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Two System Rule in Hong Kong

A reading of the Basic Law supports Xiaoyang's understanding of this unitary relationship. Article 1 of the Basic Law states bluntly that '[t]he Hong Kong Special Administrative Region is an inalienable part of the People's Republic of China.' Therefore, although Article 2 of the HKSAR's Basic Law authorizes the HKSAR 'to exercise a high degree of autonomy and enjoy executive, legislative and independent judicial power,' it is the National People's Congress of the PRC that grants the Region such power. Consequently, despite the presence of a Chief Executive in Hong Kong, the National People's Congress is the ruling authority in Hong Kong. In fact, pursuant to Article 15 of the Basic Law, the PRC government appoints Hong Kong's Chief Executive as well as all principal executive officials for Hong Kong.

The PRC also retains the right to veto legislation passed by the HKSAR that is deemed to violate the PRC Constitution. Article 159 of the Basic Law grants the National People's Congress the power to amend the Basic Law. Any amendments to the Law proposed by the HKSAR must be submitted to the People's Congress. Moreover, the People's Congress will allow no amendment to the Basic Law that 'contravene[s] the established basic policies of the People's Republic of China regarding Hong Kong' (Basic Law of HKSAR, Arts. 15-17).

Xiaoyang argues that the unitary relationship between China and Hong Kong means that Chinese central authorities retain full sovereignty over the HKSAR. However, the PRC took into account the ways in which Hong Kong's history differed from that of the PRC to draft a Basic Law that would facilitate the social stability and economic development of Hong Kong. The resulting Law, therefore, authorizes the HKSAR to exercise a high degree of autonomy in certain domestic areas. In particular, Article 12 of the Basic Law provides that '[t]he Hong Kong Special Administrative Region shall be a local administrative regio...

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Two System Rule in Hong Kong. (1969, December 31). In Retrieved 04:43, September 21, 2017, from
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