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Further, the rule of law requires that the courts are independent of the executive.This independence is crucial if impartial rulings are to be given when the legality of acts of government falls to be decided.These rights include the right to equality before the law; 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; freedom of movement; freedom of conscience; and freedom of religious belief.The Basic Law also guarantees that the provisions of the International Covenant on Civil and Political Rights; of the International Covenant on Economic, Social and Cultural Rights; and of the International Labour Conventions as applied to Hong Kong will remain in force.The HKSAR enjoys executive, legislative and independent judicial power, including that of final adjudication, in accordance with provisions of the Basic Law.Although foreign affairs relating to the HKSAR are the responsibility of the Central People's Government, the HKSAR is authorised to conduct relevant external affairs on its own in accordance with the Basic Law.
In both cases a court would hold that the decisions were legally invalid.
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.
At the heart of Hong Kong's system of government lies the principle that no one, including the Chief Executive, can do an act which would otherwise constitute a legal wrong or affect a person's liberty unless he can point to a legal justification for that action.
If he cannot do so, the affected person can resort to a court which may rule that the act is invalid and of no legal effect.
The Chief Executive is the head of the HKSAR and is accountable to the Central People's Government and the HKSAR.