SOSC005 SOSC005 Government and PoliticsGovernment and Politics

Lecture 3Lecture 3

One Country, Two SystemsOne Country, Two Systems

(A) The Origins(A) The Origins

The Three Unequal Treaties The Three Unequal Treaties After 1949, China could take After 1949, China could take

back HK but did not because back HK but did not because of strategic reasons:of strategic reasons:• A window to the West A window to the West • A center that supply China with A center that supply China with

goods, information, etc.. goods, information, etc..

• China’s exports to HK earned China’s exports to HK earned foreign exchange.foreign exchange.

China did not take back Macau for fear of China did not take back Macau for fear of arousing concern in HK. arousing concern in HK.

““長期打算，充份利用”長期打算，充份利用” .. In 79-82, Britain raised the issue of HK’s In 79-82, Britain raised the issue of HK’s

future to China. future to China. China’s major concern: China’s major concern:

a)a) sovereignty and national dignity; sovereignty and national dignity;

b)b) how to maintain HK’s stability and how to maintain HK’s stability and prosperity; prosperity;

c)c) its demonstration effect to Taiwan. its demonstration effect to Taiwan. ““One Country, Two Systems, High Autonomy, One Country, Two Systems, High Autonomy,

Hong Kong people ruling Hong Kong” (Hong Kong people ruling Hong Kong” ( 一國兩一國兩制、高度自治、港人治港制、高度自治、港人治港 ))

The Essence The Essence

Two systems: capitalism and socialism Two systems: capitalism and socialism

Fifty years unchanged: capitalist system Fifty years unchanged: capitalist system and way of life (and way of life ( 原有資本主義生活方式五十原有資本主義生活方式五十年不變年不變 ). HK protects private property. ). HK protects private property.

Independent executive, legislative and Independent executive, legislative and judiciary power, including the power of final judiciary power, including the power of final adjudication (adjudication ( 終審權終審權 ). ).

““HK people ruling HK” means mainland HK people ruling HK” means mainland officials will not be used to rule HK.officials will not be used to rule HK.

Legal Basis

Joint Declaration : Joint Declaration : 中華人民共和國對香港的中華人民共和國對香港的基本方針政策基本方針政策

Article 31 of Chinese Constitution: Article 31 of Chinese Constitution: 國家在必要時得設立特別行政區。在特別行政區內實行的制度按照具體情況由全國人民代表大會以法律規定。

(C ) Institutional Features

The Sovereignty Aspectsa) Central Govt responsible for foreign affairs

and national defense.

b) CE and major officials have to be formally appointed by the Central Govt.

c) The laws enacted in HK must be reported to NPCSC ( 人大常委 ) for record ( 備案 ).

d) Some laws of PRC are enforceable in HK; NPCSC can change the list of laws that are enforced in HK (listed in Annex III).

e) Central govt can declare a state of emergency in HK (Art.18).

第十七條

• 香港特別行政區的立法機關制定的法律須報全國人民代表大會常務委員會備案。備案不影響該法律的生效。

[ 人大常委 ]…如認為香港特別行政區立法機關制定的任何法律不符合本法關於中央管理的事務及中央和香港特別行政區關係的條款，可將有關法律發回，但不作修改。經全國人民代表大會常務委員會發回的法律立即失效。

第十八條

全國人民代表大會常務委員會決定宣佈戰爭狀態或因香港特別行政區發生香港特別行政區政府不能控制的危及國家統一或安全的動亂而決定香港進入緊急狀態，中央人民政府可發佈命令將全國性法律在香港特別行政區實施。

e) Ultimate power to interpret the BL lies

with NPCSC ( 人大常委 ).

f) Cases involve affairs that are

responsibility of Central Govt, or

concerning the relationship b/w China

and HK, the courts should seek

interpretation from NPCSC.

g) Power of amendment of BL vests in the

NPC (Art.159). The SAR, State Council

or NPCSC can propose amendments.

The Autonomy AspectsThe Autonomy Aspectsa) SAR has executive, legislative, judicial

power, & power of final adjudication ( 終審權 ).

b) HK can enter into intl agreements under the name of "China Hong Kong" ( 中國香港 )

c) China’s govt depts, provinces, cities of China cannot intervene into SAR affairs. Mainland residents must get approval from mainland authorities before they can come to HK. (Art.22)

Other Issues

Residual power" ( 剩餘權力 ) -- areas of power not clearly defined in the constitution—is undefined in BL but should belong to Central Govt.

No amendments of BL should violate the Basic policies of the Chinese government towards HK

Central Govt. has ultimate power to change BL and vetoes decisions in HK.

China’s policy over HK

1. Stability and Prosperity of HK is the utmost concern.

2. Relationship with democrats in HK and the issue of democratization in HK.

3. HK should not be used by foreign forces as a base to subvert or stir turmoil in mainland. Political changes & ideas in HK may spill over to mainland.

4. Demonstration effect to Taiwan

5. International reputation: that China can run HK well and can uphold “one country, two systems”. That involves respecting freedom, rule of law and autonomy in HK.

(E) “One Country, Two Systems” after 97

The General StrategyThe General Strategy CPG largely did not intervene, esp. on CPG largely did not intervene, esp. on

social and economic policy-making. social and economic policy-making. ““Singapore model”: focus on economic Singapore model”: focus on economic

devt, minimize political changes, keep devt, minimize political changes, keep stability, marginalize political opposition, stability, marginalize political opposition, economically open but politically economically open but politically conservative. conservative.

An outlook of freedom, rule of law and An outlook of freedom, rule of law and autonomy of HK vital to show that “one autonomy of HK vital to show that “one country, two systems” is working.country, two systems” is working.

Issues that Raised ConcernIssues that Raised Concern Central officials openly intervened on Central officials openly intervened on

Falun GongFalun Gong and Taiwan and Taiwan independence– political bottomline. independence– political bottomline.

Reinterpretation of BL— 3 times in 7+ Reinterpretation of BL— 3 times in 7+ years, arousing criticisms that it hurt years, arousing criticisms that it hurt autonomy, judicial independence and autonomy, judicial independence and final adjudication power of HK. final adjudication power of HK.

The debate on democracy after 2003 The debate on democracy after 2003 shows that Central Govt was very shows that Central Govt was very determined that it would have the final determined that it would have the final say on HK’s political system.say on HK’s political system.

Changes after July 2003Changes after July 2003 Central Govt. knew the seriousness of Central Govt. knew the seriousness of

governance problem of HK.governance problem of HK. Step up econ. assistance to HK (CEPA, Step up econ. assistance to HK (CEPA,

individual tourism, infrastructural individual tourism, infrastructural projects, etc.) projects, etc.)

NPCSC verdict vetos democracy in NPCSC verdict vetos democracy in 07/0807/08

killed the momentum of the democracy killed the momentum of the democracy movement;movement;

delayed institutional reforms;delayed institutional reforms; gap b/w HK people’s expectations and gap b/w HK people’s expectations and

the conservative political system.the conservative political system.