1. One Country Two Systems ~ Ori - f the Question of HK & Constitutional Relationship CONSTI a ITUTIONAL RELATIONSHIP BETWEEN THE COUNTRY AND THE HKSAR, LI a ae R, LEGAL BASIS OF “ONE COUNTRY, TWO SYSTEMS” AND THE BASIC The state (Textbook P.29 to 33) mai pen Explanation Elements ofa country Tdability {0 acta blisn vojati o's wit {uotuer coum trie Chinaisa_wnitay 4) state which is a AV fl td country divided into a number of AVM VIGTALIV 2 regions [004 levels).1. One Country Two Systems ~ Origin of the Question of HK & Constitutional 4 | Relationship Key point Explanation People’s Republic of China There is only highest organ of power, state organ system, and P M0 constitution in the country. The highest state power is exercised by the Natiowal i cup ) which has 20 Gat é power, On the other hand, all ad WHIM Lat 0. units are under the (OyIt} A People’s Government (Pb / Sia Counc | which has_@¥ QCUt iV 0 power. have no fixed power and their powers are granted by the (PVI4{a Aut That is, local governmentsSs 1. One Country Two Systems — Origin of the Question of HK & Constitutional Relationship B. Legal basis of “one country, two systems” and the Basie Law (Textbook P.32, 33, 43 & 44) Key point Explanation The state | The state Constitution provides a legal basis for Constitution |@ : establishes | @ the basic policy of “one “One oath Within the PRC, the HKSAR is an country, part and a local two ea ae TYALIY 0 region directly under the systems” CPG “Two systems”: ‘Within the “one country”, the main body of the country practises COCIAL|(W/ while Hong Kong practises l Acomplete concept “One each other or in ‘The two parts cannot be 62 A) | At ed from One country, two systems ystom ¢ ”, while “two systems” are_(ULbO/ Aa e __to and derive from “one country” It with each other. is the prerequisite for and foundation of “two Developing a sense of 0 0 adhering to the principle of “one _(.01 vty ye = for the implementation of the BAC| 6 1a the HKSAR to practise “one country, two systems” according to the Basic Law, it must fully respect the (0 14 {1 tothe COUNTY) and are the core requirements For system practised on the Mainland.1. One Country Two Systems ~ Origin ofthe Question of HK & Constitutional Relationship Key point Explanation The state {State Constitution Constitution | ® Article 31: The state may establish special administrative regions when necessary. and the ‘The systems instituted in special administrative regions shall, in light of specific Basic Law Circumstances, be prescribed by laws enacted by the NPC. © Article 62: The NPC shall exercise the following functions and powers: ... (14) deciding on the establishment of special administrative regions and the systems to be instituted there. Basic Law © Article 1; The HKSAR is an inalienable part of the PRC. © Article 12: The HKSAR shall be a local administrative region of the PRC, which shall enjoy a high degree of autonomy and come directly under the CPG. State Constitution + Basic Law © Articles 31 and 62 of the state Constitution clearly gives power to the Coytya Vituovi ti to establish special administrative regions (SARs). On the other hand, Article 1 of the Basic Law states that Hong Kong is within China’s Yat system while Article 12 mentions that the establishment of the SAR was authorized by the NPC. They are the fundamental provisions which stipulate the a status of the HKSAR. ‘The Central Authorities exercise overall JU [j over the HKSAR, which includes both the powers directly exercised by the hal and those granted to the HKSAR to exercise a high degree of 0 in accordance with the law. 2|. One Country Two Systems ~ Origin ofthe Question of HK & Constitutional Relationship C. The Central Authorities’ power over the HKSAR (Textbook P.33 to 35) Power = —— Explanation EGIA bl ishing Articles 31 and 62 of the state Constitution granted the (OVItAJ HURHE CARY AULMOVILiPC power to establish the HKSAR and its systems. 44 FOYWI\V14 {VP The Central Authorities have the power to em the CHIPE EOC ELV 2 YQAVS Hex and the priya) official’ Of POWeY | All Chief Executives are sworn in by the leader of the CPG Guidivig {|i Article 43 of the Basic Law: The CE of the HKSAR shall be Skis to the QOVOL WAV CRG andthe HICCAR in accordance with the provisions of this Law. For example, the E reports his/her work to the Central Authorities every year. Avidl\1a) | Article 13 of the Basie Law: The CPG shal be responsible forthe foreign Fore qv affairs relating to the HKSAR. The Ministry of Foreign Affairs of the PRC shall af fair § establish an office in Hong Kong to deal with foreign affairs. Yowidl9 | Anicle 14 of the Basic Law: The CPG shal be responsible for the defence of APFOVICR — | the HKSAR. For example, the Hong Kong Garrison of the Chinese 00) | P’( (the Hong Kong Garrison) A RRRVCELE-S ERE stations in Hong Kong. icle 158 of the Basic Law: The power of interpretation of this Law shall be and sted in the aNd 9 Commit toe of the tio pacic | National People’ (ovigr ec : law ‘The SCNPC shall authorize the courts of the H(A to interpret on their own, in adjudicating cases, the provisions of this Law which are within the limits of the AVL 0 ov of the Region. Has the Basic Law been interpreted before? (fiw 0¢ (p30 oa time for National (ecuyity Aw1 One Country Two Systems = Origin of the Question of HK & Constitutional Relationship Power Explanation “Aricle 159 of the Basie Law: The power of amendment of this Law shall be ; 1 vested in the NA{19 14 | ; ‘The power to propose bills for amendments to this Law shall be vested in the ythe C104 0 CouiC) and the Has the Basic Law been amended before? d Land (Lin 7021 Ay l4ig iatiovial Awd Article 18 of the Basic Law: National laws shall not be applied in the HKSAR ‘except for those listed in Annex III to this Law. The laws listed therein shall be applied locally by way of promulgation or 1001 A (0/1 by the Region, ‘fpNe O{Mer powie ‘Qhe Central Authorities can exercise other powers relating to national Article 18 of the Basic Law states that the Central Authorities can declare a state of _\ ay of that the HKSAR is ina state of 241. . : One Country Two Systems Origin ofthe Question of HK & Constitutional Relationship D. Power granted by the Central Authorities to the HKSAR (Textbook P.35 to 42) Power PLACE Gi) The Central Authorities have anign over special administrative regions. Authorized by the argnee Central Authorities, the HKSAR enjoys ahigh degree of avi OVIOWV| ; att vio Article 2 of the ai Law: The NPC authorizes the HKSAR to exercise a high degree of and enjoy LO slat iy comrade fia) ad power, including that of accordance with the provisions of this Law. Explanation and overall sin Article 16 of the Basic Law: The HKSAR shall be vested with executive power. It shall, on its own, conduct the QAI Vit IAT IV @ affairs of the Region in accordance with the relevant provisions of this Law. Chapters V and VI of the Basic Law stipulate that the HKSAR shall, on its own, formulate policies on the Luviowy «sedition _, culture porte eligi layout and £0 (14 CPrvil PC Article 17 of the Basic Law: The HKSAR shall be vested with legislative power. Laws enacted by the legislature of the HKSAR must be reported to the for the Article 19 ofthe Basic Law: The HKSAR shall be vested with independent judicial power, including that of The courts of Hong Kong shall have no jurisdiction over acts of state such as dofeuce and F010 14. ofan’ | Article 13 of the Basic Law: The CPG authorizes the HKSAR to conduct relevant external affairs on its own in accordance with this Law. Article 20 of the Basic Law: The HKSAR may enjoy other powers granted to it by the NP( sthe SCNPC orthe (26. 251. One Country Two Systems ~ Origin of the Question of HK & Constitutional Relationship E. Observing the constitutional order prescribed by the Constitution and the Basic Law HKSAR (Textbook P.42) Key point Explanation Constitutional basis of the HKSAR The COMMTTUTIOV and the baCic law ‘ogether form the constitutional basis of the HKSAR. It provides a basis for the implementation of “one country, two systems” and is also the basis of the Basic Law. Powers not granted to the HKSAR should belong to the (PVH fi a = instead of the HKSAR as the HKSAR does not have any (0/44 power, Constitutional responsibilities of the HKSAR As one of the local administrative regions of the People’s Republic of China, the HKSAR needs to perform constitutional | Practice of “one country, two systems”: Safeguarding national COV PY] ; Coc a and APvolny non in various aspects to uphold the ‘Safeguarding the constitutional order in the HKSAR prescribed by the and the ASIC LAW. Constitutional responsibilities Proactively into the Maintaining the overall of the country 261. One Country Two Systems ~ Origin ofthe Question of HK & Constitutional Relationship Consolidating your knowledge (HKCEE Government and Public Affairs Past Papers) The Basic Law was promulgated by the after it had been adopted by the National Party Congress National People’s Congress President of the People’s Republic of China President of the People’s Republic of China ... National People’s Congress .. National Party Congress National Party Congress National People's Congress pomp ‘The Government of the HKSAR possesses the right to A. conduct diplomatic relations with Britain B. conduct defence affairs C. conduct external commercial relations D. decide on which National Laws apply to the HKSAR According to the Basic Law, the authorizes the HKSAR to exercise a high degree of autonomy. A. State Council B. National People’s Congress C. President of the PRC D. Sino-British Joint Liaison Group state constitution (1) states national ideals (2) formalizes the structure of government (3) establishes the legitimacy of government A. (1) and (2) only B. (1) and (3) only C. Q)and @) only D. (1), 2)and 3) Which of the following descriptions of the relationship between the Central People’s Government and the HKSAR is correct? A. Military forces stationed by the Central People’s Government in the HKSAR do not need to obey the laws of Hong Kong. B. Military expenses in the HKSAR are borne by the Hong Kong Government. C. The Central People’s Government is responsible for foreign affairs relating to the HKSAR. D. The Standing Committee of the National People’s Congress amends the laws enacted by the Legislature of the HKSAR. 27Ss a. % oo 1. One Country Two Systems ~ Origin of the Question of HK & Constitutional Relationship acs The is responsible for submitting its view to the Standing Committee of the %, National People’s Congress regarding the interpretation of and amendment to the Basic Law. A. Committee for the Basic Law of the HKSAR. 5 B. Basic Law Drafting Committee C. Basic Law Consultative Committee D. Basic Law Promotion Steering Committee According to the Basic Law, which of the following is correct? A. Chinese officials enjoy free entry into the HKSAR to arrest suspects. B. Foreign warships can stay in HKSAR waters upon the approval of the Chief Executive. C._ Military forces stationed by the Central People’s Government in the HKSAR are responsible for the maintenance of publie order of the Region. D. All offices set up in the HKSAR by departments of the Central People’s Government shall abide by the laws of the Region. ‘The setting up of the Office of the Government of the HKSAR in Beijing is to (1) strengthen communication and liaison between Hong Kong and the mainland (2) promote the image of Hong Kong to the general public in the mainland (3) provide assistance to Hong Kong residents in the mainland ‘A. (1) and (2) only B. (1) and (3) only C. (2) and (3) only D. (1),(2) and) A foreign country can set on te HKSAR if : ee A. it gets the approval of the Central People’s Government of the PRC B. it maintains a good relationship with the HKSAR Government C. it gets the approval of the Liaison Office of the Central People’s Government in the HKSAR D. it obtains the consent of the Chief Executive of the HKSAR According to the Basic Law, laws enacted by the legislature of the HKSAR must be reported to for the record. Executive Council Court of Final Appeal State Council pop>rs® Standing Committee of the National People’s Congress,|: One Country Two Systems - Origin ofthe Question of HK & Constitutional Relationship 11. Which of the following descriptions about the garrison stationed in the HKSAR are correct? (1) The garrison shall abide by the laws of the HKSAR. (2) The Chief Executive of the HKSAR commands the garrison. (3) The cost of the garrison shall be bome by the Central People’s Government. A. (1) and (2) only B. (1) and (3) only C. (2) and (3) only D. (1), Q) and (3) 12. The may return a law enacted by the legislature of the HKSAR after consulting the This happens when the law in question is not consistent with the Basic Law. National People’s Congress ..... Executive Council National People’s Congress ..... Legislative Couneil Standing Committee of the National People’s Congress ..... Committee for the Basic Law of the HKSAR OD P D. Standing Committee of the National People’s Congress ..... deputies of the HKSAR to the National People’s Congress DCBDC ADDAD BO 29