F4 CS Constitutional Relationship Acheng

Topic 1
The meaning and implementation of “one country, two

systems”
F4 Citizenship and Social Development

2021-2022
Ｂ
Constitutional relationship between the country and the
Hong Kong Special Administrative Region (HKSAR)
(China has indisputable sovereignty and jurisdiction over Hong Kong),
“one country, two systems” and its legal basis
Constitutional relationship between the country and the Hong Kong Special
Administrative Region (HKSAR) (China has indisputable sovereignty and jurisdiction
over Hong Kong), “one country, two systems” and its legal basis
Learning Objectives
Through learning this topic, students can master :
Knowledge
• To understand the constitutional relationship between the country and the Hong
Kong Special Administrative Region
• To understand China has undisputable sovereignty and jurisdiction over Hong Kong
• To understand that Hong Kong’s high degree of autonomy is authorized by the
Central Government
Skill
• To acquire skills like communication, collaboration and critical thinking skills
Attitude and Value

• To have the consciousness of safeguarding “One Country, Two Systems”
• To cultivate patriotism among students
Data Question
With the support of the Central People’s Government and

the assistance of OCMFA, five young public officers
from the Administration Wing, Hong Kong Observatory
and Electrical & Mechanical Services Department as
well
as the Independent Commission Against Corruption have
been recommended by the Ministry of Foreign Affairs to
participate in the UN Junior Professional Officer
Programme. The five young Hong Kong talents will be
working as Chinese personnel in the New York, Geneva
and Vienna UN offices. They are expected to report to
Source: https://www.news.gov.hk/eng/2019/12/20191223/20191223_172812_902.html
the UN for duty next year for a two-year tenure.
What concepts of the constitutional relationship between the Central
Authorities and Hong Kong can be reflected from the above data?
Data Question
With the support of the Central People’s Government and

the assistance of OCMFA, five young public officers
from the Administration Wing, Hong Kong Observatory
and Electrical & Mechanical Services Department as
well
as the Independent Commission Against Corruption have
been recommended by the Ministry of Foreign Affairs to
participate in the UN Junior Professional Officer
Programme. The five young Hong Kong talents will be
working as Chinese personnel in the New York, Geneva
and Vienna UN offices. They are expected to report to
Source: https://www.news.gov.hk/eng/2019/12/20191223/20191223_172812_902.html
What concepts of the theUN for duty next year
constitutional for a two-year
relationship tenure.the Central
between
Authorities and Hong Kong can be reflected from the above data?
Answers: One country (issue: involved foreign affairs—Basic Law Chapter 2
Article 13), subordinate (With the support of the Central People’s Government;
working as Chinese personnel (reflected HK as part of China)
A. Constitutional relationship between the country and the

Hong Kong Special Administrative Region
1. The status of the Constitution

• There is only one constitution and one central
authority system in the country.
• The Constitution is the country’s most fundamental

law. It has the highest authority and maximum
effectiveness, and is the basis for enacting other laws.
• The Constitution stipulates the country’s political

structure, the responsibilities of various state
institutions and the rights of the people. The operation
of the state institutions and government organs is
bound by the Constitution.
2. Relationship between the Central Authorities and local

governments stated in the Constitution
• All administrative or autonomous units are under the Central Authorities’
unified leadership. Local powers are derived from the authorization of
the Central Authorities. Local governments must obey the leadership of
the Central Authorities and accept its supervision. Local governments do not
have the power to separate from the central authorities.
• In foreign relations, only the state can be the subject of international laws.
Article 3 of the Constitution
The division of functions and powers between the central and local state institutions
shall honor the principle of giving full play to the initiative and motivation of local
authorities under the unified leadership of the central authorities.
The relationship between the

Local powers are derived
Central Authorities and local
from the authorization of
governments is authorizing and
the Central Authorities.
authorized.
3. Relationship between the Central Authorities and the HKSAR

stated in the Constitution
• The Hong Kong Special Administrative Region shall be a local
administrative region that comes directly under the Central People’s
Government, the same level as provinces, autonomous regions, and
municipalities directly under the Central Government.
• Hong Kong is subordinate to the Central People’s Government who has
sovereignty and jurisdiction over Hong Kong.
Central People’s Government
5 autonomous 2 special
23 provinces 4 municipalities
regions administrative regions
HKSAR
4. The constitutional responsibilities of the HKSAR
Safeguarding Firmly safeguarding Proactively

national the constitutional Maintaining the integrating into
sovereignty, order of the HKSAR prosperity and the overall
security and as enshrined under stability of the development of
development the Constitution and HKSAR the country
interests the Basic Law
Let’s think Give some examples of the HKSAR fulfilling its constitutional
responsibilities.
B. Legal basis of “One Country, Two Systems” and the Basic

Law
Read Article 31 of the Constitution in Learning Activity 2 and discuss

its importance on the Hong Kong Special Administrative Region.
• Basic Law, One Country, Two systems and the Constitution.
•
• https://youtu.be/5m7oSwBdcTc
• https://youtu.be/c0qVWA0-0WE
•
B. Legal basis of “One Country, Two Systems” and the Basic

Law
1. The Constitution is the legal basis of “One Country, Two
Systems” and the Basic Law
1.1 The Constitution is the fundamental law of the state
The Constitution is the fundamental law of the state and has supreme
legal force. It gives the legislative backing for all laws.
Preamble of the Constitution:

This Constitution affirms, in legal
form, the achievements of the struggles
of the Chinese people of all ethnic
groups and stipulates the fundamental
system and task of the state. It is the
fundamental law of the state and has
supreme legal force.
1. The Constitution is the legal basis of

“One Country, Two Systems” and the Basic Law
1.2 The Constitution states that special administrative regions can
adopt systems different from those in the Mainland
Article 31 of the Constitution:
The state may establish special administrative regions when
necessary. The systems instituted in special administrative regions
shall, in light of specific circumstances, be prescribed by laws
enacted by the National People’s Congress.
Article 31 of the Constitution is the Special Condition of the

Constitution. It states that the systems adopted in special administrative
regions are different from those in the Mainland and are prescribed by
the National People’s Congress.
1. The Constitution is the legal basis of “One Country, Two Systems”

and the Basic Law
1.3 The Basic Law is enacted in accordance with the Constitution
Enacted in accordance with the Constitution, the Basic Law is a national
law as well as the constitutional law of the HKSAR.
Preamble of the Basic Law:

In accordance with the Constitution of the People’s Republic of China, the
National People’s Congress hereby enacts the Basic Law of the Hong Kong Special
Administrative Region of the People’s Republic of China, prescribing the systems to
be practised in the Hong Kong Special Administrative Region, in order to ensure the
implementation of the basic policies of the People's Republic of China regarding
Hong Kong.
Article 11 of the Basic Law:
No law enacted by the legislature of the Hong Kong Special Administrative Region
shall contravene this Law.

Learning Activity 2
Some people believe that the legal

basis of the Basic Law is only Article
31 of the Constitution, rather than the
entire Constitution. Is this statement
correct?

Suggested Answers
NO.
The Basic Law is the state’s fundamental law embodying the “One Country,
Two Systems” principle. In addition to Article 31 of the Constitution, other
provisions of the Constitution have a guiding and regulating role in the
implementation of the “One Country, Two Systems” principle and policies.
The Decision of the National People’s Congress on the Basic Law of the Hong
Kong Special Administrative Region of the People’s Republic of China pointed
out that the Basic Law was formulated in accordance with the
Constitution and the specific conditions of Hong Kong, so it
conforms to the Constitution.
• One Country, Two Systems” is a complete concept.
• It cannot be separated from each other or conflicting with each other.
• “One country” refers to the People’s Republic of China and is the
prerequisite for and foundation of “two systems”, while “two
systems” are subordinate to and derive from “one country”.
•We must both adhere to the “one country” principle and respect the
differences of the “two systems”.
•We must adhere to the foundation of “one country” so that the “two
systems” will stay in harmony and reinforce each other. We should
ensure the success of development on the mainland which practices
the socialist system; we should also ensure the success of
development in Hong Kong which practices the capitalist system.

1.4 The power of the Basic Law is authorized by the Constitution
• The Basic Law is an “authorisation law” . The Constitution is the parent
law, to which the Basic Law is subordinate.
• The Central Authorities has granted a high degree of autonomy to the
HKSAR, and the residual powers belong to the Central Authorities instead
of the HKSAR.

In accordance with Article 31 of the Constitution of the People’s
Republic of China, the systems and policies practised in the Hong Kong
Special Administrative Region, including 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, shall be based on the provisions of this Law.
1.5 The Constitution establishes “One Country, With reference to EDB

CS teaching materials
Two Systems”
Provides a constitutional The institutionalization and
basis so that the Basic Law legalization of “One Country, Two
has the highest authority Systems” ensure the its practice.
The One Country,

Basic Law
Constitution Two Systems
• The Constitution ensures that the “One Country, Two Systems” principle will
remain unchanged and will not be bent or distorted.
• Therefore, only by maintaining the constitutional order constituted by the
Constitution and the Basic Law can the “One Country, Two Systems” be
stabilized and far-reaching.
2. Definition of “One Country, Two Systems”
“One Country”: within the PRC, HKSAR is

an inseparable part and a local administrative
One Country region directly under China’s Central People’s
Government
Two
一國
Systems
“Two Systems”: within the “one
country” the main body of the country
practices socialism, while Hong Kong
and some other regions practice
capitalism
2. Definition of “One Country, Two Systems”
Prerequisite and
Primary objective Principle
foundation
“One country” is the The primary objective of Developing a sense of
prerequisite for and the “One Country, Two belonging to the
foundation of “two Systems” includes country and adhering
systems”, while “two safeguarding national to the principle of “one
systems” are sovereignty, security and country” are the core
subordinate to and development interests as requirements for the
derive from “one well as maintaining Hong implementation of the
country”. Kong’s stability and Basic Law. Without this
prosperity. These two basic premise, nothing
aspects are consistent, can be discussed.
interactive and closely
related.
With reference to EDB
Data Question CS teaching materials
Article 1 of the Basic Law

The Hong Kong Special Administrative Region is an
inalienable part of the People’s Republic of China.

The Hong Kong Special Administrative Region shall be a local
administrative region of the People’s Republic of China,
which shall enjoy a high degree of autonomy and come
directly under the Central People’s Government.
1. What is the status of Articles 1 and 12 of the Basic Law in the

entire Basic Law?
2. What are the consequences if people do not abide by Articles 1 and

12 of the Basic Law?
Data Question CS teaching materials

The Hong Kong Special Administrative Region is an
inalienable part of the People’s Republic of China.

The Hong Kong Special Administrative Region shall be a local
administrative region of the People’s Republic of China,
which shall enjoy a high degree of autonomy and come
directly under the Central People’s Government.

entire Basic Law?
Suggested Answer: The provisions in the two articles are the
fundamental provisions in the Basic Law. If they are destroyed,
“One Country, Two Systems” will no longer exist.


entire Basic Law?
Suggested Answer: The provisions in the two articles are the
fundamental provisions in the Basic Law. If they are destroyed,
“One Country, Two Systems” will no longer exist.

Suggested Answer: If people do not abide by Articles 1 and 12 of
the Basic Law, acts of disrespecting the Central Authorities or
even advocating Hong Kong independence will emerge, which
will undermine the stability of “One Country, Two Systems”.
Administrative Region (HKSAR) (China has indisputable sovereignty and
jurisdiction over Hong Kong)
Learning Activity 3
Watch the following video and discuss the relationship between the
Central Authorities and HKSAR.
“The Central Authorities has overall jurisdiction over Hong Kong
under one country, two systems.” Discuss how this statement can be
reflected from the video.
基本法 : 中央和香港特區的關係
https://www.youtube.com/watch?v=ePv_g2JOLuA
• “The Central Authorities has overall jurisdiction over Hong Kong under one
country, two systems.”
• Discuss how this statement can be reflected from the video.
The Central Government exercises overall jurisdiction

over the HKSAR, including the powers directly
exercised by the central government, and the powers
delegated to the HKSAR by the Central Government to
enable it to exercise a high degree of autonomy in
accordance with the law.
The Central Government has the power of oversight over
the exercise of a high degree of autonomy in the HKSAR.
3. The Central Authorities’ overall jurisdiction over Hong Kong

under “One Country, Two Systems”
The Central Government
The system of the special has the power of
administrative region, as oversight over the exercise
prescribed in the of a high degree of
Constitution and the Basic autonomy in the HKSAR.
Law of the HKSAR, is a The Central Government
special administrative exercises overall jurisdiction
system developed by the over the HKSAR, including
state for certain regions. the powers directly
exercised by the central
government, and the powers
delegated to the HKSAR by
the Central Government to
enable it to exercise a high
degree of autonomy in
accordance with the law.

2. The Constitution enacted
1. Set up the Hong Kong
the Basic Law and
Special Administrative
prescribes the systems to
Region in accordance
be instituted in special
with the Constitution
administrative regions.
One Country,
Two Systems
4. Authorize the Hong Kong

3. Exercise direct governance
Special Administrative
over the Hong Kong Special
Region to exercise a high
Administrative Region under
degree of autonomy by law
the Constitution and the with the power of oversight
Basic Law over it

3.1 The power to decide on the establishment of the HKSAR and
its systems
Article 31 of the Constitution
The state may establish special administrative regions when
necessary. The systems instituted in special administrative regions
shall, in light of specific circumstances, be prescribed by laws
enacted by the National People’s Congress.
Article 62 (14) of the Constitution

One of the functions and powers of the National People’s Congress
is deciding on the establishment of special administrative regions
and the systems to be instituted there.

3.2 The power to form the power organs of the HKSAR
According to the Constitution and the Basic Law, the power to form the power
organs of the HKSAR lies with the National People’s Congress. The Central
Government has the power to appoint the Chief Executive and principle
officials.
Supplementary Information: Swearing-in of the Chief Executive
Starting from the first government, every Chief Executive’s oath of office shall
be administered by the leader of the Central Government; when the Chief
Executive and the special administrative region government change, the leader
of the Central Government shall attend the relevant swearing-in ceremony.
For the latest constitutional development of the HKSAR, please refer to:
https://www.cmab.gov.hk/en/issues/index.htm

3.3 Supporting and guiding the administration of the Chief
Executive and government of the HKSAR in accordance with
the law
• The Chief Executive reports
his/her work to the Central
Government on an annual basis.
• The state leaders give guidance to
the Chief Executive on major
matters related to the
implementation of the Basic Law.

3.4 Responsible for foreign affairs involving the HKSAR
Diplomacy involves national sovereignty and is an important
responsibility of the Central Government.
The Central People’s Government shall be responsible for the

foreign affairs relating to the Hong Kong Special Administrative
Region. (Paragraph 1, Article 13 of the Basic Law)
The Ministry of Foreign Affairs of the People’s Republic of China

shall establish an office in Hong Kong to deal with foreign affairs.
(Paragraph 2, Article 13 of the Basic Law)
Supplementary Information: Office of the Commissioner of the

Ministry of Foreign Affairs in the HKSAR
The Office of the Commissioner of the Ministry of Foreign Affairs in

the HKSAR is a diplomatic agency responsible for handling foreign
affairs between Hong Kong and foreign governments and
international organizations. Its specific tasks include:
• Coordinate and handle Hong Kong’s participation in relevant
international organizations and international conferences;
• Handle the application of relevant international conventions in
Hong Kong;
• Coordinate and handle matters related to the establishment of
foreign consular and other official or semi-official missions in
Hong Kong

3.5 Responsible for the defence of the HKSAR
• According to Article 14 of the Basic Law, the Central People’s

Government shall be responsible for the defence of the Hong Kong
Special Administrative Region.
• The People’s Liberation Army Hong Kong Garrison

began to station in Hong Kong at midnight on 30 June
1997, and formally took over Hong Kong’s defense at
midnight on 1 July 1997.
Supplementary Information:
People’s Liberation Army Hong Kong Garrison
The People’s Liberation Army Hong Kong Garrison’s duties

include:
1. guarding against and resisting aggression, ensuring the
security of the HKSAR;
2. performing defense services;
3. managing military installations;
4. handling military affairs involving other countries .
The Garrison also participates in social services. For example,

after Typhoon Mangkhut struck Hong Kong in 2018, the Garrison
took the initiative to mobilize more than 400 people to clean up
fallen trees and rubbish at sections 1 to 10 of the MacLehose Trail.

3.6 The power to interpret and amend the Basic Law
• The power of interpretation of this Law shall be vested in the Standing Committee of the
National People’s Congress.
• The Standing Committee of the National People’s Congress shall authorize the courts of the
Hong Kong Special Administrative Region to interpret on their own, in adjudicating cases, the
provisions of this Law which are within the limits of the autonomy of the Region.

• The power of amendment of this Law shall be vested in the National People’s Congress.
• The power to propose bills for amendments to this Law shall be vested in the Standing
Committee of the National People’s Congress, the State Council and the Hong Kong Special
Administrative Region.
• No amendment to this Law shall contravene the established basic policies of the People’s
Republic of China regarding Hong Kong.
Supplementary Information: The interpretation of the Basic Law

by the National People’s Congress Standing Committee
If the courts of the Region, in adjudicating cases, need to interpret the
provisions of this Law concerning affairs which are the responsibility of the
Central People’s Government, or concerning the relationship between the
Central Authorities and the Region, and if such interpretation will affect the
judgments on the cases, the courts of the Region shall, before making their
final judgments which are not appealable, seek an interpretation of the
relevant provisions from the Standing Committee of the National People’s
Congress through the Court of Final Appeal of the Region. When the Standing
Committee makes an interpretation of the provisions concerned, the courts of
the Region, in applying those provisions, shall follow the interpretation of the
Standing Committee. However, judgments previously rendered shall not be
affected.
The Standing Committee of the National People’s Congress shall consult its
Committee for the Basic Law of the Hong Kong Special Administrative Region
before giving an interpretation of this Law.
Supplementary Information:
The interpretation of the Basic Law by the National People’s
Congress Standing Committee
Since 1997, the Standing Committee of the National People’s Congress (NPCSC) has
interpreted the Basic Law five times.
Interpretation Year Case Requestor
1st 1999 “Ng Ka Ling” case Chief Executive in Council

Hong Kong’s constitutional
2nd 2004 development Initiated by the NPCSC
The term of office of the new Chief
3rd 2005 Executive elected in a by-election Acting Chief Executive
4th 2011 The “Congo Case” Court of Final Appeal

The oath-taking saga of
5th 2016 Legislative Councillors Initiated by the NPCSC
Supplementary Information: The fourth interpretation of the

Basic Law by the National People’s Congress Standing
Committee
In 2011, the Democratic Republic of Congo and China Railway Group
discussed investment. In accordance with the ICC International Court
of Arbitration, the US FG Hemisphere Associates, as the creditor,
requested to intercept China Railway Group’s investment as mortgage
to the debt owed by Congo.
The case was finally appealed to the Hong Kong Court of Final Appeal.
The Court of Final Appeal ruled by a three to two majority that the
case needed to be interpreted by the NPCSC to explain whether the
Central People’s Government has the right to decide the dispute (rules
of state immunity) and whether it belonged to acts of state such as
defence and foreign affairs.
State immunity refers to the immunity of a

country from the jurisdiction of the courts of
another country.

3.7 The power to decide to declare a state of war or emergency
Paragraph 4, Article 18 of the Basic Law:

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 the Hong Kong Special Administrative Region which
endangers national unity or security and is beyond the control of
the government of the Region, decides that the Region is in a state
of emergency ...
National laws shall not be applied in the Hong Kong Special

Administrative Region except for those listed in Annex III to this Law,
but when Hong Kong is in a state of war or emergency, the Central
People’s Government may issue an order applying the relevant national
laws in the Hong Kong.

3.8 Other powers
According to the provisions of the Constitution and the Basic Law, in
addition to the above powers, other powers related to national
sovereignty can also be exercised.
For example:
• the power of the Central Government to issue directives to the
Chief Executive
• the power in respect of filing and examination of laws enacted by

the legislature of the HKSAR
Multiple-choice question
Which of the following is not a power enjoyed
by the Hong Kong Special Administrative
Region under a high degree of autonomy?
A. executive power
B. legislative power
C. independent power of
final adjudication
D. handling all the
foreign affairs
Multiple-choice question
Ready to answer?
D. handling all the

foreign affairs
Correct!
Learning Activity 4
• Some people argue that the Central Authorities’ power to govern the
HKSAR is limited to national defence and foreign affairs, and all other
matters fall within the scope of the “high degree of autonomy” of the
HKSAR.
• Referring to the relationship between the Central Authorities and the
HKSAR as stated in the Basic Law (video in Learning Activity 3,
together with the powerpoint slides we went through during
lessons), discuss how this view is incorrect.
• The Basic Law stipulates the relationship between the
Central Authorities and the HKSAR, and the authorization of
the Central Authorities to the HKSAR.
• The Basic Law stipulates the extensive powers of the Central
Authorities to govern the HKSAR, such as appointing the
Chief Executive and principal government officials,
interpreting and amending the Basic Law, leading and
finalizing the constitutional development, and filing and
examining local legislation in Hong Kong.
•
4. Hong Kong’s high degree of autonomy under “One Country,

Two Systems”
According to Article 2 of the Basic Law, the National People’s Congress
authorizes the Hong Kong Special Administrative Region to exercise a
high degree of autonomy. The Central Government has the power of
oversight over the exercise of a high degree of autonomy in the HKSAR.
National People’s
Congress
Authorizes
Executive Power of final
power adjudication
HKSAR
Legislative Independent
power judicial power

Two Systems”
According to the Basic Law, Hong Kong can enjoy the following power under
a high degree of autonomy:
High degree of autonomy Related articles in the Basic Law
Hong Kong people ruling Hong Kong Article 3
Executive power Articles 136 - 147
Legislative power Article 73

Independent judicial power, including
Articles 19 and 82
that of final adjudication
Conducting relevant external affairs
on its own granted by the Central Article 13
Authorities

Two Systems”
4.1 Hong Kong people ruling Hong Kong
According to Article 3 of the Basic Law, “the executive authorities and
legislature of the Hong Kong Special Administrative Region shall be
composed of permanent residents of Hong Kong”. The boundary and
standard of Hong Kong people ruling Hong Kong must be patriots
administering Hong Kong.
Supplementary Information
Chapter IV, the Basic Law
The Chief Executive of the HKSAR, the principal officials of the HKSAR, Legislative
Councillors, the Chief Justice of the Court of Final Appeal and the Chief Judge of the
High Court of the HKSAR shall be Chinese citizens who are permanent residents of
the Region with no right of abode in any foreign country.
Public servants serving in all government departments must be permanent residents
of the Region.

Two Systems”
4.2 Executive power
Article 16 of the Basic Law: The Hong Kong Special Administrative
Region shall be vested with executive power. It shall, on its own, conduct
the administrative affairs of the Region in accordance with the relevant
provisions of this Law.
Executive power refers to the power of the HKSAR

government to conduct daily management of social affairs
such as economic, cultural, municipal, public security,
social welfare affairs, as well as its own affairs.

Two Systems”
4.2 Executive power
The scope of administrative affairs is very wide, covering almost
all aspects of life in society. Which government departments do
you have contact with in your life?

Two Systems”
4.2 Executive power
The scope of administrative affairs is very wide, covering almost
all aspects of life in society. Which government departments do
you have contact with in your life?
Suggested Answers:
• Social Welfare Department — applying for various
assistance
• Hong Kong Observatory — watching weather
forecast
• Water Supplies Department — paying water bills
• Hongkong Post — sending and receiving letters
• Other reasonable answers
4. Hong Kong’s high degree of autonomy under “One Country, Two

Systems”
4.3 Legislative power
 The National People’s Congress authorizes the Hong Kong Special
Administrative Region to enjoy legislative power.
 The Legislative Council of the Hong Kong Special Administrative
Region shall be the legislature of the Region. Its major function is to
enact, amend or repeal laws.
• Have you heard of “reporting”? Laws enacted by the Legislative

Council of the HKSAR must be reported to the Standing Committee of
the National People’s Congress.

• If the Standing Committee of the National People's Congress … considers
that any law enacted by the legislature of the Region is not in conformity
with the provisions of this Law regarding affairs within the
responsibility of the Central Authorities or regarding the relationship
between the Central Authorities and the Region, the Standing Committee
may return the law in question but shall not amend it.
• Any law returned by the Standing Committee of the National People’s
Congress shall immediately be invalidated. This invalidation shall not have
retroactive effect, unless otherwise provided for in the laws of the Region.

Two Systems”
4.4 Independent judicial power, including that of final
adjudication
• According to Paragraph 1 of Article 19
of the Basic Law, the Hong Kong
Special Administrative Region shall be
vested with independent judicial
power, including that of final
adjudication.
• According to Article 80 of the Basic
Law, the courts of the Hong Kong
Special Administrative Region at all
levels shall be the judiciary of the
Region, exercising the judicial power
of the Region.
Limitations of the exercise of independent judicial power in the HKSAR

The independent judicial power of the HKSAR is granted by the Central Authorities in
accordance with the Basic Law. Its powers are not unlimited. The Basic Law also
stipulates restrictions on the exercise of judicial power:
• … the restrictions on their (the courts) jurisdiction imposed by the legal system and
principles previously in force in Hong Kong shall be maintained. (Paragraph 2,
Article 19 of the Basic Law);
• The courts of the Hong Kong Special Administrative Region shall have no
jurisdiction over acts of state such as defence and foreign affairs. (Paragraph 3,
Article 19 of the Basic Law);
• Under specific circumstances, the courts of Hong Kong shall seek an interpretation
of the relevant provisions in the Basic Law from the Standing Committee of the
National People’s Congress in accordance with the Law. (Paragraph 3, Article 158 of
the Basic Law)

Two Systems”
4.5 Conducting relevant external affairs on its own granted by the
Central Authorities
According to Paragraph 3 of
The Central People’s Government
Article 13 of the Basic Law: authorizes the Hong Kong Special
Administrative Region to conduct
relevant external affairs on its
own in accordance with this Law.
As an international city, Hong Kong often participates in

international affairs and activities. Give some examples of
how the HKSAR handles relevant external affairs on its own.
After the return of Hong Kong in 1997, the HKSAR, as a member of the
Chinese delegation, participated in a number of international
intergovernmental organizations limited to states, such as the International
Telecommunication Union, Group of Twenty, World Health Organization,
Organization for Chemical Weapon Convention, ASEAN+3 Finance
Ministers Process, etc.
In the name of “Hong Kong, China”, the HKSAR has participated in
international intergovernmental organizations not limited to states, such as
the Asia/Pacific Group on Money Laundering, Advisory Centre on WTO
Law, Group on Asian Tax Administration and Research, and International
Association of National Public Health Institute.
Source: Website of the Office of the Commissioner of the Ministry of Foreign Affairs of the People’s Republic Of
China in the Hong Kong Special Administrative Region, International Organizations and Conferences,
http://www.fmcoprc.gov.hk/eng/syzx/gjhy/
After the return of Hong Kong Hong Kong also hosted the Sixth
in 1997, before the Ministerial Conference of the World
implementation of the 257 Trade Organization in 2005, 2008
multilateral agreements in the Olympic Equestrian Event, 2009
HKSAR, 168 countries and East Asian Games, Hong Kong
regions granted HKSAR Sevens, Hong Kong Tennis Open,
passport holders visa-free or Hong Kong Open, Hong Kong
visa-on-arrival treatment. Masters, ART BASEL and other
international events.
4. Hong Kong’s high degree of autonomy under “One Country, Two

Systems”
4.6 Other powers granted by the Central Authorities
According to Article 20 of the Basic Law, the Hong Kong Special
Administrative Region may enjoy other powers granted to it by the Central
Authorities.
For example, on 31 October 2006,

Co-location Arrangement in Shenzhen Bay Port
the Standing Committee of the
Shenzhen Bay Port
National People’s Congress passed Mainland part
the “Decision on Authorizing the
ay Bridge
Hong Kong Special Shenzhen B
Administrative Region to Exercise

Jurisdiction over the Hong Kong Part of the area and bridge deck
in the port building are zoned as
Port Area at the Shenzhen Bay Hong Kong port area
Port”.
Source Website
Full text of the Constitution of the People’s https://www.basiclaw.gov.hk/en/
Republic of China and the Basic Law of the basiclaw/index.html
Hong Kong Special Administrative Region of
the People’s Republic of China
https://www.edb.gov.hk/tc/curriculum-
EDB education resources of the Constitution development/kla/pshe/basic-law-
education/constitution-basiclaw/
and the Basic Law index.html

F4 CS Constitutional Relationship Acheng

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F4 CS Constitutional Relationship Acheng

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Topic 1

The meaning and implementation of “one country, two

F4 Citizenship and Social Development

Through learning this topic, students can master :

Attitude and Value

With the support of the Central People’s Government and

With the support of the Central People’s Government and

A. Constitutional relationship between the country and the

1. The status of the Constitution

• The Constitution is the country’s most fundamental

• The Constitution stipulates the country’s political

2. Relationship between the Central Authorities and local

The relationship between the

3. Relationship between the Central Authorities and the HKSAR

Central People’s Government

4. The constitutional responsibilities of the HKSAR

Safeguarding Firmly safeguarding Proactively

B. Legal basis of “One Country, Two Systems” and the Basic

Read Article 31 of the Constitution in Learning Activity 2 and discuss

B. Legal basis of “One Country, Two Systems” and the Basic

Preamble of the Constitution:

1. The Constitution is the legal basis of

Article 31 of the Constitution is the Special Condition of the

1. The Constitution is the legal basis of “One Country, Two Systems”

Preamble of the Basic Law:

1. The Constitution is the legal basis of

Some people believe that the legal

1. The Constitution is the legal basis of

1. The Constitution is the legal basis of

Article 11 of the Basic Law:

1.5 The Constitution establishes “One Country, With reference to EDB

The One Country,

2. Definition of “One Country, Two Systems”

“One Country”: within the PRC, HKSAR is

2. Definition of “One Country, Two Systems”

Article 1 of the Basic Law

Article 12 of the Basic Law

1. What is the status of Articles 1 and 12 of the Basic Law in the

2. What are the consequences if people do not abide by Articles 1 and

Article 1 of the Basic Law

Article 12 of the Basic Law

1. What is the status of Articles 1 and 12 of the Basic Law in the

2. What are the consequences if people do not abide by Articles 1 and

1. What is the status of Articles 1 and 12 of the Basic Law in the

2. What are the consequences if people do not abide by Articles 1 and

The Central Government exercises overall jurisdiction

3. The Central Authorities’ overall jurisdiction over Hong Kong

3. The Central Authorities’ overall jurisdiction over Hong Kong

4. Authorize the Hong Kong

3. The Central Authorities’ overall jurisdiction over Hong Kong

Article 62 (14) of the Constitution

3. The Central Authorities’ overall jurisdiction over Hong Kong

Supplementary Information: Swearing-in of the Chief Executive

3. The Central Authorities’ overall jurisdiction over Hong Kong

3. The Central Authorities’ overall jurisdiction over Hong Kong

The Central People’s Government shall be responsible for the

The Ministry of Foreign Affairs of the People’s Republic of China

Supplementary Information: Office of the Commissioner of the

The Office of the Commissioner of the Ministry of Foreign Affairs in

3. The Central Authorities’ overall jurisdiction over Hong Kong

• According to Article 14 of the Basic Law, the Central People’s

• The People’s Liberation Army Hong Kong Garrison

The People’s Liberation Army Hong Kong Garrison’s duties

The Garrison also participates in social services. For example,