nal relationship between the state and‘the HKSAR Consider the following sources. Then answer the questions Source A: Adapted from "The Basic Law and Hong Kong - The 15th Anniversary of Reunification with the Motherland” and the HKSAR National People's Congress Standing Committee of the NPC State Council Hong Kong and Macao Affairs Office Dine saioship | Au sy Chief Executive of the HKSAR The Basic Law: the relationship between the Central Authorities ‘Authors Arid 12 Legislative Couneil HKSAR Government Judiciary Chief Secretary for Administration Financial Secretary Secretary for Justice Bureaux/departments ‘Court of Final Appeal High Court District Court Other courts Source B: Decision of the NPC on Improving the Electoral System of the Chief Executive and the Legislative Council of the HKSAR in 2021 The NPC passed the Decision on Improving the Electoral System of the HKSAR ‘The Standing Commitee of the NPC was authorised to amend Annex I to the Basic Law on Method for the Selection of the Chief Executive of => the HKSAR and Annex II to the Basic Law on Method for the Formation of the Legislative Council of the HKSAR and its Voting Procedures Pursuant to the Decision, che HKSAR Government amends the relevant local legislation in accordance to the amended Annex I and Annex II to the Basic LawTopic 1 The Meaning and Implementation of "One Country, Two Systems Source C: Two pictures of buildings relevant to offices of the Central People’s Government in Hong Kong Picture 1 Picture 2 sgEEEE ARM AE REAR AR Source D: Adapted from the HKSAR Government's press release on April 4, 2020 Article 109 of the Basic Law confirms Hong Kong's status as an international financial centre and stipulates that the Government of the HKSAR shall provide an appropriate economic environment. Under the Basic Law for example, the ftee flow of capital is protected and hhas attracted a large number of foreign direct investment and companies using Hong Kong as an ideal platform for IPOs and fund raising, Over the past ten years, Hong Kong has topped the annual global IPO rankings six times. Also, Chapter 3 of the Basic Law stipulates the rights and obligations of Hong Kong residents. Hong Kong residents shall have freedom of speech, of the press and of publication; freedom of association, of assembly, of procession and of demonstration; abide by the law ete. These are not empty talks, in 2019 for example, there were more than 11,000 cases of public procession and assembly in Hong Kong, which was ten times the number of 1997. These processions and assemblies, so long as they are carried ‘out peacefully and legally, ae respected by the SAR government.ional and legal basis of "One Country, Two Systems’ | Cat (a) Which of the following are the features of the constitutional order of the PRC? (1 mark) (1) The powers exercised by the local authorities originate from the Central Authorities. (2) The Central and local authorities have their own constitutions. (3) The administrative units of the country are geographically divided. (4) The Central Authorities exercise all powers on behalf of the state. (1) and (2) only (1), (3) and (4) only (2), (3) and (4) only (1), (2), (3) and (4) one, (b) What is the significance of the Constitution and the Basic Law in the establishment of "One Country, Two Systems”? (1 mark) (1) Institutionalising the policy of "One Country, Two Systems” 2) Affirming the status of “One Country, Two Systems” in the Constitution (3) Providing objective criteria for the implementation of "One Country, Two Systems” A (only B (1) and (3) only C Q)and (8) only D (1), (2) and (3) (0 With reference to source A, state and explain the relationship between the country and the HKSAR as stipulated in the Basic Law. (2 marks) (d) With reference to sources B and C, what are the powers of the Central Authorities in the governance of the HKSAR as stipulated by the Basic Law? (6 marks) (@) How does the Basic Law help safeguard the prosperity and stability of Hong Kong society? With reference to source D and your own knowledge, explain your answer. (6 marks)Topic 1 20 The Meaning and Implementation of “One Country, Two Systems @ ©) © @ 8 (1 mark) D (1 mark) ‘As designated by the Basic Law, the relationship between the country and the HKSAR is a relationship between authorising and the authorised. According to source A, the powers enjoyed by the HKSAR originate from the Central Authorities. The Standing Committee of the National People's Congress delegates executive power to the Chief Executive and the HKSAR Government; the National People's Congress delegates legislative power to the Legislative ‘Council. (2 marks) Suggested marking guidelines Marks ‘The candidate: + with reference to source A, explains the relationship between the country and the HKSAR as| 2 stipulated in the Basie Law ' Their relationship is one between authorising and the authorised. e.g. The Standing Commitee of the National People’s Congress delegates executive power to the Chief Executive and the HKSAR Government; the National People’s Congress delegates legislative power to the Legislative Council + attempts to explain the relationship between the country and the HKSAR as stipulated in the Basic] 1 Law, but some of the explanation may not be correct + makes no attempt to answer the question o + gives an answer which is not relevant to the question The Basic Law stipulates that the Central Government has the power to amend the electoral systems of the Chief Executive and the Legislative Council of the HKSAR, With reference to the example in source B, the NPC passed the Decision on improving the Electoral System of the HKSAR, and authorised the Standing Committee of the NPC to amend Annex | and Annex Ito the Basic Law, The HKSAR Government, pursuant to the Decision and the amended ‘Annex | and Annex I to the Basic Law, amended the local laws regarding the electoral systems of Chief Executive and the Legislative Council of the HKSAR, (2 marks) Foreign affairs are related to national sovereignty. Therefore, under the Basic Law, they are within the purview of the Central Government. Picture 1 in source C shows the Office of the Commissioner of China's Foreign Ministy in the Hong Kong SAR established by Chinas Ministry of Foreign Affairs in the HKSAR, which is the agency for handing of the foreign affairs relating to the HKSAR.(2 marks) Defence is related to national sovereignty. Therefore, under the Basic Law, itis within the purview of the Centra Government, whose duties including the garrisoning of Hong Kong. Picture 2 in source C shows the Chinese People's Liberation Army Forces Hong Kong Building, where the PLA Hong Kong Garrison handles the defence affairs of the HKSAR. (2 marks) Suggested marking guidelines Marks ‘The candidate: * with reference to sources B and C, explains the powers of che Central Authorities in the governance] 5-6 of the HKSAR as stipulated by the Basie Law, eg© Chapter 2. Constitutional and legal basis of “One Country, Two Systems = The Central Authorities have the power to amend the electoral systems of the Chief Executive and the Legislative Council of the HKSAR, The NPC passed the Decision on Improving the Electoral System of the HKSAR and authorised the Standing Committee of the NPC to amend Annex I and Annex I to the Basic Law. The HKSAR Government, pursuant to the Decision and the amended Annex I and Annex II to the Basic Law, amended the local laws regarding the clectoral systems of Chief Executive and the Legislative Council of the HKSAR (source B) * Foreign affairs are related to national sovereignty. Therefore, they are within the purview of the Central Government, Picture 1 in source C shows the Office of the Commissioner of the Ministry of Foreign Affairs of the PRC in the HKSAR, which is the agency for handling of the foreign affairs relating to the HKSAR. # Defence is related to national sovereignty. Therefore, it is within the purview of the Central Government, whose duties including the garrisoning of Hong Kong. Picture 2 in source C shows the Chinese People’s Liberation Army Forces Hong Kong Building, where the PLA Hong Kong Garrison handles the defence afairs of the HKSAR + provides a well-structured, clear and in-depth elaboration + based on the sources provided, attempts to state and explain the powers of the Central Authorities] 3-4 in the governance of the HKSAR as stipulated by the Basic Law, but the elaboration is insufficient in detail / similar or noc targeted; oF is only able co clearly state and elaborate on some of the powers with sufficient details; makes use of some points of relevance in the sources, but not comprehensive enough provides a well-structured elaboration, though it might lack clarty/ details in parts briefly states and explains the powers of the Central Authorities in the governance of the HKSAR | 1-2 as stipulated by the Basic Law; or explains some powers vaguely, but some of the explanation is not correct uses the sources/information in a limited manner or sometimes inappropriately + makes no attempt to answer the question 0 + gives an answer which is not relevant to the question Consolidating Hong Kong's status as an international financial centre: The Basic Law, in legal form, protects the basic policies of the country regarding Hong Kong, and also maintains the systems and the previous way of life in Hong Kong. The HKSAR therefore continues to practise the capitalist system and an economic system that is free and open, thereby maintaining its status as an international financial, trade and shipping centre, As stated in source D, the Basic Law protects the free flow of capital and has attracted a large number of foreign direct investment and companies using Hong Kong as an ideal platform for IPOs and fund raising. As a matter of fact, over the past ten years, Hong Kong has topped the annual global IPO rankings six times. The implementation of the Basic Law can help maintain Hong Kong's economic advantages and competitiveness, promoting social and economic prosperity and stabil (3 marks) Safeguarding the rights and freedoms of Hong Kong residents: The Basic Law, in legal form, protects the rights and freedoms of Hong Kong residents. These indude freedom of speech, of the press and of publication; freedom cf association, of assembly, of procession and of demonstration. The Basic Law, at the same time, prescribes the fundamental duty of the residents, ie. abiding by the law. According to source D, there were more than 11,000 ‘cases of public procession and assembly in Hong Kong in 2019, which was ten times the number of 1997. The HKSAR Government respects public procession and assemblies as long as they are carried out peacefully and legally This ensures that the freedoms and rights of Hong Kong residents are protected by law, and also enables their understanding of the fulfiment of personal obligations to become good citizens, thereby maintaining public order and social prosperity and stability (3 marks) 21Topic 1 22 The Meaning and Implementation of “One Country, Two Systems Suggested marking guidelines Marks The candidate: + with reference to source D, explains how the Basic Law helps safeguard the prosperity and stability of Hong Kong, eg Consolidating Hong Kong’ status as an international financial centre: The Basic Lavy in legal form, protects the basic policies of the country regarding Hong Kong, and also maintains the systems and the previous way of life in Hong Kong. The HKSAR therefore continues to practise the capitalist system and an economic system that is free and open, thereby maintaining its status as an international financial, trade and shipping centre. For example, the Basie Law protects the fire flow of capital and has attracted a large number of foreign ditect investment and companies using Hong Kong as an ideal platform for IPOs and fund raising, Hong Kong topped the annual global IPO rankings six times aver the past ten years (source D), Therefore, the implementation of the Basic Law can help maintain Hong Kong's economic advantages and competitiveness, promoting social and economic prosperity and stability. = Safeguarding the rights and freedoms of Hong Kong residents: The Basic Laws, in legal form, protects the rights and freedoms of Hong Kong residents. At the same time, it prescribes the fundamental duty of the residents. There were more than 11,000 cases of public procession and assembly in Hong Kong in 2019, which was ten times the number of 1997. The HKSAR Government respects public procession and assemblies as long as they are carried out peacefully and legally (source D). This ensures that the freedoms and rights of Hong Kong residents are protected by law, and also enables their understanding of the fulfilment of personal obligations to become good citizens, thereby maintaining public order and social prosperity and stability + provides a well-structured, clear and in-depth elaboration 56 * based on source D, attempts to explain how the Basic Law helps safeguard the prosperity and stability of Hong Kong, but the elaboration is insufficient in detail / similar or not targeted; or is only able to clearly elaborate on some of the explanation + makes use of some points of relevance in the source, but not comprehensive enough + provides a well-structured elaboration, though it might lack clarity/ details in parts 34 * briefly explains how the Basie Law helps safeguard the prosperity and stability of Hong Kong, or explains vaguely, but some of the explanation is noc correct + make use the source in a limited manner or sometimes inappropriately + makes no attempt to answer the question, + gives an answer which is not relevant to the question