F4 DSE CS Theme 1 Topic 1 Past Paper PDF

# F4 DSE CS Theme 1 Topic 1 ## Part A: Brief Introduction to the Origin of the Question of Hong Kong **Learning Objectives:** * To understand that Hong Kong has been part of the territory of China since ancient times. * To understand the three unequal treaties. * To understand the brief introduct...

# F4 DSE CS Theme 1 Topic 1 ## Part A: Brief Introduction to the Origin of the Question of Hong Kong **Learning Objectives:** * To understand that Hong Kong has been part of the territory of China since ancient times. * To understand the three unequal treaties. * To understand the brief introduction to Hong Kong's return. **(I) Hong Kong has been part of the territory of China since ancient times** **Let's Think:** What evidence supports that "Hong Kong has been part of the territory of China since ancient times?" Match the evidence with the reason. * **a.** The inscription "Daji Panyu" in Lei Cheng Uk Han Tomb proved that during the Eastern Han period, Hong Kong was under Panyu County. * **b.** Tang Ancestral Hall, reflecting the migration of big clans from China to Hong Kong during since the Song dynasty. * **c.** Places in Hong Kong were recorded in the Gazetteer ofXin'an County (新安縣). It proves that Hong Kong was under the jurisdiction of Xin'an County during the late Ming and Qing dynasties. * **d.** During Song and Yuan migrants (Hakkas, Foklos, Tanlcas, Puntis) from the Central Plain of China moved to Hong Kong. These were the early settlers of Hong Kong. * **e.** Military institutions were set up in Hong Kong to be in charge of maritime and land security (e.g. Tuen Mun garrison set up during Tang Dynasty). * **f.** Song Zhao Shi and his brother Zhao Bing once took refuge Kowloon City. **(II) Origin of the question of Hong Kong: The three unequal treaties** The question of Hong Kong is a historical issue. Britain used military aggression to force the Qing Government to sign three unequal treaties, thus creating the question of Hong Kong. **a. Background:** * Colonial expansion of some western countries since the mid-18th century. * British attempt to expand trade with China and the Qing Government's closed-door policy. * British knowledge of the strategic importance of Hong Kong before its occupation: located on the coast of South China with a deep sheltered port; important to transportation and coastal defence. * 1834: William Napier's (Chief Superintendent of Trade of British Subjects) failed mission to start direct and open trade with the Qing Government and his proposal to use military force to take possession of the island of Hong Kong. **b. Let's Think:** What are the three unequal treaties? Fill in the blanks in the following table. | Convention of Peking | Treaty of Nanking | Convention for the Extension of Hong Kong Territory | |---|---|---| **(III) The Brief Introduction to Hong Kong's Return to China** **a. The question of Hong Kong:** * The Qing Government signed unequal treaties with Britain, hence Britain took over Hong Kong. * The Qing Government fell in 1911. * People's Republic of China was established in 1949. * 1960s: The United Nation established the Special Committee on Decolonization to aid colonies in gaining the right to self-determination or independence (i.e. to end colonialism). * 1970s: The lease of the New Territories was about to expire in 1997. * Hence there is a question about Hong Kong's future which involves the discussion of sovereignty and arrangement on and after 1 July 1997. **b. The position of the People's Republic of China on the three unequal treaties and the status of Hong Kong as a colony:** * 1949: The People's Republic of China shall review the various treaties and agreements between the previous Chinese Government and foreign governments. It must abolish all the special advantages of imperialist countries in China. (Article 3 and Article 55 of Common Program of the Chinese People's Political Consultative Conference, see Textbook p 16). * The three treaties signed between the Qing Government and Britain were unequal treaties. The People's Republic of China did not recognise these treaties: Hong Kong has been part of the territory of China since ancient times: China has sovereignty over Hong Kong. * Even though Hong Kong was occupied by Britain after the Opium War, it is still part oft the territory of China. * China's refusal to recognize the three unequal treaties aligns with the major grounds of international law. (Textbook p. 11) * 1969: Vienna Convention on the Law of Treaties adopted by the United Nations. A treaty is void (i.e. has no legal effect) if its conclusion as been procured by threat (Q OT,1o I). * 1974: The Resolution of the Definition of Aggression of the UN General Assembly. The territorial acquisition or special advantage resulting from aggression is void. * Aggression is the use of armed force by a State against the, inJ.eft!1(bte. overe&t,Jter (I at:i’a / jntP,;f, .//f {).,1lltlc (of another State. * 1971: The United Nations General Assembly voted to recognize the representatives of the Government of the People's Republic of China the only legitimate representatives of China to the United Nations. * 1972: The People's Republic of China wrote to the UN Special Committee on Decolonization and solemnly declared that Hong Kong has been part of the territory of China and that resolving the question of Hong Kong is a matter within China's sovereignty (i.e. Hong Kong does not have Cafaniltl status). The General Assembly passed the resolution by majority vote to remove Hong Kong (and Macao) from its list of colonies. Hong Kong does not have the position to independence or self-determination. When and how to recover the territory of Hong Kong occupied by Britain and resume the exercise of sovereignty over Hong Kong in order to safeguard national sovereignty. unity and territorial integrity. were determined by China autonomously. The Chinese Government would resolve the question of Hong Kong through neg>!;: f,1111 with the British Government. **c. Process of Hong Kong's return to China:** * 1979: Meeting between Hong Kong Governor Murray MacLehose and Chinese state leader Deng Xiaoping because the lease of the New Territories was about to expire. Deng stated that: * China owned the sovereignty of Hong Kong and would recover Hong Kong in 1997. * Hong Kong would continue to implement its capitalist system after returning to China. * 1982: Deng put forward the concept "one country, two systems" to realise the peaceful reunification of China. "One country, two systems" became the 5\o.\t vc,licy to handle the questions of Hong Kong. Macao, and T,iwan. 4p, Under the premise of one <;hina;the Mainland adheres to the .Soc. \,11 -"'while Hong Kong, Macao and Taiwan continue to implement their Cll.plt1l·& g;(\,h "one country, two systems" concept was incorporated into the Constitution.Article 3.1. (Textbook p 17). the Constitution provides the _C_O'\....;:::;....m=lt\O'VA......;._\ _,00$ ..i..S.. for the establishment of the H ng Kong Special Administrative Region of the People's Republic of China and the legal basis for the enactment of the Basic Law. 1982-1984: Sino-British negotiations over the question of Hong Kong. Britain's positionChina's positionThe three treaties wereand many amendment made should be based on them. The transfer of government of Hong Kong in 1997: China did not recognise the three unequal treaties and would definitely recover Hong Kong in 1997. **Part A.P.6:** Only British administration could ensure the prosperity and stability of Hong Kong. Proposed "exchanging sovereignty forHong Kong's administration after 1997: The prosperity of Hong Kong depended on the implementation of 'nii-'rJQ.o\(5e.sadministration": Britain would recognise Chinese sovereignty over Hong Kong in exchange for China's formal agreement to allow British administration to remain in place in Hong Kong.under the jurisdiction of China. China's decision to recover Hong Kong would cause disturbances to Hong Kong. Arrangements for the transitional period before 1997: During the transitional period, ifthere were serious disturbances in Hong Kong, the Chinese Government would reconsider the \ \"" and ¥ of recovering Hong Kong. 19 December 1984: the Chinese and British Governments signed the 31t'P- Sn,'9Q :.}o-\n Declo.wt at the Great hall of the People | The Government of the People's Republic of China would resume the P)f er6<e-: b'( l, c,.g<el<J'iy 01/Pf \io"':jKo I with effect from I July 1997. A Sredol AdMlti\Stf(Pi f-cg i0I\ would be established based on the principle of"one country two systems, and the existing systems should remain unchanged for 50 years. 1985 1990: enactment of the Basic Law The Conc.,;n:u;\:i°'Cl\ &PlU-\ V\t of the HKSAR explaining the systems to be practised in the HKSAR to ensure the implementation of the basic policies of the People's Republic of China regarding!l_Hong Kong, including "one country, two systems", Yo.a 1/201) t;,eop(e admiNtl (i " " and " (t{D115 Drafting\;rocess of the Basic Law Ho 1985: Basic Law Consultative Committee was formed J.t3rer. t:< u i no7 11, ,-19-88--19-89-: T-w-or-ou-nd-s o-f consultation to collect suggestions from different sectors of Hong Kong society **Part A.P.7** 4 April 1990: the f\.bho"c..l Peop\e \ Car;rn! passed the Decision of the National People's Congress on the Establishment of the Hong Kong Special Administrative Region Jan 1996: Establishment of the Preparatory Committee for the HKSAR to carry out preparatory work for the establishment of the HKSAR, including the fonnation of the Selection Committee, which is responsible for selecting the first Chief Executive and forming the Provisional Legislative Council 1 July 1997: China officially resumed its exercise of sovereignty over Hong Kong. The national flag of the People's Republic of China and the regional flag of the HKSAR were raised. (d) Significance of Hong Kong's return to China (Fextbook p. 21) Resolving the question of Hong Kong and safeguarded the sovereignty and territorial integrity of China Maintaining Hong Kong's prosperity and stability Setting an example for resolving the questions of Macao and Taiwan and facilitates China's peaceful unification **Part A.P.8:** f WJ AH kB =-'-.si.b.s.....:.uil..i..... t,ie,s.._ t. eo.Y)l'l : bH6V\y """.7 !rlJe nl-ent re.J ctec{l .-->by U.N. }e I,§+ 1flll of Q;rl_g E}overm-R.f1"L r) Sove<e.f "-t l) o.J.Yl'\itiiStra.lio'I :--+..--.:=- _..!,£..1..!..L!V-------- s."tabi, Ii F e · Maif\laJ odkre .socsali' uo.. at it) ## Part B: Constitutional Relationship between the Country and HKSAR **Learning Objectives:** * To understand the provisions about the Hong Kong Special Administrative Region in the Constitution and the Basic Law. * To understand that Hong Kong's high degree of autonomy originates from the delegation of power from the Central Authorities. **(I) What is a constitution?** A constitution is the basis for the founding of a modern state. It has the higher legal authority and is the origin of the constitutional law and systems. A constitution generally outlines the state's political structure and the rights of its citizens. Some constitutions also outline the goals of founding the states as well as their social and economic policies. **(II) Features of the constitutional structure of the People's Republic of China:** The country has only one Constitution (中华人民共和国宪法) (i.e. Constitution of the People's Republic of China) and one sovereignty (i.e. one central administrative system to exercise state power in a kind of unified, persistent and inseparable highest power of a country for independently and autonomously handling its internal and external affairs). * **Sovereignty:** the exercise of sovereignty, the specific powers to govern a country, and an inseparable part of sovereignty. Local political institutions exercising jurisdiction do not have sovereignty on its own. * **China is a unitary system:** The Central Authorities exercise all power on behalf of the state. China has a state organ with central and local levels. The power of local authorities are ratified by the Central Authorities. All local administrative units are subject to the under the leadership of the Central authorities. Local governments come directly under and are subject to the supervision of the Central Authorities. Local governments do not have any residual power: the power that is not listed in the constitution or the constitutional law. **(III) Constitutional relationship between the state and HKSAR** **a. Legal status of "one country, two systems" and the Basic Law:** The Constitution and the Basic Law together form the constitutional basis of the HKSAR. They ensure that the "one country two systems" principle fits into the constitutional structure of the country. * **The Constitution provides the basis the legalisation, institutionalisation and implementation of the "one country, two systems" principle.** Apart from Article 31, other provisions of the Constitution also have a guiding and regulating role in the implementation of "one country, two systems". (ref Textbook p.33) * **The Constitution and the legislative basis for the Basic Law. It is the foundation of law for the Basic Law.** The Basic Law is a l"'ia, "Τίοομ\ law. The relationship between the Constitution and the Basic Law is one between "parent law" and "subordinate law". The Basic Law must comply with the Constitution. * **The Basic Law is the constitutional law of the HKSAR. The laws enacted by the LegCo / local law must comply with the Basic Law** | Constitution | Parent law | |----------|----------| | HKSAR Basic Law | Other national laws | | HKSAR laws | subordinate law | **b. The HKSAR under "one country two systems":** * **Save (e 19ntV and belong to the Central Authorities.** Article I of th/ Basic Law: "The Hong Kong Special Administrative Region is an inalienable part of the People's Republic of China". * **Power of the HKSAR is granted by the Central Authorities.** (Article 12 of the Basic Law) The HK.SAR is a local administrative region with a special status which is under the direct administration of the Central Government. It is established under the authorization of the Central Authorities in accordance with the Constitution. * **Under the unitary system, the HKSAR does not have any inherent power. The high degree of autonomy it enjoys originates from the delegation central authorities.** Article 2 of the Basic Law) The HKSAR is under the lcadenhip and supervision of the Central Authorities when exercising its power. **Central Authorities** * Decides to establish a special administrative region (Article 31 of the Constitution) * Authorises the HKSAR to exercise a high degree of autonomy (Article 2 of the Basic Law) * Comes directly underthe CPG (Article 12 of the Basic Law) **Local authorities (municipal level)** * HKSAR **Division of functions and powers between the Central Authorities and the HKSAR (Textbook pp. 32-39):** * **The Central Authorities administer the HKSAR with including -ov-er-a.1-1:** jurisdiction, The power directly exercised by the Central Authorities * **The power authorised to the HKSAR to enable it to exercise a high degree of autonomy in accordance with the law** Details please see the mind map on p. 4 of Notes **f** _**onstitutional Responsibilities of the HKSAR (Textbook p. 42):** 1. Safeguarding national sovereignty, security and development interests of the country 2. Safeguarding the constitutional order in the HKSAR prescribed by the Constitution and the forHK. **Basic Law:** * Maintaining the prosperity and stability of the HKSAR * Proactively integrating into the overall development of the **Part B.P.4:** **Overall jurisdiction of the Central Authorities:** * **The powers dlrectly exercised by the Central Authorities** * Power of deciding on establishing the HKSAR and its system * **Powers granted to the HKSAR:** * Power of forming the organs of power of the * Supporting and guiding the * executive power * legislative power * Responsible for the administration of the CE and Government of HKSAR * independent judicial power, including that of final adjudication * Power granted by the Central Authorities to the HKSAR to conduct relevant external affairs on its own (e.g. attending international foreign affairs and defence of the HKSAR) * Power of amending (NPC) and interpreting (NPCSC) the Basic Law events, signing international agreements etc.) * Other powers granted by the Central Authorities * Power of deciding to apply national laws in Hong Kong. * Other powers relating to national sovereignty ## Part C: Safeguarding National Security **Learning Objectives:** * To understand the notion of national security, the holistic approach to national security, and different aspects of national security. * To understand the significance and importance of safeguarding national security: safeguarding sovereignty and is the cornerstone of our country's long-term security and social stability. Other countries also have legislations on national security. **(I) What is national security?** Article 2 of the National Security Law of the People's Republic of China (Textbook pp. 54-55) **Safeguarding the security of core and of the country i.e. national interest (e.g. territorial integrity, stability of the political system, sense of cultural identity, national security, etc.)** A status without external threat and infringement and without internal unrest and disorder In the real world, there is no absolute national security. RJsk factors always exist * **Involves enhancing to guarantee a sustained condition. Significance of safeguarding national security (Textbook p. 59): Upholding and promoting development: development security need to be advanced simultaneously** * **Fulfilling civic oh lisdion : national security is the foundation for the survival and development of a country.** It is the obligation of all Chinese citizens to establish a holistic view of national security and develop a self-awareness of safeguarding national security. **(II) Promotion of national security in our country:** In 2014, the **of the Communist Party of China decided to establish the Central National Security Commission** to formulate and implement national security strategies, promote development of national security laws, formulate policy directions for work about national security and research solutions to important national security problems. President Xi put forward the "holistic view of national security" in the first meeting of the Commission. * **There are different laws in PRC to promote national security of our country, e.g.:** * National Security Law * National Intelligence Law **(III) Core elements of the holistic approach to national security (Textbook p. 56):** _continued on next page._