Two System Rule in Hong Kong
The PRC promulgated the Basic Law under Article 31 of its own Constitution, which allows for ôSpecial Administrative Regionsö within the Chinese state. Specifically, Article 31 provides that China ômay establish special administrative regions when necessary. The systems to be instituted in special administrative regions shall be prescribed by law enacted by the National PeopleÆs Congress in the light of the specific conditionsö (Constitution of the PeopleÆs Republic of China, Art. 31).

Qiao Xiaoyang, in an article analyzing the political relationship between China and Hong Kong, argues that although the PRC Constitution respects the initiative and enthusiasm of local authorities, the central authority of the PRC still provides the unified leadership for all ChinaÆs provinces and special regions. Thus, Xiaoyang contends that the relationship between the PRC and the HKSAR remains a unitary relationship with sovereignty residing in the central organs of the state. The powers enjoyed by the HKSAR are not inherent to the HKSAR, but rather are bestowed upon the HKSAR by the central authorities in the PRC. Thus, Xiaoyang likens the relationship between the PRC and the HKSAR as ôtantamount to that of the central authorities with various provinces, autonomous regions and municipalities directly under the Central Government

 

Basic Law of the Hong Kong Special Administrative Region of the PeopleÆs Republic of China. Accessed 21 Jul. 2003. <ôhttp://www.info.gov.hk/basic_law/fulltext/index.htmö>.

Chief Executive TungÆs refusal to withdraw the anti-subversion bill despite the massive demonstrations against it suggest that the PRC remains mindful of the limits on the HKSARÆs autonomy. The demonstrations, however, also suggest that Hong Kong residents intend to guard that autonomy zealously. This inherent tension in the ôone country, two systemö policy will likely lead to more demonstrations in the coming years as the PRC attempts to press its authority and Hong Kong residents guard their rights.

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 KongÆs 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 ô[t]he Hong Kong Special Administrative Region shall be a local administrative region of the PeopleÆs Republic of China, which shall enjoy a high degree of autonomy and come directly under the Central PeopleÆs Governmentö (Basic Law of HKSAR, Art. 12). Thus, as Xiaoyang notes, the HKSAR is empowered to administer its domestic executive, legislative and judicial affairs with minimal interference from the PRC central authorities (Basic Law of HKSAR, Arts. 15-17). As a result, in some ways, Hong Kong operates as a semi-autonomous state with the PRC as its governing, central authority, which further explains why the relationship is considered ôunitaryö or ôone country.ö

Despite the recognition of the ôtwo systems,ö however, the unitary relationship between Hong Kon

 
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    Some topics in this essay  
 
    Basic Law | Hong Kong | PRC HKSAR | HKSAR Art | hong kong | basic law | Republic China | Hong KongÆs | PRC Constitution | PeopleÆs Congress | Specifically Article | Tung Chee-hwa | republic china | peopleÆs republic china | peopleÆs republic | basic law hksar | central authorities | peopleÆs congress | law hksar | special administrative | jul 2003 | kong special | hong kong special | accessed 21 jul | hong kong residents |  
   
 
 
 
   
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