Lecture 8: One Country, Two Systems (II)
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Which of the following actions is classified as terrorism under Article 24?

  • Sabotaging means of transport causing harm to individuals (correct)
  • Conducting research on public health policies
  • Public speaking about political issues
  • Organising a charity event to raise funds for a local community

    • What constitutes providing support to a terrorist organization according to Article 26?

  • Engaging in peaceful political discussions
  • Distributing flyers for a peaceful protest
  • Offering legal advice to members of a community
  • Manufacturing or illegally possessing explosives (correct)

    • Under Article 27, which action represents advocating terrorism?

  • Planning a peaceful demonstration against government policies
  • Encouraging individuals to commit violent acts for a political agenda (correct)
  • Promoting dialogue between different political groups
  • Writing a blog on the importance of civic engagement

    • Which of the following is NOT included in the terrorist activities as defined in Article 24?

    <p>Distribution of food and water during a crisis</p> Signup and view all the answers

    What is an example of a 'dangerous activity' harmful to public health as per Article 24?

    <p>Attempting to disrupt public utilities management systems</p> Signup and view all the answers

    What are the levels classified as 'incidents' on the INES?

    <p>Levels 1 to 3</p> Signup and view all the answers

    Which of the following is NOT considered a major field of national security?

    <p>Space Security</p> Signup and view all the answers

    What is one of the focuses of Biosecurity Law implemented on April 15, 2021?

    <p>Biosecurity management of laboratories</p> Signup and view all the answers

    Which level on the INES is classified as an 'accident'?

    <p>Level 4</p> Signup and view all the answers

    Which aspect does Cultural Security encompass?

    <p>Cultural heritage</p> Signup and view all the answers

    What is a goal of the Biosecurity Law related to infectious diseases?

    <p>Preventing outbreaks in wildlife</p> Signup and view all the answers

    What does Resource Security primarily address?

    <p>Energy and water security</p> Signup and view all the answers

    Which of the following examples is included in Overseas Interests Security?

    <p>Consular protection services</p> Signup and view all the answers

    What does Article 1 of the Basic Law state about Hong Kong?

    <p>Hong Kong is an inalienable part of the People's Republic of China.</p> Signup and view all the answers

    Which document authorizes Hong Kong to exercise a high degree of autonomy?

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

    Who has the power of interpretation of the Basic Law?

    <p>The Standing Committee of the National People's Congress</p> Signup and view all the answers

    Which of the following statements reflects the autonomy aspect of the Basic Law?

    <p>Hong Kong has a separate legal system with pre-existing common law.</p> Signup and view all the answers

    In which article does it state that Hong Kong's judicial power includes final adjudication?

    <p>Article 2</p> Signup and view all the answers

    What is stated about the applicability of national laws in Hong Kong?

    <p>Only laws listed in Annex III apply to Hong Kong.</p> Signup and view all the answers

    According to the Basic Law, what is the relationship of Hong Kong to the Central People's Government?

    <p>Hong Kong is a local administrative region under the Central People's Government.</p> Signup and view all the answers

    Which of the following concepts best represents Hong Kong's governance structure?

    <p>One Country, Two Systems</p> Signup and view all the answers

    What is the primary focus of Article 32 of the National Security Law of the PRC?

    <p>Preserving the security of activities and assets in outer space, seabed areas, and polar regions</p> Signup and view all the answers

    Which principle governs the relationship between China and Hong Kong according to the Basic Law?

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

    Who is responsible for foreign affairs related to the Hong Kong Special Administrative Region?

    <p>The Central People’s Government</p> Signup and view all the answers

    What does the preamble of the Basic Law aim to maintain for Hong Kong?

    <p>National unity and territorial integrity</p> Signup and view all the answers

    What kind of cooperation is emphasized in Article 32 regarding outer space, seabed areas, and polar regions?

    <p>International scientific collaboration</p> Signup and view all the answers

    What is the role of the Ministry of Foreign Affairs of the PRC in Hong Kong?

    <p>To deal with foreign affairs</p> Signup and view all the answers

    What is the defensive responsibility of the Central People's Government towards Hong Kong?

    <p>To oversee Hong Kong's defence security</p> Signup and view all the answers

    Which aspect is NOT included in Article 32's focus on outer space, seabed areas, and polar regions?

    <p>Commercial exploitation without regulation</p> Signup and view all the answers

    What kind of behavior constitutes an offence punishable by up to 14 years of imprisonment related to national security?

    <p>Engaging in acts endangering national security using improper means</p> Signup and view all the answers

    Which fields are included in the holistic view of national security introduced in April 2014?

    <p>Cultural security, cyber security, military security</p> Signup and view all the answers

    Which activity is explicitly prohibited under national security laws?

    <p>Inciting others to join prohibited organizations</p> Signup and view all the answers

    When did the Hong Kong National Security Law (HKNSL) come into effect?

    <p>30 June 2020 at 23:00</p> Signup and view all the answers

    What does external interference that jeopardizes national security involve?

    <p>Collaborating with external forces to cause an interference effect</p> Signup and view all the answers

    Which of the following is NOT mentioned as one of the major fields of national security?

    <p>Social security</p> Signup and view all the answers

    What is the purpose of the prohibition on participation in prohibited organizations?

    <p>To safeguard national security and maintain order</p> Signup and view all the answers

    What can lead to a person being charged with allowing meetings of prohibited organizations?

    <p>Providing a venue for unlawful assemblies</p> Signup and view all the answers

    What is one of the actions that can be punished under Article 29?

    <p>Disrupting the implementation of laws or policies by the Government</p> Signup and view all the answers

    What is a consequence of rigging an election as stated in Article 29?

    <p>Causing serious consequences</p> Signup and view all the answers

    What type of support is considered an offense under Article 29?

    <p>Receiving instructions from foreign organizations</p> Signup and view all the answers

    What article outlines the punishment for collaborating with foreign countries against national security?

    <p>Article 29</p> Signup and view all the answers

    Which of the following is NOT listed as an act that would be punishable under Article 29?

    <p>Distributing pamphlets criticizing local policies</p> Signup and view all the answers

    When did the Safeguarding National Security Ordinance take effect?

    <p>March 23, 2024</p> Signup and view all the answers

    What is one act considered as threatening to the sovereignty of China under Article 29?

    <p>Threatening to use force against national unity</p> Signup and view all the answers

    Which of the following actions is permitted under the described laws?

    <p>Engaging in lawful activities without foreign intervention</p> Signup and view all the answers

    Study Notes

    Lecture 8: One Country, Two Systems (II)

    • The course materials available on Moodle are intended solely for academic use and should not be disseminated without explicit permission from the relevant authorities.
    • All materials are provided exclusively for educational purposes, ensuring that students and faculty can benefit from and engage with the content in a structured environment.
    • It is important to note that the information contained within these teaching materials does not carry any legal weight and is accessible solely for informational purposes, reflecting theoretical frameworks and academic discussions.

    Outline of the Lecture

    • The Basic Law, which serves as the constitutional document of the Hong Kong Special Administrative Region (HKSAR).
    • The Concept of the State, detailing the principles and structures that underpin state authority.
    • The Concept of National Security, exploring the foundational aspects of national security within the framework of the state.
    • The One Country, Two Systems (OCTS) Policy and its relation to National Security, addressing how these principles coexist and interact.
    • The Hong Kong National Security Law (HKNSL) and Article 23, outlining specific legal measures and obligations related to national security within Hong Kong.

    1. The Basic Law

    • Three essential concepts inherent in the Basic Law are crucial for understanding Hong Kong's unique legal and political status:
      • The principle of One Country, Two Systems, which acknowledges the differences between the socialist system of mainland China and the capitalist system in Hong Kong.
      • A high degree of autonomy, indicating that Hong Kong maintains a level of governance distinct from mainland China in various aspects, such as legal and administrative systems.
      • Hong Kong people administering Hong Kong, recognizing the role of local residents in managing the administrative and governance affairs of the region, thereby promoting local participation in government.
    • Article 1 of the Basic Law stipulates that Hong Kong is an inalienable part of China, reinforcing the territorial integrity and sovereignty of the People’s Republic of China (PRC).
    • Article 2 asserts that Hong Kong enjoys a high degree of autonomy, alongside executive, legislative, and independent judicial powers, which are essential for maintaining the rule of law and governance in the region.
    • Article 12 highlights that Hong Kong functions as a local administrative region that directly operates under the Central Government, producing a distinct administrative framework.
    • Article 158 establishes that the power to interpret the Basic Law lies with the Standing Committee of the National People's Congress, ultimately directing how the law is applied and understood.
    • Article 159 grants the National People's Congress the authority to amend the Basic Law, ensuring that changes can be made while maintaining the fundamental principles of the legal structure.
    • Remarkably, over 95% of national laws do not apply in Hong Kong, allowing for a unique legal environment that is tailored to the region's needs.
    • Despite this autonomy, 14 specific national laws apply to Hong Kong, including:
      • The Nationality Law, which determines citizenship criteria.
      • The National Flag Law, establishing the regulations surrounding the use of the national flag.
      • The National Anthem Law, governing the performance and respect for the national anthem.
      • The Law on Territorial Sea, outlining the maritime jurisdiction of China.
      • The Law on the Garrisoning of the HKSAR, specifying military presence and responsibilities.
      • The Law on Safeguarding National Security in the HKSAR, which is pivotal for maintaining national security standards.
    • In terms of taxation, Hong Kong residents are not required to pay taxes to the central government, a policy that underscores the region's financial autonomy.
    • The HKSAR is responsible for controlling its own currency, officially the Hong Kong Dollar, which operates independently of the Chinese Yuan and allows for economic flexibility.
    • The HKSAR possesses full authority over the entry and exit of individuals, reflecting its control over immigration and border security policies.
    • Moreover, Hong Kong is recognized as a separate customs territory, facilitating its ability to engage in international trade independently of mainland China's customs regulations.
    • Hong Kong’s features enable it to participate actively in international organizations, such as the World Trade Organization (WTO), thus maintaining its global economic relations.
    • Article 44 stipulates that the Chief Executive of the Hong Kong Special Administrative Region must meet specific qualifications, including:
      • Being a Chinese citizen aged 40 or over, ensuring experienced leadership.
      • Being a permanent resident of the region, which emphasizes local governance.
      • Having no right of abode in any foreign country, which affirms allegiance to China.
      • Having ordinarily resided in Hong Kong for at least 20 years, indicating a strong connection to the local community.
    • Additionally, Article 55 states that members of the Executive Council of the HKSAR must be Chinese citizens who are permanent residents with no right of abode in any foreign country, reinforcing the local governance framework.

    2. The Concept of the State

    • The state is characterized by its sovereignty, which implies that it possesses the ultimate authority and power, superseding all other associations and groups found within society.
    • Public institutions, which include various branches of government, are tasked with creating and enforcing decisions that reflect the collective will and interests of the community; conversely, private institutions operate for individual or corporate interests.
    • The state serves as an exercise in legitimation, whereby its actions are seen as necessary for the common good, promoting social welfare and society's overall interests.
    • State authority is equipped with the capability and mechanisms to ensure that laws are adhered to by the populace and that transgressors face appropriate consequences, thus maintaining social order.
    • The state is essentially understood as a territorial association, possessing clearly defined borders that encompass all residents within its jurisdiction, and it is recognized as an autonomous entity on the international stage, able to engage with other nations.

    3. The Concept of National Security

    • The National Security Law of the People's Republic of China was adopted in July 2015, marking a significant legislative development for the nation.
    • National security is defined as a condition wherein the regime's sovereignty, national unity, territorial integrity, and other fundamental interests remain shielded from various threats and challenges.
    • This concept of national security extends to numerous domains, encompassing over ten critical fields, which include but are not limited to political security, homeland security, military security, economic security, and cultural security. Such a comprehensive framework allows for a holistic understanding of security in various contexts.
    • Five pairs of relationships help to elucidate the complexities of national security; these pairs include development and security (considering both external and internal factors), homeland security and the well-being of the people, traditional and non-traditional security approaches, and our own national security contrasted with common security that encompasses regional and global considerations.

    4. OCTS and National Security

    • When considering national security in the context of the Basic Law, it is essential to refer to specific articles for an accurate understanding of the legal implications. The list below encapsulates some vital elements, but it is not exhaustive; a thorough reading of the Basic Law is recommended for comprehensive coverage.
    • Article 13 underscores that the Central People's Government holds responsibility for foreign affairs in Hong Kong, indicating the region's dependency on the national government for international relations.
    • Article 14 states that the Central People's Government is also responsible for defending Hong Kong, emphasizing the national commitment to protecting the region's sovereignty and security.
    • Article 23 mandates that Hong Kong must enact laws prohibiting specific acts, including treason, secession, sedition, subversion of the central government, and theft of state secrets, among others. This is a crucial measure to safeguard national interests, particularly in the face of external pressures.
    • In addition, there are stipulations prohibiting foreign political organizations from conducting political activities in Hong Kong and restricting local organizations from forming ties with such foreign entities, reinforcing political sovereignty.
    • Annex III contains the Law of the People's Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region, providing a framework for national security legislation pertinent to the region.

    5. The HKNSL

    • The Law of the People's Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region (HKNSL) came into effect on June 30, 2020, marking a pivotal moment in Hong Kong’s governance landscape.
    • This law outlines four primary offences: secession, subversion, terrorist activities, and collusion with foreign countries or external elements that jeopardize national security, thus establishing clear legal parameters for actions considered threats to national integrity.
    • Article 20 defines secession as a criminal act; this article also elaborates on the consequences associated with attempts to break away from the state.
    • Article 22 addresses subversion, detailing punishable actions aimed at undermining the authority of the central government and its institutions.
    • Article 24 focusses on activities classified as terrorism, which encompasses a wide range of violent acts carried out to coerce or intimidate, particularly against the state.
    • Article 23 outlines the concept of collusion with foreign countries or external entities that may endanger national security. This broad provision includes various interactions that could potentially undermine state security.
    • Further emphasizing this aspect, Article 29 elaborates on the connections to foreign countries or external entities that may threaten national security, reinforcing the importance of vigilance against foreign influence.

    6. Article 23

    • Local legislation regarding national security is encapsulated in the Safeguarding National Security Ordinance, a framework that operationalizes the provisions outlined in the HKNSL.
    • While the HKNSL functions as national law, the Safeguarding National Security Ordinance is specifically designed as local legislation that tailors the application of national security measures to the unique context of the HKSAR.
    • This ordinance took effect on March 23, 2024, providing a structured approach to enforce national security laws at the local level.
    • Major offenses defined under this ordinance include treason, insurrection, incitement to mutiny and disaffection, breaches of state secrets, espionage, and sabotage, indicating the serious nature of actions classified as threats to national security.
    • Additionally, engaging in activities that endanger national security and providing assistance to organizations prohibited under this framework underscores the comprehensive efforts to maintain the integrity and safety of the state.

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    Lecture 8: One Country, Two Systems (II) PDF

    Description

    This quiz covers key concepts from Lecture 8, focusing on the Basic Law, national security, and the principle of 'One Country, Two Systems' as it relates to Hong Kong. Engage with various articles of the Basic Law and how they shape Hong Kong’s autonomy under the current governance framework. Test your understanding of these crucial legal frameworks and their implications.

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