Hong Kong's Legal Framework and Historical Context
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Questions and Answers

What is the relationship between the Constitution and the Basic Law?

  • The Constitution is the parent law and the Basic Law is the subordinate law. (correct)
  • The Constitution is subordinate to the Basic Law.
  • The Basic Law has the highest authority in HKSAR.
  • The Basic Law is independent of the Constitution.

Local governments possess residual power according to the constitutional law.

False (B)

What must the laws enacted by the LegCo comply with?

The Basic Law

The HKSAR is an ________ part of the People's Republic of China.

<p>inalienable</p> Signup and view all the answers

Where does the power of the HKSAR derive from?

<p>Delegation from the Central Authorities. (B)</p> Signup and view all the answers

The HKSAR enjoys inherent power under the unitary system.

<p>False (B)</p> Signup and view all the answers

The Basic Law must comply with the ________.

<p>Constitution</p> Signup and view all the answers

Match the following articles with their significance in HKSAR's governance:

<p>Article 1 = States that HKSAR is part of China Article 2 = HKSAR's powers are delegated from the Central Authorities Article 12 = Describes HKSAR's status as a local administrative region Article 31 = Guides the implementation of 'one country, two systems'</p> Signup and view all the answers

Which of the following evidence indicates that Hong Kong was part of China during the Eastern Han period?

<p>The inscription 'Daji Panyu' in Lei Cheng Uk Han Tomb (B)</p> Signup and view all the answers

Hong Kong has always been a part of China since ancient times.

<p>True (A)</p> Signup and view all the answers

Name one of the three unequal treaties that affected Hong Kong.

<p>Treaty of Nanking</p> Signup and view all the answers

The three unequal treaties were signed due to Britain's _____ aggression towards the Qing Government.

<p>military</p> Signup and view all the answers

Match the following evidence to their corresponding historical significance:

<p>a. The inscription 'Daji Panyu' in Lei Cheng Uk Han Tomb = Established jurisdiction during the Eastern Han period. b. Tang Ancestral Hall = Reflects migration patterns during the Song dynasty. c. Gazetteer of Xin'an County = Documented Hong Kong's status in the late Ming and Qing dynasties. d. Military institutions set up in Hong Kong = Indicate military governance during the Tang Dynasty.</p> Signup and view all the answers

What was one reason for Britain's interest in occupying Hong Kong?

<p>Strategic location for trade and defense (B)</p> Signup and view all the answers

The Qing Government willingly accepted the signing of the three unequal treaties.

<p>False (B)</p> Signup and view all the answers

What role did military institutions play in historical Hong Kong?

<p>They were responsible for maritime and land security.</p> Signup and view all the answers

What was one significant reason for Hong Kong's return to China?

<p>To safeguard the sovereignty and territorial integrity of China (B)</p> Signup and view all the answers

Hong Kong has full sovereignty and can govern independently from China.

<p>False (B)</p> Signup and view all the answers

What document outlines the provisions for the Hong Kong Special Administrative Region?

<p>The Basic Law</p> Signup and view all the answers

A constitution is the basis for the founding of a modern __________.

<p>state</p> Signup and view all the answers

Match the following terms with their definitions.

<p>Sovereignty = The exercise of specific powers to govern a country Unitary system = A system where a single central authority holds power Local authorities = Political institutions that do not possess sovereignty on their own Basic Law = The constitutional law specific to Hong Kong</p> Signup and view all the answers

Which of the following best describes China's governance structure?

<p>Unitary system with centralized authority (A)</p> Signup and view all the answers

The Basic Law grants Hong Kong complete political autonomy from the People's Republic of China.

<p>False (B)</p> Signup and view all the answers

What is one goal of a constitution as outlined in the content?

<p>To outline the state's political structure and citizens' rights</p> Signup and view all the answers

What concept was put forward by Deng Xiaoping to achieve peaceful reunification of China regarding Hong Kong?

<p>One country, two systems (B)</p> Signup and view all the answers

Hong Kong was declared to possess the status of independence and self-determination.

<p>False (B)</p> Signup and view all the answers

In what year did China recover sovereignty over Hong Kong?

<p>1997</p> Signup and view all the answers

The resolution passed by the General Assembly in 1972 removed Hong Kong from the list of __________.

<p>colonies</p> Signup and view all the answers

Match the following key figures to their roles in the Hong Kong negotiations:

<p>Murray MacLehose = Hong Kong Governor Deng Xiaoping = Chinese state leader The British Government = Negotiating party with China Hong Kong Special Administrative Region = Established under the Constitution</p> Signup and view all the answers

Which statement reflects China's stance on the treaties regarding Hong Kong?

<p>China did not recognize the three unequal treaties. (A)</p> Signup and view all the answers

Hong Kong was to implement its socialist system after the transition in 1997.

<p>False (B)</p> Signup and view all the answers

What was the primary motive for the 1979 meeting between Murray MacLehose and Deng Xiaoping?

<p>The lease of the New Territories was about to expire.</p> Signup and view all the answers

Which event marked the end of the Qing Government's rule?

<p>The fall of the Qing Government in 1911 (C)</p> Signup and view all the answers

The People's Republic of China recognizes the three unequal treaties as valid.

<p>False (B)</p> Signup and view all the answers

What year did the lease of the New Territories begin to raise questions about Hong Kong's future?

<p>1970s</p> Signup and view all the answers

The United Nations established the Special Committee on ________ in the 1960s to aid colonies in gaining independence.

<p>Decolonization</p> Signup and view all the answers

Match the following events with their corresponding dates:

<p>Fall of Qing Government = 1911 Establishment of PRC = 1949 Lease of New Territories expiration = 1997 Recognition of PRC in UN = 1971</p> Signup and view all the answers

What principle established by the Vienna Convention on the Law of Treaties pertains to treaties procured by threat?

<p>A treaty must be void if procured by threat (D)</p> Signup and view all the answers

The three treaties signed between the Qing Government and Britain are considered equal treaties.

<p>False (B)</p> Signup and view all the answers

In which year did the United Nations vote to recognize the representatives of the Government of the People's Republic of China?

<p>1971</p> Signup and view all the answers

What is considered the cornerstone of a country's long-term security and social stability?

<p>Safeguarding national security (D)</p> Signup and view all the answers

There is such a thing as absolute national security.

<p>False (B)</p> Signup and view all the answers

What is the primary purpose of the Central National Security Commission established by the Communist Party of China?

<p>To formulate and implement national security strategies.</p> Signup and view all the answers

The __________ of national security is the foundation for the survival and development of a country.

<p>paradigm</p> Signup and view all the answers

Match the following national security laws with their descriptions:

<p>National Security Law = A law that outlines the framework for safeguarding national security. National Intelligence Law = A law focused on intelligence operations for national defense.</p> Signup and view all the answers

Which of the following is NOT a core element of national security?

<p>Economic prosperity (A)</p> Signup and view all the answers

It is the responsibility of all citizens in China to promote national security.

<p>True (A)</p> Signup and view all the answers

What significant view did President Xi put forward during the first meeting of the Central National Security Commission?

<p>The holistic view of national security.</p> Signup and view all the answers

Flashcards

Evidence: Daji Panyu inscription

The inscription "Daji Panyu" found in the Lei Cheng Uk Han Tomb proves that Hong Kong was part of Panyu County during the Han Dynasty.

Evidence: Tang Ancestral Hall

Tang Ancestral Hall showcases the migration of large Chinese families to Hong Kong during the Song dynasty.

Evidence: Gazetteer of Xin'an County

The Gazetteer of Xin'an County records places in Hong Kong. This indicates that Hong Kong fell under the jurisdiction of Xin'an County in the late Ming and Qing dynasties.

Evidence: Migrants from Central Plains

Migrants from the Central Plain of China settled in Hong Kong during the Song and Yuan Dynasties. These were the early settlers of Hong Kong.

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Evidence: Military institutions

Military institutions, like the Tuen Mun garrison established during the Tang dynasty, existed in Hong Kong to protect maritime and land security.

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Evidence: Song Zhao Shi's refuge

Song Zhao Shi and his brother Song Zhao Bing sought refuge in Kowloon City during their time.

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Question of Hong Kong: Unequal treaties

The unequal treaties are a historical issue that shaped Hong Kong's relationship with Britain.

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Background: Colonial expansion and trade

These treaties were the result of Britain's colonial expansion and their pursuit of trade with China. The Qing Government's closed-door policy led to conflict.

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Unequal Treaties (Hong Kong)

Unequal treaties signed between the Qing Dynasty and Britain, giving Britain control over Hong Kong.

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PRC's Stance on Unequal Treaties

The People's Republic of China declared that it would abolish all unequal treaties signed by the previous Qing government, including those related to Hong Kong.

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PRC's Claim on Hong Kong

The PRC argued that Hong Kong had always been part of China's territory, regardless of British control.

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UN Recognition of PRC

The UN General Assembly recognized the PRC as the only legitimate representative of China, meaning it could now address international issues related to Hong Kong.

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Void Treaty

A treaty is considered void if it was made under duress, or if a country was forced into signing it.

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Aggression & Territorial Gains

The UN resolution states that any territorial gains gained through aggression are considered void.

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Aggression

The use of military force by a country against another country to gain territory or control.

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Sovereignty

The right of a nation to govern itself and its territory.

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One Country, Two Systems

China's policy to govern Hong Kong and other regions after their return, allowing them to maintain their existing systems while being part of China.

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Hong Kong's Non-Cafaniltl Status

A declaration by China in 1972 that Hong Kong was part of its territory, rejecting any claims of independence or special status.

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1997: Year of Lease Expiration

The year when the lease of the New Territories in Hong Kong was set to expire, prompting talks between China and Britain.

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The Basic Law of Hong Kong

The 1982 document that outlines the framework for Hong Kong's return to China, based on the principle of 'One Country, Two Systems'.

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Sino-British Negotiations

The process in which China and Britain negotiated the terms of Hong Kong's return, starting in 1982 and lasting until 1984.

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Ensuring Hong Kong's Prosperity

The meeting between China and Britain in the 1980s to discuss the future of Hong Kong, emphasizing their desire to maintain its prosperity and ensure a smooth transition.

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The Three Unequal Treaties

The Unequal Treaties that China believes do not apply to Hong Kong and were not legally valid, which is why China insisted on regaining Hong Kong in 1997.

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One Country, Two Systems (Deng's vision)

The concept that China retains sovereignty over Hong Kong while allowing it to maintain its capitalist system, as outlined by Deng Xiaoping in 1979.

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What is a constitution?

The most important legal document of a country. It outlines the state's structure, power, and rights of citizens. It also sets the tone for the nation's social and economic goals.

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China's unitary system

In a unitary system, all power ultimately resides with the central government, and local governments operate under its authority. The power of local authorities is granted and supervised by the central government.

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Sovereignty in China

One central administrative system exercises the highest power of the country. It controls the internal and external affairs of the nation and is the ultimate source of authority.

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Autonomy of Hong Kong

Hong Kong's high degree of autonomy is a result of the central government granting it certain powers to govern itself. It operates under the framework of the Basic Law and the Chinese Constitution. This reflects the 'one country, two systems' principle.

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The Basic Law

The legal document outlining the structure and governance of Hong Kong, created to ensure the implementation of the 'one country, two systems' principle. It guarantees a high degree of autonomy for Hong Kong and protects its unique way of life.

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Significance of Hong Kong's return to China

The return of Hong Kong to China in 1997 was a significant event that resolved the question of Hong Kong's status and reaffirmed China's sovereignty. It also aimed to maintain stability and prosperity in Hong Kong and set an example for similar future negotiations regarding Macao and Taiwan.

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Constitutional Relationship between Hong Kong and China

The Basic Law guides the governance of Hong Kong, establishing a framework for its political structure, legal system, and economic policies. It ensures the implementation of the 'one country, two systems' principle, balancing unity with diversity.

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Constitutional foundation of HKSAR

The HKSAR's governance structure is shaped by both the national Constitution and the Basic Law, ensuring alignment with the "one country, two systems" principle.

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Constitution's role in "one country, two systems"

The Constitution serves as the overarching legal framework for the "one country, two systems" principle, providing guidance and regulation for its implementation.

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Relationship between Constitution and Basic Law

The Basic Law, the constitutional law of the HKSAR, is subordinate to the Constitution. It must comply with the higher legal authority.

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Compliance of HKSAR laws

Laws enacted by the Legislative Council (LegCo) or local laws must adhere to both the Basic Law and, ultimately, the Constitution.

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Sovereignty of HKSAR

The HKSAR is an integral part of the People's Republic of China, emphasizing its sovereignty and territorial integrity.

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HKSAR's power delegation

The HKSAR's power is granted and delegated by the Central Authorities under the "one country, two systems" framework.

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HKSAR's administrative structure

The HKSAR operates as a local administrative region with special status under the direct administration of the Central Government.

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Source of HKSAR's autonomy

The HKSAR's high degree of autonomy originates from the delegation of power by the Central Authorities. It is not inherent power.

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National Security

A state free from external threats and internal unrest, ensuring stability and a safe environment for citizens.

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Holistic View of National Security

The overarching approach to national security that encompasses political, economic, cultural, social, and military aspects.

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Safeguarding Core Interests

Ensuring the safety of a country's core interests, like territorial integrity, political stability and cultural identity.

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Sustained Secure Condition

A condition where a country is free from external threats and internal strife, ensuring a safe and secure environment for its citizens.

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Development Security

The development of a country's economy, technology and prosperity, alongside its security

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Significance of National Security

The recognition that national security is crucial for a country's survival and progress.

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Civic Obligation of National Security

The responsibility of all citizens to protect their nation's security by understanding and supporting national security efforts.

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Central National Security Commission

A body established by the Chinese Communist Party to oversee and guide national security strategy, policy and implementation.

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Study Notes

F4 Citizenship and Social Development

  • Theme 1: Hong Kong Under "One Country, Two Systems"

  • Topic 1: The Meaning and Implementation of "One Country, Two Systems"

  • Part A: Brief Introduction to the Origin of Hong Kong

    • Hong Kong has been part of China since ancient times
    • Evidence supporting this claim should be matched with reasons from the textbook.
  • Part B: Constitutional Relationship Between the Country and HKSAR

    • Learning objectives:
      • Understanding the provisions about the Hong Kong SAR in the Constitution and the Basic Law
      • Understanding that Hong Kong's autonomy originates from the Central Authorities' delegation of power.
  • Part C: Safeguarding National Security

    • Learning objectives:
      • Understanding the holistic approach to national security.
      • Understanding the importance of safeguarding national security
      • National security safeguarding the country's core interests (including territorial integrity, political system stability, and cultural identity).
  • Part D: Law of the People's Republic of China on Safeguarding National Security in the HKSAR

    • How the law was formulated and enacted
    • Constitutional responsibility for national security (PRC and HKSAR)
    • Powers granted to the HKSAR
    • Maintaining offenses through prevention, suppression, and punishment
  • Part E: Political Structure of the HKSAR

    • Learning objectives:
      • Understanding the features of Hong Kong's political structure.
      • Understanding the respective roles/functions of the executive, legislative, and judicial branches.
      • Checks and balances between the Executive and Legislature.

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Explore the intricate relationship between the Constitution and the Basic Law that governs the HKSAR. This quiz delves into the legal aspects, historical treaties, and power dynamics of Hong Kong as part of China, revealing the complexity of its governance and identity.

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