Y10 Summary Note of 1st Semester PDF

2425 Year 10: Summary note of 1st semester Created by Mr Andy Lo Jurisdiction – HK was under the jurisdiction of four counties under the administration of the Chinese government Cultural origin - HK shares the same traditional culture, i.e. Lingnan culture, as the Pearl River...

2425 Year 10: Summary note of 1st semester Created by Mr Andy Lo Jurisdiction – HK was under the jurisdiction of four counties under the administration of the Chinese government Cultural origin - HK shares the same traditional culture, i.e. Lingnan culture, as the Pearl River Delta river from as far as the Neolithic period. Three unequal treaties - The three unequal treaties related to Hong Kong are the Treaty of Nanking (1842), which ceded Hong Kong Island following the First Opium War; the Convention of Peking (1860), which ceded the southern part of the Kowloon Peninsula and Stonecutter Island after the Second Opium War; and the Convention for the Extension of Hong Kong Territory (展拓香港界址專條) (1898), which leased the New Territories for 99 years after the first Sino-Japanese War (indirectly). The fact that treaties were signed under coercion means they were not recognized by international law. The origin of the questions of Hong Kong is that Hong Kong was militarily occupied so that China could not exercise its sovereignty over Hong Kong from 1982-1997. There were some who were confused about whether Hong Kong was still a part of China. The Sino-British Joint Declaration was signed in 1984 to mark the resumption of the exercise of sovereignty over Hong Kong. 1-country-2-systems: The concept of 'one country, two systems' was introduced by Deng to ensure a smooth transition. Basic Law: A mini-constitution, which prescribes the systems to be practised in the HKSAR, e.g. 1-country-2-system. One of the main content written in the Basic Law is that the HKSAR is a local administration region of the People Republic of China that enjoys a high degree of autonomy and comes directly under the Central People's Government. One significance of Hong Kong's reunification is that it safeguards the sovereignty of China and the integrity of its territory. Unitary state - China's is a unitary state. Its state power is uniformly exercised by one centralised organ - the National People's Congress (NPC). The unitary nature of the PRC means that while Hong Kong has its own legal system, the central government can assert authority, especially in matters deemed critical to national security.  State organ system - Under this system, there are the central and local levels. The central level, which is also known as the the Central People's Government or the Central Authorities, grants local governments the power to govern at a local level. Constitution - The Constitution of the People's Republic of China establishes the framework of government, fundamental rights, and the leadership of the Communist Party. It also designates the National People's Congress as the highest state authority. Administrative regions - At the local levels, the administrative units by geographical division are called administrative regions. The four levels are called provinces, prefectures, counties, and towns and villages. They are not independent from the Central Authorities. Special Administrative Region - Although Hong Kong is a small place, it comes directly under the Central People's Government, just like the 23 provinces in China. Overall jurisdiction - The Central Authorities exercise overall jurisdiction over the HKSAR. This includes powers directly exercised by the Central Authorities and those granted to the HKSAR to exercise a high degree of autonomy. o Powers directly exercised by the C.A. § Deciding on establishing the SAR and the systems (Article 31 of the Constitution) § Appointing the Chief Executive (CE) and principal officials § Requiring the CE to report his/her work annually to the Central authorities § Stationing People's Liberation Army in H.K. § Amendment and interpretation of the Basic Law o Powers granted by the Central Authorities to the HKSAR § A high degree of autonomy including § Executive power: Policy formulation § Legislative power: Law formulation § Judicial power: Allowing local courts to make their own rulings § Conducting relevant external affairs on its own § Joining international organisation under the name of HKSAR The relationship between the Constitution and the Basic Law is one of hierarchy, where the Constitution serves as the "parent law" and the Basic Law acts as a "subordinate law." Article 31 of the Constitution specifies that laws for special administrative regions must be defined by law, leading to the creation of the Basic Law tailored for the Hong Kong Special Administrative Region (HKSAR). The Basic Law is thus based on the Constitution.  National security is the basis of peace and stability that ensures a good life for its people. Its meaning is to safeguard the state’s core interests and other major interests of the country. It covers the regime, sovereignty, unity and territorial integrity, welfare of the people, sustainable economic and social development. The ‘holistic approach to national security’ - This comprehensive approach proposed by Xi Jinping aims to address a broader range of security challenges. The traditional legislation primarily addresses risks in areas like politics, homeland, and military affairs, but fails to adequately cover non-traditional areas such as science and technology, culture, cyber security, and the ecological environment. The Hong Kong National Security Law, effective from June 30, 2020, defines four categories of offenses: secession, subversion, terrorist activities, and collusion with foreign entities that threaten national security. It was enacted directly by the National People's Congress and listed in Annex III of the Basic Law, then promulgated by the HKSAR Government. In contrast, non- national laws typically require discussion and endorsement by the Legislative Council before being gazetted by the HKSAR Government. Different national security organisations - are established after the enactment of the Hong Kong National Security Law. The Central People’s Government Office on National Security (駐港國安公署) is a central government agency in Hong Kong that oversees the implementation of the National Security Law (NSL) and coordinates with local authorities. Supporting its efforts is the Committee for safeguarding National Security (維護國家安全委員會), a high-level government body that formulates policies and coordinates national security initiatives across departments. The Hong Kong National Security Department at the Police Force (警務處國 家安全處), a specialized unit within the police, investigates national security offenses, conducts arrests, and gathers intelligence. The National Security Prosecution Division at the Department of Justice, is responsible for prosecuting cases under the NSL, ensuring legal adherence. Finally, judicial system enhancements include the establishment of special courts for national security trials and the appointment of qualified judges to handle these sensitive cases. Together, these organizations work to enforce the NSL and address security threats in Hong Kong. 1.4 Political systems in Hong Kong The three powers of the HKSAR government -- legislative, executive, and judicial -- functions under the framework of ‘one country two systems’ prescribed by the Basic Law, each with its own distinct responsibilities: o Executive: The executive branch is headed by the Chief Executive, who is responsible for implementing laws and managing the government. o Legislative: The Legislative Council (LegCo) is responsible for making laws, debating policies, and scrutinizing the government. o Judicial: The judiciary operates independently, interpreting laws and ensuring justice is served. ‘Chief Executive (CE) – ‘dual heads’ and ‘dual responsibilities’ The Chief Executive of the HKSAR serves a crucial role characterized by what is known as "dual head" responsibilities, acting as both the head of the HKSAR as an administrative region of China and the head of the Government of the HKSAR. This unique position entails "dual responsibilities," where the CE is accountable to the Central Government, requiring regular reports on governance and policy implementation. Simultaneously, the Chief Executive must address the needs and concerns of the people of Hong Kong, ensuring that the region's interests are represented and protected. This dual accountability reflects the balance the CE must maintain in fulfilling both local and national duties. Chief Executive (CE) – Selection process The selection process of the Chief Executive in Hong Kong involves an Election Committee that is broadly representative of the diverse interests within the region. Under the revised system established in 2021, a candidate for CE must be jointly nominated by at least 188 out of 1500 members of the Election Committee, ensuring that at least 15 members from each of the 5 sectors participate in the nomination. Following this, the entire Election Committee votes on the candidates, and the candidate who receives more than 50% of the votes is declared the winner. Once elected, the CE designate must then be formally appointed by the Central Government to officially assume the role of Chief Executive. Executive Council - The Executive Council of the Hong Kong Special Administrative Region (HKSAR) serves as a think tank for the Chief Executive (CE), aiding in policy-making. Comprising both official and non-official members, all of whom are Chinese citizens and permanent residents of the HKSAR without foreign right of abode, the Council is presided over by the CE. The Chief Executive is required to consult the Council before making significant  policy decisions, introducing legislation, or dissolving the Legislative Council (LegCo). If the CE chooses not to follow the majority opinion, specific reasons must be documented. While members provide advice individually, the Council's conclusions are presented as collective decisions. Executive Authorities – powers and functions The HKSAR Government is the executive authorities of the HKSAR. Some of the government’s powers and functions are to formulate and implement policies, to conduct administrative matters; to draft and introduce bills and motions; to draw up and introduce budgets; and to conduct external affairs as authorized by the Central People’s Government such as its participation in the Asia-Pacific Economic Cooperation (APEC) meeting in Peru in Nov 2024. Executive Authorities – organization structures The Hong Kong Special Administrative Region (HKSAR) Government is led by the Chief Executive and includes key officials such as the Chief Secretary for Administration, Financial Secretary, and Secretary for Justice, along with various bureaux, divisions, and commissions. To help you understand how the hierarchy within the Hong Kong government works, let's look at an example. The Chief Secretary for Administration manages the bureaux and ensures co-ordination in policy formulation and implementation; the Secretary for Culture, Sports and Tourism leads Culture, Sports and Tourism Bureau focusing on cultural policy formulation; and the Leisure and Cultural Services Department executes those policies through specific programs. Executive Authorities - Three secretaries of departments The three secretaries of departments each have distinct responsibilities. The Chief Secretary for Administration assists the Chief Executive in governing Hong Kong and serves as the leading official within the HKSAR Government. The Financial Secretary helps manage the territory's financial affairs, while the Secretary for Justice heads the Department of Justice and acts as the chief legal adviser to the government, playing a crucial role in maintaining the legal system and upholding the rule of law in Hong Kong. Executive Authorities – Executive-led An "executive-led" political system means that the CE and the HKSAR Government play a central and active role in governance and has extensive powers and functions. This is evident in several ways: most bills introduced in the Legislative Council (LegCo) are government bills, which require only a simple majority in voting to pass, making them more likely to succeed than private members' bills. The Chief Executive also sets the legislative agenda, prioritizing government initiatives, and appoints principal officials who help draft and promote  legislation. Additionally, the structure of LegCo includes many members elected through functional constituencies and the Election Committee, which often supports the government's agenda. The Legislature – power and functions The Legislative Council of the HKSAR is the legislature of the Region. Its main functions include enacting laws, approving public expenditure and monitoring the work of the government. The Legislature – eligibility To become a Legislative Councillor (LegCo) in Hong Kong, candidates must be Chinese citizens who are permanent residents of Hong Kong and cannot have the right of abode in any foreign country. However, Hong Kong permanent residents who are not of Chinese nationality or have the right of abode abroad may still be elected, provided their proportion does not exceed 20% of the total LegCo membership. The Legislature – election process The election process for becoming a Legislative Councillor (LegCo) in Hong Kong, as amended in 2021, involves three methods: elections by the Election Committee, by functional constituencies, and by geographical constituencies through direct elections. This framework aims to ensure broad representation within the LegCo, which consists of a total of 90 seats. In the geographical constituency elections, 20 seats are filled from 10 constituencies, with eligible voters—Hong Kong permanent residents—electing 2 members in each constituency. The Election Committee elects 40 seats, with its 1,500 members voting for their representatives. Additionally, 30 seats are filled through functional constituency elections, where selected corporates from various industries serve as eligible voters, each electing 1 member. The Legislature – voting system For bills introduced in the Legislative Council, those proposed by the Government require a majority vote of the members present for approval. In contrast, bills introduced by individual members necessitate a majority vote from two groups of members present: those returned by the Election Committee and those returned by functional and geographical constituencies through direct elections. The voting system in the Legislative Council facilitates the approval of government proposals, reflecting the executive-led political structure in Hong Kong. Candidate Eligibility Review Committee The Candidate Eligibility Review Committee (CERC) was established in 2021 to validate the eligibility of candidates for the Election Committee, Chief Executive, and Legislative Council in the HKSAR. Its purpose is to ensure compliance with the Basic Law and the Law on Safeguarding National Security. It assesses candidates based on whether candidates uphold  the Basic Law and demonstrate allegiance to the HKSAR. Notably, the CERC's decisions based on the Committee on National Security's recommendations are not subject to judicial review. The District Council – powers and functions District councils in the HKSAR are established as advisory bodies rather than political power organs. Their primary function is to advise the government on district affairs that impact the livelihood and living environment of local residents. For instance, a district council may collect community feedback on traffic congestion and propose solutions to improve mobility in the area, ultimately enhancing the daily lives of residents. Other functions include providing services in fields such as culture, recreation and environmental sanitation. The District Council – composition under the electoral reform in 2023 In July 2023, Hong Kong’s legislature passed electoral reform legislation that significantly reduced the number of directly elected seats to 88 out of a total of 470. This means that only 19% of the seats are now chosen by the public. While the number of seats reserved for indigenous villagers remains unchanged at 27, 176 of the remaining 355 seats will be filled by three government-controlled committees, with the rest appointed by the Chief Executive. This is to ensure that the elected district councilors can fully focus on livelihood issues. 1.5 Rule of Law in Hong Kong Rule of law – introduction The rule of law in Hong Kong signifies that the law holds a supreme position, applying equally to all individuals, organizations, and groups within society. This concept is vital for limiting the power of rulers, ensuring they cannot manipulate the law for personal gain. Rule of law – how it differs from rule by law The rule of law means that everyone, including the government, must follow the law, ensuring fairness and protecting rights. In contrast, rule by law refers to using laws as tools for those in power to control others, often lacking fairness and justice. In essence, while the rule of law promotes justice and equality, rule by law often serves the interests of the powerful. Rule of law - the spirit The spirit of the rule of law encompasses several key principles to justice, fairness, and equality in a society. First, equality before the law ensures that every individual, regardless of social class, economic status, race, or religion, is protected equally. Second, the legal system must uphold fairness, openness, and consistency, guaranteeing that justice is administered transparently. Third, judicial independence is crucial, as it allows courts to operate separately from the executive branch, thereby upholding justice without external influence. Fourth, the protection of human rights ensures that individuals' rights and freedoms are not deprived or violated. Finally, government power is bound by law, meaning that the authorities must govern according to established legal frameworks, which limits their powers. To ensure the rule of law is upheld, measures are necessary: first, obeying and respecting the law is essential, as a culture of lawfulness requires society to respect judicial decisions for the legal system to function effectively. Second, legal protections must be available to all individuals, regardless of their social or financial status, ensuring equality before the law. Third, judicial independence is crucial, as the separation of powers guarantees that judges are appointed independently. Additionally, limiting government power through Legislative Council (LegCo) oversight such as bill approval, judicial review, and checks on government actions is vital for ensuring accountability. Finally, courts must uphold the presumption of innocence and provide transparent trials with jury participation to maintain public trust in the legal system. Rule of law – a controversy as an example The controversy over LGBT marriage in Hong Kong centers on the protection of minority rights and the legal definition of marriage. A recent court ruling denied spousal benefits to same-sex  couples, reinforcing the view that marriage is exclusively between a man and a woman based on traditional values. This raises important questions about whether the rights of the LGBT community are adequately protected under the law. Rule of law – Significance First, it safeguards human rights by ensuring that authorities operate within legal boundaries, reducing the likelihood of violations. Second, it maintains social order by fostering a culture where citizens and officials alike respect and adhere to the law. Third, the rule of law promotes a fair environment by establishing a society that values individual merit and minimizes corruption, favoritism, and nepotism, thus enhancing social harmony. Lastly, it supports economic development by attracting foreign investment and encouraging business growth through fair competition. 1.6 Rights and responsibilities Rights and responsibilities Rights are the powers and interests that individuals or groups have, while responsibilities are the duties they must fulfill. These concepts are connected and can be understood through moral and legal viewpoints. Morally, people have certain values, such as children being entitled to protection from their parents, while they are expected to show respect and work hard. Legally, rights and responsibilities are defined by laws created through discussions and consultations. For instance, the Basic Law of Hong Kong outlines the rights of residents, including equality, voting rights, freedom of speech, and the right to join unions. Responsibilities include obeying the laws in Hong Kong. Rights and responsibilities – limit Sometimes, rights and responsibilities can conflict. In a lawful society, individuals enjoy their rights but must also follow the law. For example, while everyone has the right to free speech, that right can be limited if speech is harmful or defamatory. The Hong Kong Bill of Rights states that freedoms come with restrictions to protect others’ rights and maintain public order. Rights and responsibilities – striking a balance Finding a balance between rights and responsibilities is essential. If people focus only on their rights without considering others, it can lead to selfishness and hinder others’ freedoms. Conversely, overemphasizing responsibilities can restrict personal freedoms and hinder growth. Therefore, both rights and responsibilities need to be balanced for a fair and healthy society.