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INFORMATION NOTE

The Hong Kong Garrison of the Chinese People's Liberation Army

1.

Background

1.1

The Government introduced the Adaptation of Laws (Military

References) Bill 2010 ("Bill") into the Legislative Council on

14 July 2010. The Bill aims to adapt certain military-related references

in the laws of Hong Kong in order to bring these references into

conformity with the Basic Law and the status of Hong Kong as a Special

Administrative Region of the People's Republic of China.

1.2

To facilitate the scrutiny work of the Bills Committee on

Adaptation of Laws (Military References) Bill 2010, the Research

Division has compiled some background information on the Hong Kong

Garrison of the Chinese People's Liberation Army ("Hong Kong

Garrison") including its overview and relationship with the Hong Kong

Special Administrative Region ("HKSAR") Government, obligations and

rights of and jurisdiction over members of the Garrison and land used by

the Garrison in Hong Kong.

2.

Overview of the Hong Kong Garrison

Formation of the Hong Kong Garrison

2.1

In October 1990, the Central Government started preliminary

work for preparing the Chinese People's Liberation Army ("PLA") to be

stationed in Hong Kong after the adoption of the Basic Law of the Hong

Kong Special Administrative Region by the National People's Congress

on 4 April 1990.

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2.2

On 25 October 1994, the Central Military Commission ("CMC")

officially announced the formation of the Hong Kong Garrison in

Shenzhen. The State Council and CMC jointly declared that the

Garrison was fully operational in the Shenzhen military base on

28 January 1996.

2.3

The principal law governing the operation of the Hong Kong

Garrison, Law of the People's Republic of China on the Garrisoning of

the Hong Kong Special Administrative Region ("Garrison Law")

1

, was

passed by the National People's Congress and came into force in Hong

Kong on 1 July 1997.

2.4

Under the agreement of the Sino-British Joint Liaison Group, a

total of 196 advance personnel of the Hong Kong Garrison came to Hong

Kong between April and May 1997 in three phases to make practical

preparation for the transfer of defence responsibility for the territory, and

500 advance troops of the Garrison entered Hong Kong on 30 June 1997.

A 4 000-strong troop of the Garrison composed of the ground force, the

navy and the air force arrived at Hong Kong on 1 July 1997, the

establishment day of the HKSAR.

Responsibilities of the Hong Kong Garrison

2.5

According to Article 14 of the Basic Law, the Central

Government shall be responsible for the defence of Hong Kong. It has

established the Hong Kong Garrison "for defence, and to maintain the

sovereignty, unity and territorial integrity of the State and the security of

Hong Kong

2

". Accordingly, under Article 5 of the Garrison Law, the

Garrison performs the following functions and responsibilities: preparing

against and resisting aggression, and safeguarding the security of Hong

Kong, carrying out defence duties, controlling military facilities, and

handling foreign-related military affairs

3

.

1

Article 18 of the Basic Law stipulates that, "National laws shall not be applied in Hong Kong

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 Garrison Law is the national law listed

in Annex III to the Basic Law on 1 July 1997 and is applied in Hong Kong by the Promulgation of

National Laws (No.2) 1997.

2

See Article 1 of the Garrison Law.

3

For example, the Hong Kong Garrison provides assistance for events such as the visits of foreign

warships and military attachés to the territory.

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Basic facts on the Hong Kong Garrison

2.6

With its headquarters at the Chinese People's Liberation Army

Forces Hong Kong Building in Central (known as the Prince of Wales

Building before the reunification), the Hong Kong Garrison is currently

under the leadership of the commander, Lieutenant General Zhang Shibo

(張仕波中將 ) and the political commissar

4

, Lieutenant General

Wang Zengbo (王增鉢中將). As to its accountability, the Garrison is

accountable to CMC for its performance and activities

5

.

2.7

The military expenditure for the Hong Kong Garrison shall be

borne by the Central Government

6

. In practice, all materials consumed

by the Garrison are supplied by its logistics bases in Guangdong.

7

2.8

Under Article 3 of the Garrison Law, the number of personnel

of the Hong Kong Garrison shall be determined according to the need for

the defence of Hong Kong. While there are no official published figures

for the size of the Garrison, some estimates put the figures at around

8 000

8

to 10 000

9

.

2.9

Under Article 2 of the Garrison Law, the Hong Kong Garrison

is made up of elements of the ground force, the navy and the air force of

the PLA. The stationing and makeup of the three service branches of

the Garrison is summarized as follows:

(a) the ground force of the Garrison stations in barracks

scattered over the territory. Members of the 41

st

and

42

nd

Group Armies from the Guangzhou Military Region

form the backbone of the ground force of the Garrison;

(b) the navy branch is located at the naval base on Stonecutters

Island. Members from the South Sea Fleet form the

backbone of the naval force of the Garrison; and

4

Same as other military units in the Mainland, the Hong Kong Garrison is headed by both a military

commander and a political commissar.

5

The Constitution of the People's Republic of China provides that CMC directs the armed forces of

the country. The Chairman of CMC assumes overall responsibility for the work of CMC and is

accountable to the National People's Congress and its Standing Committee. CMC is currently

chaired by Hu Jintao (胡錦濤 ) who is also the President of the People's Republic of China.

6

See Article 14 of the Basic Law and Article 4 of the Garrison Law.

7

See 廉正明 (1996) and Wisers Information Limited (2011).

8

See Bureau of East Asian Pacific Affairs, Department of State (1998).

9

See Tai Kung Po (2004).

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(c) the air force branch is composed of a helicopter regiment

located at Shek Kong Air Base.

2.10

Article 3 of the Garrison Law requires the Hong Kong Garrison

to practise a system of rotation of its members. In practice, the troop

conducts annual rotation in November every year with the size of forces

remaining unchanged in both personnel and weaponry in each of the

rotation. The first rotation was conducted in 1998 and 12 rotations have

been made since then.

2.11

To foster its integration into the local community, the Hong

Kong Garrison has organized activities such as parade

10

, barrack open day,

student exchange programmes, exhibitions of weapons, martial arts

performances and synchronized drills. The Garrison also participates in

annual tree-planting and blood donation campaigns organized by local

community groups.

3.

Relationship between the Hong Kong Garrison and the

HKSAR Government

3.1

The Hong Kong Garrison and the HKSAR Government each

has its own independent organization structure, and they are not

subordinate to each other. In accordance with Article 14 of the Basic

Law and Article 9 of the Garrison Law, the Garrison shall not interfere in

the local affairs of Hong Kong. Nevertheless, the Garrison can perform

the following duties in Hong Kong under the initiatives of the HKSAR

Government or the Central Government:

(a) the HKSAR Government may, when necessary, ask the

Central Government for assistance from the Garrison in the

maintenance of public order and in disaster relief

11

; and

10

For example, the Hong Kong Garrison held its first parade at Shek Kong Camp to celebrate the

77th Anniversary of the Founding of the PLA on 1 August 2004.

11

Article 14 of the Garrison Law sets out the following procedure for enlisting assistance of the

Hong Kong Garrison: "Where the request of the Government of the Hong Kong Special

Administrative Region is approved by the Central People's Government, the Hong Kong Garrison

shall call out troops in accordance with the order of the Central Military Commission to carry out

tasks of assistance in the maintenance of public order or in disaster relief, and upon completion of

the tasks, the troops shall return to their barracks immediately. The troops of the Hong Kong

Garrison who are called out to assist in the maintenance of public order or in disaster relief, shall,

under the arrangement of the Government of the Hong Kong Special Administrative Region, be

directed by the Commander of the Hong Kong Garrison or the officer authorized by him."

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(b) the Garrison shall perform its duties in accordance with the

provisions of the national laws that the Central Government

decides to apply in Hong Kong in the event that the

Standing Committee of the National People's Congress

decides to declare a state of war or, by reason of turmoil

within Hong Kong which endangers national unity or

security and is beyond the control of the HKSAR

Government, decides that Hong Kong is in a state of

emergency.

3.2

The Garrison Law also contains the following provisions to

stipulate the relationship between the Hong Kong Garrison and the

HKSAR Government:

(a) the HKSAR Government shall support the Garrison in its

performance of defence functions and responsibilities and

guarantee the lawful rights and interests of the Garrison and

its members (Article 10 of the Garrison Law);

(b) the HKSAR Government shall consult the Garrison when

formulating any policy or drafting any legislation which

concerns the Garrison (Article 10 of the Garrison Law);

(c) the Garrison and the HKSAR Government shall establish

necessary liaison to deal with matters concerning the

Garrison through consultation (Article 15 of the Garrison

Law);

(d) the military judicial organs may, through consultation,

maintain juridical relations with the courts and the relevant

law-enforcing organs of Hong Kong, and they may render

assistance to each other (Article 28 of the Garrison Law);

(e) the Garrison and the HKSAR Government shall jointly

protect the military facilities within Hong Kong (Article 12

of the Garrison Law);

(f) the HKSAR Government shall assist the Garrison in

maintaining the security of the military restricted zones

(Article 12 of the Garrison Law); and

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(g) the Garrison shall notify in advance the HKSAR

Government any military activities it is to conduct such as

training exercises and manoeuvres which may affect the

public interests of Hong Kong (Article 11 of the Garrison

Law)

12

.

4.

Obligations and rights of and jurisdiction over members of

the Hong Kong Garrison

Obligations and rights of members of the Hong Kong Garrison

4.1

Members of the Hong Kong Garrison shall abide by the national

laws and Hong Kong laws, observe obligations under the Garrison Law

as well as follow orders and directives of the PLA. According to

Article 19 of the Garrison Law, any member of the Garrison who

contravenes any national laws or Hong Kong laws shall be investigated

for legal responsibilities according to law and those who breach military

disciplines shall be subject to disciplinary sanction.

4.2

In addition to the rights and immunities prescribed by the laws

in force in Hong Kong

13

, the Hong Kong Garrison and its members are

entitled to the following rights under the Garrison Law:

(a) no weapon and equipment, such as aircraft, vessels,

materials, members or vehicles of the Garrison that bear a

certificate or a document of certification issued by the

Garrison showing that the bearer is on official duty, shall be

inspected, searched, seized or detained by any

law-enforcing officer of Hong Kong (Article 7 of the

Garrison Law);

12

For example, the gazette is published in advance to notify the public of the firing exercises of the

Hong Kong Garrison. The Garrison also informs the HKSAR Government and the public of any

sailing mission and flying training.

13

Section 2A(2)(c) of the Interpretation and General Clauses Ordinance stipulates that provisions

relating to the rights, exemptions and obligations of military forces stationed in Hong Kong by the

United Kingdom shall, subject to the provisions of the Basic Law and the Garrison Law, continue

to have effect and apply to the military forces stationed in Hong Kong by the Central Government.

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(b) members of the Garrison may, in accordance with the laws

in force in Hong Kong, take measures to stop any act which

obstructs their performance of official duties (Article 8 of

the Garrison Law);

(c) guards of the military restricted zones shall have the rights

to stop according to law any unauthorized entry into the

military restricted zones or any act which damages or

endangers any military facilities (Article 12 of the Garrison

Law); and

(d) members of the Garrison may exercise the powers

conferred by Hong Kong laws in the course of rendering

assistance in the maintenance of public order or in disaster

relief (Article 14 of the Garrison Law).

Jurisdiction over members of the Hong Kong Garrison

4.3

Under Article 19 of the Basic Law, the courts of Hong Kong

shall have jurisdiction over all cases in Hong Kong but have no

jurisdiction over acts of state such as defence

14

. They shall also issue

judgments or orders concerning arrangement of the property of the Hong

Kong Garrison but shall not enforce judgments or orders on any weapon,

equipment, materials or other property of the Garrison.

4.4

Different arrangements are provided under Chapter V of the

Garrison Law regarding the jurisdiction of Hong Kong courts and law

enforcement agents over criminal offences and civil cases involving the

Hong Kong Garrison. Under Article 20 of the Garrison Law, criminal

offences committed by members of the Garrison shall be under the

jurisdiction of military judicial organs. Nevertheless, acts committed by

members of the Garrison, when not performing their official duties, in

violation of the personal right or property right of Hong Kong residents or

persons not of the Garrison and other offences committed in violation of

the Hong Kong laws, which constitute crimes shall be subject to

jurisdiction of the courts and the relevant law-enforcing organs of Hong

Kong.

14

Article 26 of the Garrison Law also provides that acts of State, such as actions for defence taken

by the Hong Kong Garrison, shall not be subject to the jurisdiction of the courts of Hong Kong.

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4.5

Under Article 21 of the Garrison Law, any member of the Hong

Kong Garrison, who is lawfully arrested as a suspected offender by a

law-enforcing officer of Hong Kong, shall be handed over to the Garrison

for custody. Article 22 of the Garrison Law provides that any member

of the Garrison sentenced by a court of Hong Kong to criminal

punishment which deprives him or her of or restrict his or her personal

freedom shall be delivered for sentence enforcement according to the

Hong Kong laws except when it is determined otherwise by a relevant

law-enforcing organ of Hong Kong and military judicial organ for the

place of sentence enforcement through consultation.

4.6

Article 23 of the Garrison Law provides that cases of tort

arising from acts committed by members of the Hong Kong Garrison

when performing their official duties shall be subject to the jurisdiction of

the Supreme People's Court and cases arising from acts committed by

members of the Hong Kong Garrison when not performing their official

duties shall be subject to the jurisdiction of the courts of Hong Kong.

Article 24 of the Garrison Law regulates the contractual disputes arising

within Hong Kong between any organ or unit of the Garrison and any

Hong Kong resident or other person not of the Garrison. The parties

concerned may institute legal proceedings in a court of Hong Kong.

5.

Land used by the Hong Kong Garrison

Military bases used by the Hong Kong Garrison

5.1

The Central Government and the Government of the United

Kingdom signed the Exchange of Notes between the Government of the

United Kingdom of Great Britain and Northern Ireland and the

Government of the People's Republic of China on the Arrangements for

the Future Use of the Military Sites in Hong Kong ("Notes") in

November 1994. The Notes set out the following arrangements relating

to lands to be used by the Hong Kong Garrison after 1997:

(a) the handover of 14 military sites with a total area of

2 751 hectares, without compensation, by the Government

of the United Kingdom to the Central Government for use

exclusively for defence purposes by the Garrison as from

1 July 1997

15

;

15

See Appendix I for details of these 14 military sites.

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(b) the handover of 25 military sites with a total area of

139 hectares, which were no longer required for defence

purposes, without compensation, to the Hong Kong

Government for disposal in order to accommodate the

needs of Hong Kong for social and economic development;

and

(c) the reprovisioning of five military buildings and fixed

facilities

16

due to the return of the 25 military sites for the

disposal of the Hong Kong Government

17

.

5.2

In addition to the military sites in Hong Kong, the Hong Kong

Garrison has logistics bases and training camps in Guangdong which

provide daily necessities and spare parts of aircraft, vessels and vehicles

as well as offer military training for the troops respectively.

Provisions governing the use of land by the Hong Kong Garrison

5.3

When using the military bases, the Hong Kong Garrison shall

comply with the relevant legal provisions in Hong Kong. The Notes

provide that the Garrison shall abide by the relevant stipulations of Hong

Kong laws on the development and use of land and on urban construction

and planning while ensuring the effective discharge of its defence

responsibilities. In addition, the military sites handed over to the

Garrison shall be used exclusively for defence purposes. The right to

use the military sites shall not be transferred and the sites shall not be

made available to others for purposes other than defence.

16

On 8 July 1994, the Finance Committee of the Legislative Council approved a grant of

HK$3.97 billion to reprovision military facilities to be used by the Hong Kong Garrison after the

reunification.

17

See Appendix II for details of these five military buildings and facilities.

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5.4

Under Article 12 of the Garrison Law, the Hong Kong Garrison

shall delimit military restricted zones in conjunction with the HKSAR

Government

18

and protect the natural resources, historical relics and

monuments, and other non-military rights and interests within the military

restricted zones in accordance with Hong Kong laws

19

.

5.5

Under Article 13 of the Garrison Law, when the Central

Government considers that any military sites used by the Hong Kong

Garrison are no longer needed for defence purpose, it can approve the

return of these sites without compensation to the HKSAR Government

for disposal. If the HKSAR Government requires for public use any

part of the military sites used by the Garrison, it shall seek the approval of

the Central Government. The HKSAR Government shall in return

provide land and military facilities for the Garrison at such sites agreed to

by the Central Government, and shall bear all the expenses and costs

entailed.

Prepared by Raymond CHOW

17 January 2011

Tel: 2509 3190

------------------------------------------------------------------------------------------------------------------------------------------

Information notes are compiled for Members and Committees of the Legislative Council. They are not legal or

other professional advice and shall not be relied on as such. Information notes are subject to copyright owned

by the Legislative Council Commission (the Commission). The Commission permits accurate reproduction of

information notes for non-commercial use in a manner not adversely affecting the Legislative Council, provided

that acknowledgement is made stating the Research Division of the Legislative Council Secretariat as the source

and one copy of the reproduction is sent to the Legislative Council Library.

18

The locations and boundaries of the military restricted zones shall be declared by the HKSAR

Government.

19

Under the Notes, major non-military interests in the military sites handed over to the Hong Kong

Garrison include rights of way, reserves, permitted burial areas, government installations and

registered sites of special scientific interest. The Notes provide that, "if such non-military

interests, together with other government installations, installations of utility companies, and

ancestral graves constitute rights and obligations valid under the laws previously in force in Hong

Kong, or lawful traditional rights and interests of the indigenous inhabitants of the New Territories,

they shall, provided that they do not contravene the provisions of the Basic Law, continue to be

valid, and be recognized and protected as from 1 July 1997."

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Appendix I

Military sites handed over to

the Hong Kong Garrison for defence purpose

(1)

Location

Site

Area

(hectare)

1. The western part of the Prince of Wales

Barracks, Central

2.8

2. Stanley Barracks, Stanley Peninsula

122.3

3. Head Quarter House, Barker Road, The

Peak

0.5

4. Queen's Lines, Admiralty

1.4

Hong

Kong

Island

5. Bonham Towers military quarters,

Mid-Levels

0.1

6. Gun Club Hill Barracks, 127 Austin Road,

Tsim Sha Tsui

(2)

11.0

7. Osborn Barracks, Kowloon Tong

10.0

8. Senior Officer's Residence, 1A Cornwall

Street, Kowloon Tong

0.1

Kowloon

9. Stonecutters Island

(3)

75.7

10. Shek Kong Camp and Shek Kong Village,

Yuen Long

159.0

11. Cassino Lines and Tam Mi Camp, Yuen

Long

57.0

12. Gallipoli Lines and San Wai/Tai Ling Firing

Range, Fanling

47.5

13. Castle Peak Firing Range, Tuen Mun and

Yuen Long

2 263.0

New

Territories

14. Naval Coastal Watching Station, Tai O,

Lantau Island

0.3

Total 2 750.7

Notes: (1) See Treaty Series No. 44 (1995): Exchange of Notes between the Government of the United

Kingdom of Great Britain and Northern Ireland and the Government of the People's

Republic of China on the Arrangements for the Future Use of the Military Sites in Hong

Kong and the Future of the Defence Estate.

(2) From 1 July 1997, the United Services Recreation Club has continued to enjoy the use of

all its facilities on the same terms as before. Its membership remains open to civilians.

The Commander of the Hong Kong Garrison or his representative assumes the

responsibilities for the direction and control of the Club.

(3) The civil explosives on the Island are relocated elsewhere while the existing military

explosives depot is retained.

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Appendix II

Reprovisioning of military buildings and fixed facilities for

the Hong Kong Garrison

(1)

Location

Site

Hong

Kong

Island

1. 150 metres of the eventual permanent waterfront to be

left free at the Central and Wanchai Reclamation at a

place close to the Prince of Wales Barracks for the

construction of a military dock

(2)

2. Naval base on the south shore of Stonecutters Island to

replace the former Tamar naval base, Central

Kowloon

3. Military hospital at Gun Club Barracks to replace the

British Military Hospital, King's Park

4. Military storage facilities at Shek Kong Camp to

replace the Blackdown Barracks, San Po Kong

New

Territories

5. Military Joint Movements Unit at Chek Lap Kok

Airport to replace the Military Joint Movements

Unit site, Kai Tak Airport

Notes: (1) See Treaty Series No. 44 (1995): Exchange of Notes between the Government of the United

Kingdom of Great Britain and Northern Ireland and the Government of the People's

Republic of China on the Arrangements for the Future Use of the Military Sites in Hong

Kong and the Future of the Defence Estate.

(2) Military buildings and fixed facilities have been reprovisioned for the Hong Kong Garrison

as from 1 July 1997 except for the proposed military dock at the waterfront at the Central

and Wanchai Reclamation.

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References

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Hong Kong, the Government Printer.

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(2011)

Available

from:

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