F.4 DSE Part B

F.
4 CITIZENSHIP AND Topic 1

The meaning and
SOCIAL implementation of “one
country, two systems”
DEVELOPMENT
Booklet 2
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
With reference to EDB
CS teaching materials
Through learning this topic, students can master and cultivate:
Knowledge
• To understand the constitutional relationship between the country and the Hong
Kong Special Administrative Region
• To understand that Hong Kong’s high degree of autonomy is authorized by the
Central Government
Skill
• To grasp common skills such as communication, collaboration and critical
thinking
Attitude and Value

• To have the consciousness of safeguarding “One Country, Two Systems”
• To cultivate patriotism among students
LEARNING OBJECTIVES –
➢LESSON 1
PAGE 19 (PURPLE Booklet)
➢To identify the concepts of the constitutional
relationship between the Central Authorities
and Hong Kong, and constitutional
responsibilities of HKSAR.
➢To evaluate the Constitutional
relationship between the country
and the HKSAR.
STARTER:
WARM-UP
1.When did the National People's Congress pass the
Basic Law?
A. October 1, 1949
B.April 4, 1990
C. July 1, 1997
D. July 1, 2000
Answer: B
2. Which of the following descriptions of the
constitutional relationship between the country and the
Hong Kong Special Administrative Region is correct?
A. The Basic Law is enacted in accordance with the
Constitution
B.Hong Kong is subordinate to the National People's
Congress
C.The Constitution is the institutionalization and legalization
of "One Country, Two Systems"
D. All of the above
Answer:
A
3. The power to amend the Basic Law belongs
to .
A.The National People's Congress of the People's
Republic of China
B.The Legislative Council of the HKSAR
C.The Standing Committee of the National People's
Congress of the People's Republic of China
D. The Constitutional Assembly of the HKSAR
Answer:
A
4. Which of the following descriptions of the central
government's overall governance power under "One
Country, Two Systems" is incorrect?
A.The central government has the power to supervise the
Hong Kong Special Administrative Region
B.The Commissioner’s Office in Hong Kong is responsible
for handling foreign affairs between Hong Kong and
foreign governments and international organizations
C.The Central People's Government is responsible
for maintaining public order in Hong Kong
D. The right to amend the Basic Law belongs to the
People's
National
Congress Answer: D
5. Which of the following is not a power possessed by
Hong Kong under "One Country, Two Systems"?
A. Independent jurisdiction
B.Handle Hong Kong's administrative affairs on your
own
C. Legislative power
D.Participate in international conferences participating in
the country as a unit under the name of "Hong Kong,
China"
Answer: D
Data Question CS teaching materials
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 the UN for
duty next year for a two-year tenure.
Source: https://www.news.gov.hk/eng/2019/12/20191223/20191223_172812_902.html
What concepts of the constitutional relationship between the Central

Authorities and Hong Kong are reflected in the data above?
Answers: One country, subordinate
A. Constitutional relationship between the With reference to EDB

country and the Hong Kong Special
Administrative Region
1. The status of the Constitution (p.1)
• 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 With reference to EDB

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 (p.3)
• 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 regions 4 municipalities administrative regions
HKSAR
4. The constitutional responsibilities of the HKSAR CS teaching materials
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.
E.G. The police exercises their duties to maintain the law order in Hong Kong.
The Chinese Government provides HK People to enjoy high degree of autonomy (practice
Capitalism) and do business freely (laissez faire) in order to maintain prosperity and
stability.
The HK government encourages the young people to work or study in the Bay Area in
Mainland China.
ACTIV
IT Y
In groups of 2 (Booklet 2 page 4)
Give some examples of the HKSAR fulfilling its constitutional
responsibilities.
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
1. 2. 3 4
- The police - Free to trade - Consult the Hong Kong

citizens about the
- Combating the exercises their in Hong policies
act of being duties to maintain - Kong - encourages the young
people to work or study
independent the law order in E.g. set up of in the Bay Area in
activities Hong Kong. Mainland China.
ICAC (anti-
corruption)
PROSPERITY AND
STABILITY
Article 31
Freedom of movement
Freedom to travel and to enter or leave
HKSAR
E.g. business and tourism
Q3
Example of One country two systems
EXAMPL
Ryan: HK uses the name of HK, China to represent HK in the world sports
E
competitions
Rachel: HK – capitalism, China - socialism
Isaac – HK – English and Chinese (documents), China - Chinese
Adam – HK – free market economy (laissez-faire)
Shristi – Hk – regional flag, China – national flag
Rashi – HK – Basic Law, China - Constitution
Manav - sing the same national anthem
Jinay – HK – HK dollars, China - RMB
Mark – HK – common law system – rule of law, China is different –rule by

law
1. What is relationship between China and the HKSAR as
shown Source A?
HK athletes can use the name of HK, China to join in the
Game
Olympicsshowing that the HKSAR is part of
s, the PRC.
2. How does the BL (define) the relationship

stipulate China and between
the HKSAR?
Chapter II of the BL stipulates the relationship between China
and the HKSAR. It clearly states that the HKSAR shall be a
administrative region of the PRC, which
local enjoy a high
of
shall and come directly under the degree
Central
autonomy People’s
Government
.
PLENARY – WHAT
HAVE WE LEARNT?
3-4-5
Tell your neighbor, 3 things that you have

learnt in this part in 3 minutes
constitutional constitutional Real-life

responsibilities relationships example
s
LESSON 2
➢ To show understanding on the legal
“One
basisCountry,
of Two Systems” Basic
and the Law.
➢ To define one country, two

systems.
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. 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 With reference to EDB

“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
necessary. The systems instituted in special administrative regions
when
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,
National People’s Congress hereby enactsthethe Basic Law of the HKSAR of China,,
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 HKSAR shall contravene this Law.

Thinking Time
Some people believe that the
legislative backing of the Basic Law
is only Article 31 of the Constitution,
rather than the entire
Constitution.
Is this statement correct? (Notes
p.5-6)

Suggested Answers -
Incorrect
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 HKSAR of the PRC 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.

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.
China is a country with a single system: sovereignty belongs to the country’s

1.3 billion people and is exercised by the National People’s Congress, the
country’s highest authority. There is no fixed power in the locality, and its
power comes from the authorization of the central government.
Under the authorization law, the central authority has complete governance
powers as a prerequisite for authorization, and after authorization is made, the
authorizer has the right to supervise the authorized person.
If the authorized person does not recognize the authority of the authorized
person, then it has not obtained the granted power either. Since Hong Kong
has never had its own sovereignty, there is no residual power either . The high
degree of autonomy of the SAR is entirely granted by the central government,
and it does not have any power of its own. Therefore, in the provisions of the
Basic Law, some articles contain some universal principles of the state
management system to reflect the powers of the central government .
來源 : 梁愛詩《飛鴻踏雪——香港基本法實踐 20 年》，
香港城市大學出版社 2017 年版，第 6-7
Thinking Time
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 Special Administrative Region.
This view is wrong.
Read the Basic Law to see how the provisions stipulate the
relationship between the Central Authorities and the HKSAR?
Why does the HKSAR have no residual power?
Suggested Answers CS teaching materials
1. 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.
2. The Central Authorities authorizes the HKSAR to have a high degree
of autonomy, and there is no question of residual powers.
For the relationship between the Central

Authorities and the HKSAR, please refer to:
https://www.basiclaw.gov.hk/en/basiclaw/index.html
1.5 The Constitution establishes “One Country, With reference to EDB

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
S 一 yst 國
ems “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” With reference to EDB

Prerequisite and
Primary objective Principl
foundation e
“One country” is the The primary objective Developing a sense of
prerequisite and of
“One Tw belonging to the
for foundation Country, o country and adhering
of
systems”, while “two Systems” includes to the principle of “one
national
systems” safeguarding security
sovereignty, country” are the
subordinate “two development interests as core
and requirements for the
to derive from are well as maintaining Hong implementation of the
country”. and Kong’s stability and Basic Law. Without this
prosperity. These two basic premise, nothing
“one aspects are can be discussed.
interactive consistent,
related. and closely
Thinking Time CS teaching materials
• ‘“One Country” is like the roots of a tree. For a tree to grow tall
and luxuriant, its roots must run deep and strong.’
• ‘The central government will unswervingly implement the policy
of “one country, two systems” and make sure that it is fully
applied in Hong Kong without being bent or distorted. This will
enable us to keep advancing in the right direction.’
The above statements are very helpful for us to understand

the relationship between “one country” and “two systems“.
Share your understanding of this sentence.
Suggested Answers
• “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.
Article 1 of the Basic Law

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

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

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

and 12 of the Basic Law?
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”.
PLENARY – WHAT
HAVE WE LEARNT?
(P.19)
Use hexagons to link the concepts in this
part
RELATIONS
HIP
CONCEPTS?
PLENARY – WHAT
HAVE WE LEARNT?
Use hexagons to link the concepts in this
part
- The Constitution
- The Basic Law – Central Authorities – High degree of autonomy
- Stability and prosperity – National People’s Congress
- One country: PRC
-two systems: C &
S RELATIONSHIP
LESSON 3
➢ PAGE 21
➢To investigate the Central Authorities’
overall jurisdiction (authority / control /
power) under “One Country, Two Systems.
➢To evaluate the Constitutional

relationship between the country and the
HKSAR.
3. The Central Authorities’ overall With reference to EDB

jurisdiction under “One Country, Two
Systems”
The Central Government
The system of the special has the power
administrative region, oversight
of over the exercise
as prescribed in of a high degree of
Constitution and the Basic
the autonomy in the HKSAR.
Law of the HKSAR, is a The Central Government
special administrative exercises overall jurisdiction
system developed by over the HKSAR,
the state for certain regions. including
the directly
exercised by the
powers
government, and the powers
central
delegated to the HKSAR by
the Central Government to
enable it to exercise a high
degree of autonomy in
accordance with the law.
IN GROUPS
OF 2-3a poster (A3 paper)
Design
To educate HK citizens about the

Central Authorities’ overall jurisdiction
(control) under “One Country, Two
Systems”.
Be colourful / pictures 
Include at least 4 ideas (with examples)
12
(p.10-
)

Systems” p.11
2. The Constitution enacted
1. Set up the HKSAR in
the Basic Law
accordance with
prescribes the systems
and
Constitution
the
be instituted in
to
special administrative
regions.
One Country,
Two Systems
3. Exercise direct governance 4. Authorize the HKSAR to

exercise a high degree of
over the HKSAR under the
autonomy by law with the po
Constitution and the
wer of oversight over it
Basic Law
3. The Central Authorities’ overall jurisdiction (the right to

interpret the law) under “One Country, Two Systems”
3.1 The power to decide on the establishment of the HKSAR and
its systems (p.10)
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.

Systems”
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 principle
and
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

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

3.4Systems”
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
affairs between Hong Kong and foreign governments
foreign
international organizations. Its specific tasks include:
and
• 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
Example: The Office of the Commissioner of the Ministry of

Foreign Affairs in the HKSAR coordinates foreign affairs
In early 2020, the COVID-19 epidemic broke out. A serious

outbreak occurred on the cruise ship “Diamond Princess”
docking in Japan. Governments of various countries took
contingency measures to evacuate citizens who were not infected.
Led by the Central Government, the Chinese Embassy in Japan,

Office of the Commissioner of the Ministry of Foreign Affairs in
the HKSAR and the relevant departments of the HKSAR
government closely coordinated with one another. The HKSAR
government sent chartered flights to evacuate 106 Hong Kong
residents back to the city.
3. The Central Authorities’ overall CS teaching materials
3.5Systems”
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. The Central Authorities’ overall jurisdiction under “One

Country, Two Systems”
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: With reference to EDB

The interpretation of the Basic Law by CS teaching materials
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 Initiated by the NPCSC
Councillors
ACTIV
IT
-
Y
In groups of 2 or by
yourself
- Prepare a PPT
-Choose 1 case on
P.11 Criteria
-Background of the case:
-what? when?
Reason(s) who?
on why the Standing Committee of
the
National People’s Congress (NPCSC) has interpreted
the
Basic
Law
- Photos /
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. The Central Authorities’ overall jurisdiction With reference to EDB
the power, right, or authority to interpret and apply the law CS teaching materials
under “One Country, Two Systems”
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.

Systems”
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
Ready to answer?
D. handling all the

foreign affairs
Correct!
PLENARY – WHAT
HAVE WE LEARNT?
Pick 3 keywords write a question for
and them
Overall
Jurisdiction
Basic law
Any
concepts
BOOKLET
P.11
Once country, two systems
1. Set up the HKSAR in accordance 2. The Constitution enacted the Basic Law
with the Constitution and prescribes the systems to be instituted
in special administrative regions.
3. The Central Government exercises 4. Authorize the Hong Kong Special

direct governance over the Hong Kong Administrative Region to exercise a
Special Administrative Region under high degree of autonomy by law with the
the Constitution and the Basic Law power of oversight over it
LESSON 4
➢To show understanding on the Hong Kong’s
high degree of autonomy under “One Country,
Two Systems.
➢To clarify the relationship between the
Constitution, the Basic Law and “One
Country, Two Systems”.
4. Hong Kong’s high degree of autonomy under With reference to EDB

“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
4. Hong Kong’s high degree of autonomy under “One Country,

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 HKSAR shall be composed of permanent residents of Hong
Kong”. The boundary and standard of Hong Kong people ruling Hong
must be patriots (love the city/country) administering Hong Kong.
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.

4.2 Executive power
Article 16 of the Basic Law: The Hong Kong Special
be vested with executive power. It shall, on its own, conduct
Region shallAdministrative
the administrative affairs of the Region in accordance with the relevant
provisions of this Law.
Supplementary Information
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
Learning activity: 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

ACTIVITY -
Give some examples of how the Hong Kong Special
RESEAR
Region
own.
handles C
Administrative H
foreign affairs on its
Example Explanation
Article
GROUP ACTIVITY –
PREPARATION
- In groups of 1-2
- Research on one of the Bureaux – pink box, a total of
15)
- Design a poster (Type)
-Criteri
Upload to SEQTA (pdf format)
a
1. Head of the Bureau (Name, Photo, Educational
Background)
2. Organizational Structure / Chart
3. Roles and Responsibilities
4. Relationship with daily life (2 examples)
HTTPS://WWW.GOV.HK/EN/ABOUT/
GOVDIRECT ORY/GOVCHART/INDEX.HTM

4.3 Legislative power
 The National People’s Congress authorizes
Administrative Region to enjoy legislative power.
 The Legislative Council of thethe Hong Kong Special
Administrative Region shall be the legislature of the Region. Its
enact,
major amend or isrepeal
function to laws. Hong
Kong
Special
Which of the following is not a bill
enacted or amended by the Legislative
Council in recent years?
A. Franchised Taxi Services

Bill
B. Immigration (Amendment)
Bill 2020
C. Appropriation Bill 2021
D. Hong Kong National Security
Law
Ready to answer?
D. Hong Kong National

Security Law
Correct!
Supplementary Information CS teaching materials
• 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)

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 authorizes the Hong Kong Special
Law: Administrative Region to conduct
relevant external affairs on its
own in accordance with this Law.
Learning activity: 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
in 1997, before Sixth the Ministerial Conference of the
implementation of the World 2008
multilateral agreements in 257 Trade Organization inEvent, 2009
HKSAR, 168 countries 2005, the Olympic Equestrian
Hong Ko
regions granted and East
Sevens,Asian
Hong Games,
Kong Tennis ng
passport HKSAR holders Hong Kong Open, Hong Ope
visa-on-arrival treatment.
visa-free or Masters, ART BASEL and n,
international events. Kon
g
othe
r

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
Shenzhen Bay Port
the
National People’s Mainland part
Congress passed “Decision
the dge
ay Bri
Authorizing the on Shenzhen B
Special Administrative Region to

Hong
Exercise Jurisdiction over the
Kong Part of the area and bridge deck
in the port building are zoned as
Hong Kong Port Area the Hong Kong port area
at Shenzhen Bay Port”.
Learning activity: Based on the sources and your own
knowledge, fill in the following form to clarify the
relationship between the Constitution, the Basic Law and
“One Country, Two Systems”.

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.

The National People’s Congress of the People’s Republic of China is the highest state
organ of power. Its permanent organ is the National People’s Congress Standing
Committee.

The National People’s Congress and the National People’s Congress Standing Committee
exercise the legislative power of the state.
Paragraph 3 of Preamble of the Basic Law CS teaching materials
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.

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.
No law enacted by the legislature of the Hong Kong Special Administrative
Region shall contravene this Law.
Learning activity: Based on the sources and your own With reference to EDB
knowledge, fill in the following form to clarify the CS teaching materials
relationship between the Constitution, the Basic Law and
“One Country, Two Systems”.
ensures The Constitution of the People’s Republic of China
grants
system National People’s Congress: the highest
formulates and approves
The Basic Law
decides
system Hong Kong’s , and systems

Suggested
Answers
ensures The Constitution of the People’s Republic of China
grants
Socialist system National People’s Congress: the highest organ of state power
One
formulates and approves
country
The Basic Law
decides
Capitalist system Hong Kong’s executive, legislative and judicial systems

PLENARY – WHAT
HAVE WE LEARNT?
Draw a mind map to summarise your
learning
ASSIGNMEN
T
Resources Bank :
csd_Theme1_t2_mc_1_e
Test Bank:
csd_Theme1_t1_DRQs_L2_1_e
Source Website
Full text of the Constitution of the People’s https://www.basiclaw.gov.hk/en/basi
Republic of China and the Basic Law of the cl aw/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-
and the Basic Law education/constitution-
basiclaw/index.html

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F.

4 CITIZENSHIP AND Topic 1

Constitutional relationship between the country and the

Through learning this topic, students can master and cultivate:

Attitude and Value

With the support of the Central People’s Government and

What concepts of the constitutional relationship between the Central

A. Constitutional relationship between the With reference to EDB

• The Constitution is the country’s most fundamental

• The Constitution stipulates the country’s political

2. Relationship between the Central Authorities With reference to EDB

The relationship between the

3. Relationship between the Central Authorities and the HKSAR

Central People’s Government

Safeguarding Firmly safeguarding Proactively

Safeguarding Firmly safeguarding Proactively

- The police - Free to trade - Consult the Hong Kong

Mark – HK – common law system – rule of law, China is different –rule by

2. How does the BL (define) the relationship

Tell your neighbor, 3 things that you have

constitutional constitutional Real-life

➢ To define one country, two

Preamble of the Constitution:

1. The Constitution is the legal basis of With reference to EDB

Article 31 of the Constitution is the Special Condition of the Constitution.

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 With reference to EDB

1. The Constitution is the legal basis of With reference to EDB

1. The Constitution is the legal basis of With reference to EDB

Article 11 of the Basic Law:

China is a country with a single system: sovereignty belongs to the country’s

Some people argue that the Central Authorities’ power to

1. The Basic Law stipulates the relationship between the Central

For the relationship between the Central

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” With reference to EDB

The above statements are very helpful for us to understand

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

➢To evaluate the Constitutional

3. The Central Authorities’ overall With reference to EDB

To educate HK citizens about the

3. The Central Authorities’ overall With reference to EDB

3. Exercise direct governance 4. Authorize the HKSAR to

3. The Central Authorities’ overall jurisdiction (the right to

Article 62 (14) of the Constitution

3. The Central Authorities’ overall With reference to EDB

SUPPLEMENTARY INFORMATION: SWEARING-IN

3. The Central Authorities’ overall With reference to EDB

3. The Central Authorities’ overall With reference to EDB

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

Example: The Office of the Commissioner of the Ministry of

In early 2020, the COVID-19 epidemic broke out. A serious

Led by the Central Government, the Chinese Embassy in Japan,

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