Political Structure of HKSAR Quiz

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Questions and Answers

Which of the following best describes the relationship among the three powers in the political structure of the HKSAR?

  • The judiciary is subordinate to the executive.
  • The legislature holds supremacy over the executive.
  • The three powers operate independently without any interaction.
  • There are checks and balances among the executive, legislature, and judiciary. (correct)

Judicial immunity means that members of the judiciary can face legal action while performing their judicial functions.

False (B)

Explain the significance of judicial independence in the context of the rule of law.

Judicial independence ensures that justice is administered fairly, without interference from external forces, thereby upholding the rule of law.

The HKSAR is responsible for ensuring _____ among the three powers to maintain an effective governance system.

<p>checks and balances</p> Signup and view all the answers

Match the following concepts with their definitions:

<p>Rule of law = Principle that law applies equally to all individuals Judicial independence = Judiciary operates free of influence from other branches Law-abidingness = Adherence to the law by individuals and institutions Judicial power = Authority to interpret and apply the law</p> Signup and view all the answers

What was the significance of the Treaty of Nanking?

<p>It ceded Hong Kong Island to Britain. (A)</p> Signup and view all the answers

China recognized the three unequal treaties regarding Hong Kong.

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

When did China officially resume its sovereignty over Hong Kong?

<p>July 1, 1997</p> Signup and view all the answers

The Basic Law serves as a constitutional document for the __________ Special Administrative Region.

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

Match the following events with their corresponding significance:

<p>Treaty of Nanking = Ceded Hong Kong Island to Britain Sino-British Joint Declaration = Agreement to exchange sovereignty for administration Basic Law = Constitutional framework for HKSAR Handover Ceremony = Official transfer of sovereignty to China</p> Signup and view all the answers

What concept was put forward by Deng Xiaoping for the peaceful reunification of China?

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

The Basic Law was drafted without any consultation from the people of Hong Kong.

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

What was the primary aim of the Sino-British Joint Declaration?

<p>To agree on the arrangements for the transfer of Hong Kong's sovereignty.</p> Signup and view all the answers

What is one of the key features of the Rule of Law?

<p>Judicial independence (C)</p> Signup and view all the answers

Equality before the law means that only certain individuals are guaranteed a fair trial.

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

What does the right of appeal ensure within the context of fair trials?

<p>It allows individuals to contest the decisions made by a lower court.</p> Signup and view all the answers

The _______ of laws refers to the stability and flexibility needed in the legal system.

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

Match the following aspects of the Rule of Law with their descriptions:

<p>Judicial Independence = Prevents government abuse of power Equality Before the Law = Applicable to everyone Clarity of Laws = Transparent legal processes Fair Trials = Rights to defend and appeal</p> Signup and view all the answers

How does the Rule of Law benefit Hong Kong's business environment?

<p>Through fair and transparent legislation (B)</p> Signup and view all the answers

The principle of presumption of innocence means that an accused person is considered innocent until proven guilty.

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

What role does the independent judicial system play in protecting personal rights in Hong Kong?

<p>It ensures fair and just hearings that protect individuals' rights.</p> Signup and view all the answers

Who is responsible for appointing the Chief Executive of the HKSAR?

<p>The Central People's Government (CPG) (B)</p> Signup and view all the answers

The Chief Executive of the HKSAR serves as the head of the Judicial Council.

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

What is one of the main responsibilities of the Executive Council?

<p>Assists the Chief Executive in policy making.</p> Signup and view all the answers

The Chief Executive represents the HKSAR as a '_____ head.'

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

Which of the following is NOT a method for the formation of the Legislative Council?

<p>Appointment by the Chief Executive (A)</p> Signup and view all the answers

Match the following branches of the HKSAR government with their primary functions:

<p>Chief Executive = Represents the HKSAR and manages executive affairs Executive Council = Assists in policy making Legislative Council = Enacts laws and approves public expenditure Judiciary = Exercises final adjudication</p> Signup and view all the answers

What powers does the Legislative Council NOT have?

<p>Appoint the Chief Executive (C)</p> Signup and view all the answers

Who does the public servants in the HKSAR report to?

<p>The Chief Executive and the HKSAR Government.</p> Signup and view all the answers

Which of the following is NOT considered a core element of a holistic approach to national security?

<p>Global economic competition (D)</p> Signup and view all the answers

Secession is one of the four categories of offences included in the National Security Law.

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

What is the primary responsibility of the state as mentioned in the document?

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

The National Security Law aims to protect the safety of the country and Hong Kong while maintaining _____ stability.

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

Match the following terms with their definitions:

<p>Chief Executive = Head of government in Hong Kong Patriots administering Hong Kong = Individuals committed to upholding national security Dual head = Co-leaders in governance Executive Council = Advisory body to the Chief Executive</p> Signup and view all the answers

What does the principle of the rule of law entail according to the National Security Law?

<p>The presumption of innocence during judicial proceedings (C)</p> Signup and view all the answers

The National Security Law was enacted to promote individual freedoms over state control.

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

List any two of the four categories of offences outlined in the National Security Law.

<p>Terrorist activities, collusion with foreign country</p> Signup and view all the answers

What is the primary constitutional feature concerning the power of local authorities in Hong Kong?

<p>It originates from the Central Authorities. (A)</p> Signup and view all the answers

The HKSAR has complete control over its foreign affairs and defense.

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

What is the relationship between the Central Authorities and the HKSAR?

<p>One of authorising and being authorised.</p> Signup and view all the answers

The constitutional responsibility of the HKSAR includes maintaining the prosperity and stability of _____ .

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

Match the following powers with their respective authorities:

<p>Central Authorities = Declare a state of emergency HKSAR = Maintain constitutional order</p> Signup and view all the answers

Which document provides the legal basis for 'one country, two systems'?

<p>The Basic Law. (A)</p> Signup and view all the answers

The Constitution does not provide legislative backing for the Basic Law.

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

What core spirit is enshrined in the Constitution?

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

Flashcards

Unequal Treaties

The unequal treaties forced upon China by Britain during the Opium Wars, which ceded control of Hong Kong Island and parts of the Kowloon Peninsula.

Rule of Law

A principle where everyone must abide by laws and the laws are upheld by independent, fair, and accessible courts.

One Country, Two Systems

The policy of peaceful reunification of China, emphasizing One Country, Two Systems, to maintain the capitalist system of Hong Kong, Macau, and Taiwan while they return to China.

Judicial Independence

Having an independent judiciary that is free from political pressure and can impartially judge cases.

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Equality Before The Law

All individuals, regardless of their position or background, are subject to the same laws and have equal rights.

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Basic Law

A significant document outlining the governing principles and system of the Hong Kong Special Administrative Region (HKSAR) after its return to China in 1997.

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Clarity and Open Access to Laws

Laws must be clear, accessible, and transparent to all.

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Hong Kong Negotiations

The process of negotiations between China and the UK regarding Hong Kong's return. Involved an agreement for China to regain sovereignty while allowing Hong Kong to maintain its capitalist system for 50 years.

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Hong Kong Handover

The official handover of Hong Kong from British rule to Chinese sovereignty on July 1, 1997, marking the establishment of the Hong Kong Special Administrative Region.

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Importance of Rule of Law in Hong Kong

A cornerstone in Hong Kong that fosters social harmony, protects individual rights, and creates a fair business environment.

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Judicial Review

The ability to challenge government actions in a court of law ensures that the government does not exceed its powers.

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Sino-British Joint Declaration

An essential agreement signed by China and Britain in 1984, detailing the terms of Hong Kong's return to China in 1997, including the 'One Country, Two Systems' principle.

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Basic Law Drafting Committee

The institution responsible for drafting the Basic Law, involving consultations with Hong Kong residents, ensuring the legal framework for the HKSAR.

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Non-retroactivity of Law

Applying laws only to events that occurred after the law was passed.

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Preparatory Committee

A committee established to prepare for the establishment of the Hong Kong Special Administrative Region, playing a crucial role in the smooth transition.

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Fair Trial

A system where everyone has the right to a fair and impartial trial.

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Common law

The system in which judges rely on previous rulings, precedents, and principles to make new decisions.

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Executive-led

A system where the executive branch holds more power than the legislative branch. This means the Chief Executive plays a leading role.

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Law-abidingness

The idea that everyone should follow the law and respect its principles.

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What is the role of the Chief Executive in the HKSAR?

The highest governing body in Hong Kong, responsible for making policy decisions for the entire territory.

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What is the Executive Council (ExCo)?

A group of advisors that assist the Chief Executive in policymaking, including government officials, LegCo members, and public figures.

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How is the Legislative Council (LegCo) formed, and what are its key powers?

Elected through a multi-tiered system of elections, it has the power to enact laws, approve public spending, monitor the government, and even impeach officials.

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How is the HKSAR's judiciary structured?

The court system consists of several levels, with the Court of Final Appeal at the top, responsible for the final interpretation of the law.

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What is the role of District Organizations in the HKSAR?

These councils are not directly involved in political power but advise the government and offer various public services.

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What is the role of public servants in the HKSAR?

Public servants are responsible to the Chief Executive and the government, and provide the operational backbone for the HKSAR's administrative functions.

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How is the Chief Executive of Hong Kong selected?

The Chief Executive is chosen through a complex process involving the Election Committee and the Central People's Government.

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To whom is the Chief Executive of Hong Kong responsible?

The Chief Executive reports to both the Central People's Government (CPG) and the people of Hong Kong.

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National Security

The state's overall safety, including its regime, territory, wellbeing of its people, and economic development. It implies a secure status where threats are minimized or contained.

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Holistic Approach to National Security

A comprehensive approach to security encompassing traditional (military) and non-traditional (economic, environmental) aspects. It focuses on safeguarding national interests and managing various threats.

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Background of National Security Law Legislation

The central authority's decision to enact a national security law for Hong Kong, motivated by perceived threats to national security from anti-government activities.

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Four Categories of Offenses under National Security Law

The four types of offenses defined by the National Security Law for Hong Kong: secession, terrorism, subversion, and collusion with foreign forces.

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Enactment of National Security Law

The process of implementing and enforcing the National Security Law in Hong Kong through education, awareness campaigns, law enforcement, and prosecution.

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Functions of National Security Law for HK

The National Security Law aims to ensure Hong Kong's long-term development by maintaining stability, protecting the 'One Country, Two Systems' principle, and securing the safety of both Hong Kong and China.

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Balance between Rule of Law and Human Rights

The National Security Law emphasizes balancing law enforcement with human rights by guaranteeing fair trials, respecting judicial due process, and protecting fundamental freedoms.

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Patriots Administering Hong Kong

The principle of 'Patriots Administering Hong Kong' signifies that individuals governing Hong Kong should uphold national interests and be loyal to China.

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Central Authorities' Power in Hong Kong

The Central Authorities directly exercise power in Hong Kong with a high degree of autonomy, ensuring oversight over the HKSAR's autonomy.

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Powers Delegated to the HKSAR

The HKSAR has the power to form its own government, amend laws, and participate in foreign affairs, but within the boundaries set by the Central Authorities.

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Legal Basis of the Basic Law

The Basic Law is the fundamental legal document that outlines the principles and system of the HKSAR, derived from the Chinese Constitution.

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Constitutional Responsibilities of the HKSAR

The HKSAR has the primary responsibility to uphold the constitutional order of China, ensure economic prosperity, and integrate Hong Kong into national development plans.

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Sovereignty and Jurisdiction in Hong Kong

The principle of

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Central Authorities' Role in Establishing the HKSAR

The Central Authorities establish the HKSAR, its government, and its legal system.

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Relationship Between Central Authorities and HKSAR

The relationship between the Central Authorities and the HKSAR is one where the Central Authorities authorize and supervise the HKSAR's exercise of autonomy.

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Division of Powers Between Central Authorities and HKSAR

The HKSAR has a high degree of autonomy in internal affairs but the Central Authorities hold ultimate responsibility for foreign affairs and defense.

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Study Notes

Origin of the Question of Hong Kong

  • Hong Kong has been part of the territory of China since ancient times
  • First Opium War → Treaty of Nanking signed → Hong Kong Island to Britain
  • Second Opium War → Convention of Peking signed → Cession of Kowloon Peninsula to Britain
  • Convention for the Extension of Hong Kong Territory signed → Lease of the New Territories to Britain
  • China's position on the question of Hong Kong → Not recognising the three unequal treaties

Course of Hong Kong's Return to China

  • One country, two systems
  • Background: A concept put forward by Deng Xiaoping aiming at reunification of China → became the basic state policy for handling the questions of Hong Kong, Macao and Taiwan
  • Under the premise of one China, the Mainland adhered to the socialist system while Hong Kong, Macao and Taiwan continue to implement their capitalist systems for a long time
  • Negotiations on the question of Hong Kong
    • China: would recover Hong Kong
    • Britain: proposed "exchanging sovereignty for administration" in 1997
  • Formulation of the Basic Law
    • Process: Basic Law Drafting Committee formed by the NPC → Basic Law drafting work completed → The NPC passed the Basic Law
    • Content: A constitutional document of the HKSAR, prescribing the systems to be practiced in the HKSAR
    • Significance: Provides legal protection for national unity and territorial integrity; becomes a model for peacefully resolving questions left over from history
  • Establishment of the HKSAR
    • Preparatory Committee for the HKSAR was formed: To carry out preparatory work for the establishment of the HKSAR, including the formation of the Selection Committee, and the first Legislative Council of the HKSAR
    • The return of Hong Kong: The handover ceremony was held on 30 June, 1997 → China officially resumed its exercise of sovereignty over Hong Kong on 1 July → The HKSAR was established. The Basic Law came into effect.

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