions of the Basic Law on the implementation of
international agreements
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New Trend Citizenship,Economics and Society Module 1.4
Revision Notes Rights and Duties
Keywords:
1. United Nations (UN) 聯合國
Established in 1945, the United Nations is an inter-governmental international
organisation composed of sovereign states. China is a founding member of the UN
and a permanent member of the UN Security Council.
Values:
Human rights and responsibilities
Respect for others
Equality
Common good
The implementation of international agreements
The Central Government has approved a series of United Nationsbo international
agreements in order to protect the rights of different groups in society.
B Rights of the child
Values:
Freedom
Respect for others
Right to survival
Children should enjoy a decent standard of living to meet their basic need in life.
Children should enjoy basic social security, child care services and facilities to
support children's physical and mental development.
Right to participation
Conditon: Under the permission by law, respect for the rights and reputations of
others, and protection of national security and public order.
Children should enjoy freedom to express their ideas and beliefs, as well as
freedom of association and peaceful assembly.
Right to development
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New Trend Citizenship,Economics and Society Module 1.4
Revision Notes Rights and Duties
Children have the right to receive all forms of education, enjoy living conditions
that can foster their physical, mental, spiritual, moral and social development.
Children should enjoy the chances of leisure, entertainment and participation in
cultural activities.
Right to protection
The right to protection includes preventing children against discrimination, abuse
and neglect, and protecting children who have lost their families.
C Rights and duties related to the elimination of prejudice and
discrimination
Keywords:
1. race 種族
It refers to the race, colour, descent, national or ethnic origin of a person.
2. Equal Opportunities Commission (EOC) 平等機會委員會（平機會）
It is an institution which aims at implementing the anti-discrimination work and
promoting equal opportunities in order to build a harmonious society.
3. ethnic minorities 少數族裔
Ethnic minorities refer to persons of non-Chinese ethnicity.
Values:
Equality
Justice
Respect for others
Common good
Legal protection
The Sex Discrimination Ordinance
The Disability Discrimination Ordinance
The Family Status Discrimination Ordinance
The Race Discrimination Ordinance
Establishing institution
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New Trend Citizenship,Economics and Society Module 1.4
Revision Notes Rights and Duties
Equal Opportunities Commission (EOC): aims at implementing the anti-
discrimination work and promoting equal opportunities in order to build a
harmonious society.
Promoting diversity and inclusiveness
A diversified and inclusive society accepts the qualities of different people and
ensures all people are treated fairly.
Non-governmental institutions and charities: To help different groups of people to
integrate into the society. For example, they help the ethnic minoritiesbr to adapt
to the life in Hong Kong.
Government and transportaion: Providing assistive equipment to make the
environment more accessible for people with disabilities.
Dedicated to respecting and accepting different people
Accept and appreciate the uniqueness of others including their races, languages,
religions and backgrounds.
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