F4 CSD MYE PDF - Hong Kong - Topic 1

Topic 1 Hong Kong: Hong Kong Island, Kowloon Peninsula, New Terrirories 1. Local administration region - Has been under jurisdiction of 4 counties 郡 2. Cultural system - Similar to Pearl River Delta in Middle Neolithic period 新石器時代 (pottery, burials and cultural relics) → c...

Topic 1 Hong Kong: Hong Kong Island, Kowloon Peninsula, New Terrirories 1. Local administration region - Has been under jurisdiction of 4 counties 郡 2. Cultural system - Similar to Pearl River Delta in Middle Neolithic period 新石器時代 (pottery, burials and cultural relics) → close connection - Cantonese - Same traditional chinese culture (folk beliefs, values, food and entertainment) 19th century: three unequal treaties from Britain→ question of HK (background: Industrial Revolution, colonial expansion; Qing dynasty seclusion policy, national power lags behind) (HK: port for transport, coastal defence) (Portugal, Netherlands, Japan have invaded) 1. Treaty of Nanking 1842 (destruction of opium at Humen→ First Opium War→ cede HK Island) 2. Convention of Peking 1856 (Arrow Incident 亞羅號事件 → Second Opium War→ cede Kowloon Peninsula of Boundary Street including Stonecutters Island) 3. Convention for the Extension of Hong Kong Territory 1898 (Sino-japnese war→ spheres of influence→ cede south of Shenzhen River, north of boundary street and 235 islands for 99 years) Characteristics of unequal treaties: 1. Pressure and force the other party to sign the treaty by force 2. No equal bargaining position 3. Content reflects unequal relationship of rights and obligations 4. Violates the national sovereignty or interest * also occupied Hong Kong Island, Kowloon, New Territories China has never recognize the three unequal treaties (Paris Peace Conference) Hong Kong is a part of China British occupation does not affect the legal status of Hong Kong as a part of China Reasons as why HK does not have colonial status 1. Vienna Convention on Law of Treaties 2. UN resolution on the Definition of Aggression 3. UN delete HK from the list of colonial territories Process of HK’s return to China 1. Common Program of the Chinese People’s Political Consultative Conference 2. One Country (political), Two system (economic) - Deng Xiaoping 1982 - For Taiwan, Macao and HK - Consitution: legal basis for Basic Law+ constitutional basis for HKSAR 3. Sino-British Joint Declaration - 22 rounds of negotiations  - 13 year transition period 4. Basic Law - Constitutional document of HKSAR - One country two system - High degree of autonomy - Come directly from Central People’s Government - Protect basic rights and freedom 5. Established on 1997 July 1 → safeguard HK’s sovereignty, maintain international financial centre, free port, set example to Taiwan and Macao Topic 2 Country: territory, people, government, sovereignty主權 (ability to establish relations with other countries) China: Unitary state Constitution of the People’s Republic of China - Highest authority State organ system with central local levels - Highest power: National People’s Congress Local Power - Granted by Central Authorities - Under leadership of NPC - Order: provinces 省, municipalities 直轄市, SAR, autonomous regions自治區 → prefecture 縣→ country→ town→ village Hong Kong legal status - Basic Law Article 1: HKSAR is an inalienable part of PRC Article 12: local administrative region, high degree of autonomy+come directly under Central’s People Government - The central authorities exercise overall jurisdiction over HKSAR Enacting Basic Law, overseeing HKSAR Powers exercised by Central Authorities 1. Decide the establishment of HKSAR and its system 2. Power of forming organs of power of HKSAR (appointing Chief Executive) 3. Support and guide the administration of Chief Executive and government (CE need to report work to central authority on annual basis) 4. Foreign affairs 5. National defence 6. Amendment (NPC) and interpretation of Basic Law (Standing Committee of NPC) 7. Decide apply national laws in HK 8. Other powers (residual power) Powers of HKSAR granted by central authority 1. Executive power (Chief Secretary for Administration, Chief executive, executive council, financial secretary, secretary of justice→ policy address, budget) 2. Legislative power (geographical constituencies 20, functional constituencies 30, election committee 40→ tgt 90 legislative council→ enact laws and approve budget) 3. Independent judicial power (court of final appeal) 4. Conduct external affairs (WTO, olympics) 5. Other powers One country two systems - Complete concept, x separate - One country: foundation of two systems - Two systems: subordinate from one country → HK’s constitutional responsibilities - Safeguard national sovereignty - Safeguard constitution, basic law - Maintain stability of HK - Integrate constitution into overall development of HK → constitution provides legal basis for octs → basic law must also compley with constitution Topic 3 National security: a status of the state is not faced with any danger or threats and can maintain a sustained security status - Safeguard security of core interest of the state - Status without external and internal threats - X absolute national security, risk factor always exist - Enhance capability to guarantee *constantly adjust areas and scope of national security Linked to national interest: core interest (stability of political system, sense of cultural identity, territorial integrity, national security) → respond the changes Holistic view of national security 1. Political security 2. Military security 3. Homeland security 4. Economic security 5. Financial security 6. Cultural security 7. Societal security 8. Science and technology security 9. Cybersecurity 10. Food security 11. Ecological security 12. Resource security 13. Nuclear security 14. Overseas interest security 15. Outerspace security 16. Deep sea security 17. Polar security 18. Biosecurity 19. artificial intelligence security 20. Data security National Security Day: 15 April Enactment of The Law of the People’s Republic of China on Safeguarding National Security - enacted頒布 by standing committee of NPC (Article 23 states that HKSAR should enact laws on its own to prohibit any act of treason against Central people’s government) - implemented實施 by HKSAR - Annex III of Basic Law - 6 chapters with 66 articles Punishment of 4 types of offences (chapter III) 1. Secession 分裂國家  2. Subversion of state power顛覆國家政權 3. Organizing and carrying out terrorist activities組織、實施恐怖活動 4. Collusion with foreign or external forces to endanger national security勾結外國或境外勢 力危害國家安全 Institutions→ formulate policies for safeguarding national security Committee of Safeguarding National Security of HKSAR Office for safeguarding national security of the central people’s government in HKSAR Education→ raise awareness Significance of safeguarding national security 1. Promote national development Many risks→ Advance development and security simultaneously to create a safe environment for the development of society 2. Fulfilling civic obligation Foundation for survival and development of a country Obligation for chinese citizens to have a holistic view of national security and develop self-awareness Significance of national security law 1. Fulfilling constitutional responsibilities Article 23 states that HKSAR should enact laws on its own to prohibit any act of treason against Central people’s government Establish national security legal system 2. One country two system Respect hk’s high degree of autonomy→ enact law to delegate its power to enforce national security, provide guidance 3. Balancing between Rule of law and human rights While safeguarding national security, human rights are also protected (the 4 offence are specific) and rule of law is upheld Topic 4 Political structure executive-led→ executive authorities are in an active and dominant position in the operation of the government Chief executive: dual head and dual responsibility Chief executive represents HKSAR→ accountable to HKSAR+Central People’s Government Mutual regulations and coordination between executive authorities and legislature; independent judicial power Executive Chief Executive (>40 years of age, permanent resident, no right of abode in any foreign country, resided in HK for >20 years) - Term of office: 5 years, no more than 2 consecutive terms - Elected by an election committee (Term of office: 5 years, permanent residents of HKSAR) - Appointed by the Central People’s Government 1. Implement laws 2. Participate in legislative process (sign bills, promulgate laws, sign budget) 3. Executive management 4. Appoint and remove officials 5. Implement and conduct affairs according to central authorities directives 6. Others (handle petitions and complaints) Executive Council - Assist Chief Executive in policy making - Official and non-official members (permanent resident, no right of abode in any foreign country) - Meet once a week - CE consult EC b4 making any decisions EXCEPT appointment, removal, disciplinary of officials Structure of executive authorities - Head: Chief Executive - Chief Secretary for Administration 司長政務司司長 陳國基 Coordinate policies, bureaux - Financial Secretary 財政司司長 陳茂波 Oversee financial policy formulation - Secretary for Justice 律政司司長 林定國 Leads department of Justice (permanent resident, no right of abode in any foreign country resided in HK for >15 years) 1. Formulate and implement policies 2. Conduct administrative affairs 3. Conduct external affairs as authorized by the Central People’s Government  4. Draw up and introduce budgets 5. Draft and introduce bills - 15 policy bureaux, 56 departments - Audit Commission 審計委員會 - Independent Commission Against Corruption廉政公署 - Office of the Ombudsman監察員辦公室 → independent departments accountable to the CE Policy-making 1. Collects demands from public 2. Decide priority and formulate policies (legislative+executive) 3. Action 4. Receive feedback from public and amend the policies Enacting laws 1. Goverment draft the bill 2. Consults executive council 3. Submit to legislative council for passage 4. Sign and promulgated by CE 5. Published 6. Report to Standing Committee of NPC Legislature Legislative Council (direct election) 90 - Election committee 40 - Functional constituencies 30 - Geographical constituencies 20 Term of office: 4 years (permanent resident, no right of abode in any foreign country) (permanent resident but not chinese nationality/ right of abode in any foreign country 20%) 1. Enact, amend, repeal laws 2. Examine and approve budgests of government 3. Receive and handle complaints of HK residents 4. Impeachment (chief justice of the court of final appeal to investigate→ if evdience is sufficient to two-thirds of majority, report to CPG) -meet every wednesday morning -shall not be less than hald of its member (president) Priority: bills introduced by government→ passes by simple majority Bills introduced by LegCo members→ simple majority votes of 2 groups (election committee+ funtioncal constituencies and geographical constituencies) → CE sign and promulgates refuse to sign 1. Pass again by >two-thirds of majority 2. Still refuse → dissolve legco (once in each term) 3. New legco pass by two-thirds 4. Still refuse→ resign Regulate between executive and legislative Executive: Bill may only take effect after signed by CE CE dissolve Legco under specific circumstances Legislative: CE must resign under special circumstances Legco can impeach CE Coordination between executive and legislative Executive introduce budget/bills→ legco pass and approve CE and come legco members are elected by election committee Judiciary - Enjoy independent judicial power, final adjudication - Judges are appointed by Chief Executive (chinese permanent residents, no right of abode in any foreign country) appointment/ removal: CE needs endorsement of legco and report to SCNPC - 18 District councils: advise government District council ordinance Term of office: 4 years Popularly elected - Public servants (take oaths and sign declaration) Patriots administering Hong Kong - chinese permanent residents, no right of abode in any foreign country - Oath-taking - Disqualification when convicted of offence of national security Topic 5 Rule of law 1. High status 2. Application of law is equal, non-retrospectivity 3. Judicial independence (effectively check and balance exe/legis) 4. Stable and transparent 5. Protect rights and freedom Significance 1. Protect human rights (equal before law) 2. Form social stability 3. Fair social environment 4. Ensure fair and just business environment (disputes can be handled fairly) HK legal system: consitutional framework→ constitution+basic law Common law (britain)+ statutory law Sound system of appointment and removal of judges→ maintain neutrality Legal aid service - The resource centre for unpresented litigants Provide procedural advice (X legal advice) - Legal aid department Provide solicitor or barrister (lawyer) in civil/ criminal proceedings Fair and open trail 1. Presumption of innocence 2. Right of silence and right to defend 3. Open trail 4. Jury system 5. Right of appeal (correct errors made in a trail to prevent miscarraige of justice) 6. No double jeopardy (If a person has been previously acquitted or convicted of an offence, any subsequent prosecution for the same offence will be barred. 之前已被無罪 釋放或被定罪，則禁止對同一罪行進行任何後續起訴)