Lecture 7: One Country, Two Systems
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Questions and Answers

What year was the current Chinese Constitution adopted?

  • 1982 (correct)
  • 2004
  • 1965
  • 1999

    • How many times has the 1982 Chinese Constitution been amended as of 2018?

  • Three times
  • Five times (correct)
  • Four times
  • Six times

    • Which statement regarding the supremacy of the Chinese Constitution is accurate?

  • State organs are exempt from following the Constitution.
  • The Constitution has supreme legal force over all laws. (correct)
  • Local regulations can override the Constitution.
  • Only major laws can conflict with the Constitution.

    • According to the Chinese Constitution, who must uphold its sanctity?

    <p>All state organs, armed forces, political parties, and institutions</p> Signup and view all the answers

    What is described as the fundamental law of the state in the Chinese Constitution?

    <p>The Chinese Constitution itself</p> Signup and view all the answers

    What does Article 31 of the Chinese Constitution empower the National People’s Congress to do?

    <p>Establish special administrative regions and define their legal systems</p> Signup and view all the answers

    In the context of One Country, Two Systems, what is a central feature of the relationship between the HKSAR and the Central Authorities?

    <p>The HKSAR derives its powers from the Central Authorities under the Constitution</p> Signup and view all the answers

    What characterizes the constitutional structure of a unitary state, as mentioned in the content?

    <p>Sovereignty is centralized in the national government</p> Signup and view all the answers

    What does Tam (2012) suggest about the nature of the systems that should remain unchanged?

    <p>Many present systems that are suitable should remain unchanged</p> Signup and view all the answers

    What role does the National People’s Congress have concerning the Basic Law?

    <p>It establishes the constitutional basis for the Basic Law</p> Signup and view all the answers

    What influences the balance between centralization and decentralization in modern states?

    <p>A variety of historical, cultural, geographical, and political factors</p> Signup and view all the answers

    What does the constitution stipulate regarding the authority of the NPC in regards to special administrative regions?

    <p>It possesses the authority to establish and prescribe systems for special administrative regions</p> Signup and view all the answers

    Which statement reflects the nature of sovereignty in a unitary system?

    <p>Sovereignty is exclusively maintained at the central government level</p> Signup and view all the answers

    What assurance did Deng Xiaoping give regarding Hong Kong's systems after 1997?

    <p>Hong Kong’s social, economic, and legal systems would remain unchanged.</p> Signup and view all the answers

    How many members were in the Drafting Committee for the Basic Law?

    <p>59 members, with 36 from the Mainland and 23 from Hong Kong.</p> Signup and view all the answers

    What was one of the functions of the Basic Law Consultative Committee (BLCC)?

    <p>To conduct two rounds of consultation among various sectors.</p> Signup and view all the answers

    What were the dates for the first round of consultation conducted by the BLCC?

    <p>May to September 1986.</p> Signup and view all the answers

    Which sectors were represented in the Basic Law Consultative Committee?

    <p>A wide range of sectors including finance, real estate, and social services.</p> Signup and view all the answers

    When was the first draft of the Basic Law published?

    <p>April 1988.</p> Signup and view all the answers

    What was the purpose of Deng Xiaoping's meetings with Hong Kong representatives?

    <p>To discuss the future sovereignty of Hong Kong.</p> Signup and view all the answers

    How was the BLCC described in terms of its representation?

    <p>As the largest and most representative advisory organization in Hong Kong's history.</p> Signup and view all the answers

    What is the highest appellate court in Hong Kong?

    <p>Hong Kong Court of Final Appeal</p> Signup and view all the answers

    Which of the following statements is true regarding the tax payments of Hong Kong residents?

    <p>They do not pay any taxes to the Central Government.</p> Signup and view all the answers

    Which law governs Hong Kong's national security as mentioned in the provided information?

    <p>Law on Safeguarding National Security in the HKSAR</p> Signup and view all the answers

    What is the effect of interpretations made by the NPCSC on past court judgments in Hong Kong?

    <p>They cannot affect litigants in previously decided cases.</p> Signup and view all the answers

    What currency does the HKSAR have the authority to issue?

    <p>Hong Kong dollar</p> Signup and view all the answers

    Which of the following describes Hong Kong's status regarding customs?

    <p>It is a customs territory separate from mainland China.</p> Signup and view all the answers

    In what capacity can the HKSAR participate in international relations?

    <p>Using the name 'Hong Kong, China' for economic and cultural relations.</p> Signup and view all the answers

    Which of the following laws is NOT listed among the laws governing special administrative regions?

    <p>Law on the Electoral Process</p> Signup and view all the answers

    What is the primary function of the National People's Congress as stated in the Chinese Constitution?

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

    According to the amendments procedure for the Constitution, who can propose amendments?

    <p>The National People’s Congress Standing Committee or one-fifth of Congress deputies</p> Signup and view all the answers

    What defines the socialist system of the People’s Republic of China?

    <p>Leadership by the Communist Party of China</p> Signup and view all the answers

    Which statement is true regarding the enforcement of laws in China?

    <p>No person has privileges beyond the Constitution</p> Signup and view all the answers

    What was the main proposal regarding Hong Kong's legal system upon its return to Chinese sovereignty?

    <p>Hong Kong's political and economic systems can remain largely unchanged</p> Signup and view all the answers

    How many votes are needed from National People’s Congress deputies to adopt an amendment to the Constitution?

    <p>At least two-thirds of the Congress deputies</p> Signup and view all the answers

    What is prohibited by the Constitution regarding the socialist system?

    <p>Any attempts to damage the socialist system</p> Signup and view all the answers

    What aspect does ‘One Country, Two Systems’ refer to in the context of Hong Kong?

    <p>The coexistence of socialist and capitalist systems in China</p> Signup and view all the answers

    What is a key characteristic of how amendments to the constitution are approved in countries like Australia and Switzerland?

    <p>They require ratification through an affirmative referendum.</p> Signup and view all the answers

    What role does the supreme court play in a federal system?

    <p>It interprets the constitution and resolves disputes between federal and state governments.</p> Signup and view all the answers

    How do linking institutions facilitate cooperation in a federal system?

    <p>By giving regions a voice in central policy-making through a bicameral legislature.</p> Signup and view all the answers

    What does the unitary system of government emphasize regarding sovereignty?

    <p>Sovereignty is primarily held by a single national institution.</p> Signup and view all the answers

    Which of the following statements accurately describes most contemporary states according to the information?

    <p>The vast majority of contemporary states have unitary systems.</p> Signup and view all the answers

    What does constitutional supremacy in a unitary system imply about local governments?

    <p>Local governments operate at the pleasure of the national government.</p> Signup and view all the answers

    How are seats allocated in the Canadian Senate, as mentioned in the content?

    <p>Seats are assigned regionally among major areas.</p> Signup and view all the answers

    What is the primary disadvantage of a unitary system regarding local government independence?

    <p>It limits the ability of local governments to act independently.</p> Signup and view all the answers

    Study Notes

    Lecture 7: One Country, Two Systems (I)

    • Course materials are solely for academic use and should not be circulated without permission.
    • The information in the teaching material does not have legal status and should not be used as an official version of any constitution.
    • The lecture outline includes a review of the previous lecture, the Chinese Constitution and the Basic Law, and important principles of the Basic Law (drafting, concepts, purposes, features, national interests, and security).

    Review of the Previous Lecture

    • Sino-British negotiations began in 1979 with Murray MacLehose's visit to Beijing.
    • Hong Kong's business sector first raised concerns about the expiry of the 1898 Convention for the Extension of Hong Kong Territory.
    • The Sino-British Joint Declaration was signed on 19 December 1984.
    • Hong Kong's political system is executive-led, vesting most decision-making power in the executive branch.
    • The Chief Executive (CE) has superior constitutional status.
    • There's a "willingness to consult the population" for public decision-making.
    • "Administrative Absorption of Politics" (King, 1975) is discussed.

    The Chinese Constitution and the Basic Law

    • A constitution, broadly, is a set of rules that establish government institutions, their duties, powers, functions, relations between them, and the relationship between the state and the individual; it's the highest law in the land.

    • The current Chinese Constitution was adopted in 1982 by the National People's Congress.

    • It has been amended five times: 1988, 1993, 1999, 2004, and 2018.

    • The Chinese Constitution affirms (in legal form) the accomplishments of the struggles of Chinese people of all ethnic groups and stipulates the fundamental system and task of the state. 

    • The Constitution is the fundamental law of the state and has supreme legal force.

    • The people, state organs, armed forces, political parties, and social organizations must uphold the sanctity of the Constitution.

    • The Constitution has a strict amendment process.

    • Article 5 of the Constitution (paragraphs 3-5) emphasize that no law, administrative regulation, or local regulation can conflict with the Constitution, all state organs, armed forces, parties, and organizations must obey it and enforcing accountability for violations. There are no special privileges beyond the Constitution.

    • Article 62 (paragraphs 1-4) outlines the National People's Congress's functions, including amending the Constitution, overseeing its enforcement, and enacting/amending laws.

    • Article 1 of the Chinese Constitution defines China as a socialist state governed by a people's democratic dictatorship, with a working class's leadership and worker/peasant alliance.

    • The socialist system is fundamental, with the Communist Party of China as the defining feature of socialism with Chinese characteristics; damaging the socialist system is forbidden.

    • British Prime Minister, Margaret Thatcher, in 1982, met with Deng Xiaoping, who stated that Hong Kong's prosperity depended on China adapting policies suitable for the region.

    One Country, Two Systems (cont'd)

    • Article 31 of the Chinese Constitution establishes the constitutional basis for the Basic Law
    • China has a unitary system, where sovereignty is exercised by the Central Authorities.
    • The NPC is the supreme institution with power to establish special administrative regions and systems for them.

    Unitary states and federal states

    • Modern states are divided on a territorial basis between central and peripheral institutions.
    • The balance between centralization and decentralization is shaped by various factors.
    • Unitary systems have sovereignty located in a single national institution, allowing the center to control the periphery;
    • Federal systems divide sovereignty

    Important Principles of the Basic Law

    • The Basic Law's drafting committee comprised 59 members from the Mainland and Hong Kong.

    • The committee initiated a consultative committee.

    • The committee members came from all sectors of society.

    • The BLCC held two consultation rounds.

    • The drafting committee spent five years drafting the Basic Law.

    • The Basic Law was formally promulgated on 4 April 1990 by the National People's Congress.

    • The Law was enacted according to the Sino-British Joint Declaration and Article 31 of the Constitution.

    • The Basic Law enshrines “One Country, Two Systems”, “a high degree of autonomy”, and “Hong Kong People administering Hong Kong”.

    • There are important concepts in the Basic Law with specific details in Articles such as 1, 2, 12, 158, and 159; and Annex III detailing appropriate national laws.

    • The Basic Law defines the central government's relationship with the Hong Kong Special Administrative Region; the region has significant autonomy.

    • The Basic Law emphasizes a clear division of power between central and regional bodies and maintains the existing common law system.

    • The national legislature's laws mostly do not apply to the HKSAR

    • The Hong Kong courts have final jurisdiction.

    • The Hong Kong Basic Law has important provisions on various topics, including the composition of the Chief Executive, the Legislative Council, the executive council , and the handling of foreign relations; and national security.

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    Lecture 7: One Country, Two Systems (I) PDF

    Description

    This quiz covers key concepts from Lecture 7 on 'One Country, Two Systems', focusing on the Chinese Constitution, the Basic Law, and significant principles associated with it. Additionally, it reviews historical negotiations regarding Hong Kong's governance and political structure. Test your understanding of these critical topics shaping the region's legal framework.

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