F4 Citizenship and Social Development Past Paper PDF

# 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 B: Constitutional Relationship between the Country and HKSAR **Learning objectives:** * To understand the provisions abou...

# 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 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 highest legal status and is the origin of national laws and systems. * A constitution generally outlines the state’s political structure and the fundamental 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 (i.e. the Constitution of the People’s Republic of China) and one sovereignty (i.e. one central administrative system to exercise state power in a unified way). * **Sovereignty:** unified, persistent and inseparable highest power of a country for independently and autonomously handling its internal and external affairs. * **Jurisdiction:** 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 granted by the Central Authorities. * All local administrative units are subject to the unified 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 legal basis for the legalization, 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”. * 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 national 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 | | | HKSAR Laws | Other national laws | | | Other laws and regulations of the Mainland | | | Subordinate Law | **b. The HKSAR under “one country two systems”** * **Sovereignty and jurisdiction** belong to the Central Authorities. * Article 1 of the 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 HKSAR 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 of power of the Central Authorities. (Article 2 of the Basic Law) * The HKSAR is under the leadership and supervision of the Central Authorities when exercising its power. | **Central Authorities** | **National People’s Congress** | **Comes directly under the CPG (Article 12 of the Basic Law)** | |---|---|---| | **State Council (Central People’s Government)** | 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) | | | **Local authorities (municipal level)** | **Provinces, municipalities and autonomous regions** | **HKSAR** | **Division of functions and powers between the Central Authorities and the HKSAR** * The Central Authorities administer the HKSAR with overall jurisdiction, including: * The power directly exercised by the Central Authorities * The power authorized 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 **Constitutional Responsibilities of the HKSAR** | For | | |---|---| | Nation | Safeguarding national sovereignty, security and development interests of the country | | For HK. | Safeguarding the constitutional order in the HKSAR prescribed by the Constitution and the Basic Law | | | Maintaining the prosperity and stability of the HKSAR | | For Country | Proactively integrating into the overall development of the country | **Overall jurisdiction of the Central Authorities** *The powers directly exercised by the Central Authorities* | | Powers granted to the HKSAR | |---|---| | 1. legislative power | 1. | | 2. executive power | 2. | | 3. independent judicial power, including that of final ajudication | 3. | | 4. Power granted by the Central Authorities to the HKSAR to conduct relevant external affairs on its own (e.g. attending international events, signing international agreements etc.) | 4. | | 5. Supporting and guiding the administration of the CE and Government of HKSAR| 5. | | 6. Power of deciding on establishing the HKSAR and its system | 6. | | 7. Power of forming the organs of power of the HKSAR (e.g. appointing the CE and principal officials) | 7. | | 8. Responsible for the foreign affairs and defence of the HKSAR | 8. | | 9. Power of amending (NPC) and interpreting (NPCSC) the Basic Law | 9. | | 10. Power of deciding to apply national laws in Hong Kong. | 10. | | 11. Other powers relating to national sovereignty | 11. Other powers granted by the Central Authorities |