What must happen if previously existing laws are found to contradict the Basic Law?

What must happen if previously existing laws are found to contradict the Basic Law?

• A. They should remain until further notice
• B. They should cease to exist
• C. They must be amended or cease to have force
• D. They become unenforceable

Answer: (C)

When previously existing laws are found to contradict the Basic Law, they must be amended or cease to have force. This is rooted in the principle of the supremacy of the Basic Law as the constitutional document of the Hong Kong Special Administrative Region. The Basic Law provides the legal foundation for governance in Hong Kong and establishes that any existing laws that conflict with it do not hold validity in the context of the Basic Law's provisions. This means that any law that is inconsistent with the Basic Law cannot simply remain in effect or be deemed unenforceable without a clear process to amend it. Therefore, the proper course of action is to amend those laws to align with the Basic Law or to formally declare those laws as having no legal effect, thereby ceasing to be enforceable. This upholds the integrity and authority of the Basic Law as the central legal framework governing Hong Kong's legal and political landscape.

When previously existing laws are found to contradict the Basic Law, they must be amended or cease to have force. This is rooted in the principle of the supremacy of the Basic Law as the constitutional document of the Hong Kong Special Administrative Region. The Basic Law provides the legal foundation for governance in Hong Kong and establishes that any existing laws that conflict with it do not hold validity in the context of the Basic Law's provisions.

This means that any law that is inconsistent with the Basic Law cannot simply remain in effect or be deemed unenforceable without a clear process to amend it. Therefore, the proper course of action is to amend those laws to align with the Basic Law or to formally declare those laws as having no legal effect, thereby ceasing to be enforceable. This upholds the integrity and authority of the Basic Law as the central legal framework governing Hong Kong's legal and political landscape.