Hong Kong Region In Early Times - PDF

Learning Focus 1 [A - Hong Kong region in early times] - - 1. - 2. - - [B - Origin of the question of Hong Kong] 1. - - - 2. - - - 3. - - - 4. - - [4.1 - Nature of the three unequal treaties] In general, an "unequal treaty" has the...

Learning Focus 1 [A - Hong Kong region in early times] - - 1. - 2. - - [B - Origin of the question of Hong Kong] 1. - - - 2. - - - 3. - - - 4. - - [4.1 - Nature of the three unequal treaties] In general, an "unequal treaty" has the following four characteristics - - - - [4.2 - Provisions of international law] a. - - - b. - - [4.3 - recognition by the international community of Hong Kong's legal status] - - [C - Process of Hong Kong's return to China] 1. - - 2. - - [2.1 - proposal of 'one country, two systems'] - [2.2 - 'one country, two systems' as the basic national policy] - - - - - 3. [Signing and adoption of the Sino-British Joint Declaration] - 24 sep 1982, Deng Xiaoping and Margaret Thatcher had a talk on the question of Hong Kong - The signing and adoption of the Sino-British Joint declaration marked the transitional period before the return of hong kong 4. [Enactment of the basic law] [4.1 - Drafting process of the basic law] - Drafted and enacted based on the constitution, the basic law institutionalizes and legalizes the 'one country, two systems' [4.2 - significance of the enactment of the basic law] - The basic law is a constitutional document of the HKSAR. - In the form of law it explains basic policies of china regarding hong kong - Provides for the implementation of 'one country, two systems' , 'hong kong people administering hong kong' and a high degree of autonomy [Main content of the basic law ] - Prescribing the systems to be practiced in the HKSAR , in order to ensure the implementation of the 'one country, two systems' principle - Clarifying the constitutional relationship between the Central Authorities and the HKSAR and stipulating the legal status of Hong Kong - Prescribing the constitutional power of the Central Authorities to administer the HKSAR - Clarifying that the HKSAR is a local administrative region of the People's Republic of China that enjoys a high degree of autonomy and comes directly under the Central People's Government - Protecting the basic rights and freedoms of Hong Kong residents and confirming their obligations 5. [Establishment of the HKSAR] - The national people's congress passed the decision of the national people's congress on the establishment of the HKSAR in accordance with the constitution 6. [Significance of hong kong's return to china] [6.1 - resolving the question of Hong Kong] - China smoothly resumed the exercise of sovereignty over hong kong and safeguarded the country's sovereignty and territorial integrity as well as resolved the question of hong kong [6.2 - maintaining hong kong's prosperity and stability] - After the handover china implemented the principles of 'one country, two systems' , 'hong kong people administering hong kong' and a high degree of autonomy in the HKSAR - Hong kong practices a different system from that in the Mainland, its previous capitalist system and way of life are retained, which ensures its prosperity and stability after the handover to maintain its stability and its status as an international financial center and a free port [6.3 - offering an example to the world] - 'One country, two systems' also sets an example for resolving the question of Taiwan and Macao Learning focus 2 [A - Constitutional relationship between the country and the HKSAR] 1. [Constitution of the country and its features] - A country is a political and geographic entity composed of four elements : territory , people , government and the ability to establish relations with other countries - Two main national structures : unitary system and federal system - China is a Unitary state - a unified country divided into a number of administrative regions. There is only one highest organ of power, one state organ system and one constitution in the country [1.1 - the constitution] - There is only one constitution in china ( the constitution of the People's Republic of China ) - The constitution is the fundamental law of the state with supreme legal force and is the highest authority. It stipulates the fundamental law system and basic principles of the state. - It is also the basis and ground for enacting other laws. No law or regulation shall be in conflict with the constitution [1.2 - state organ system] - China has a state organ system with central and local levels - The highest state power is uniformly exercised by the National People's Republic (NPC) [1.3 - local power] - Powers of local state organs are granted by the Central Authorities - Article 4 of the constitution - All ethnic groups of the People's Republic of China are equal. 2. [The HKSAR under 'one country, two systems'] [2.1 - Legal status of the HKSAR] - Article 1 of the Basic Law - HKSAR is an inalienable part of the People's Republic of China (HK is within china's national system) - Article 12 of the basic law - The HKSAR shall be a local administrative region of the People's Republic of China, which shall enjoy a high degree of autonomy and come directly under the Central People's Government (authorized by the NPC) - Hong kong is a special administrative region of China - The HKSAR comes directly under the Central People's Government [Local Administrative division of china] Central People's Government 23 Provinces - 5 autonomous regions - 4 municipalities - 2 special administrative regions (HKSAR) [2.2 - overall jurisdiction of the Central Authorities include:] - The powers directly exercised by the Central Authorities: 1\. establishing the HKSAR according to the constitution 2\. enacting the basic law 3\. exercising the Central Authorities' power in the HKSAR 4\. authorizing and overseeing the HKSAR to exercise a high degree of autonomy according to the Law - Those granted to the HKSAR to exercise a high degree of autonomy in accordance with the law [2.3 - Powers directly exercised by the Central Authorities over the HKSAR] a. [Power of deciding on establishing the HKSAR and its system] - Article 31 of the constitution - the state may establish special administrative regions when necessary b. [Power of forming the organs of power by the HKSAR] - The central authorities have the power to appoint the chief executive and the principal officials - Every chief executive is sworn by the leader of the Central People's Government c. [Supporting and guiding the administration of the chief executive and government of the HKSAR in accordance with the law] - Article 43(2) of the basic law - Chief executive of the HKSAR shall be accountable to the Central People's Government and the HKSAR in accordance with the provisions of this law d. [Responsible for the foreign affairs relating to the HKSAR] - The Central people\'s government shall be responsible (based on article 13 (1),(2) of the basic law) e. [Responsible for the defense of the HKSAR] - The Central People's Government shall be responsible (based on Article 14(1) of the Basic Law) f. [Power of amendment and interpretation of the basic law] - The power of amendment of the basic law is vested in the NPC, while the powers of interpretation of the basic law is vested in the standing committee of the national people's congress (NPCSC) g. [Power of deciding to apply national laws in hong kong] - The NPCSC has the power of deciding to apply laws related to defense, foreign affairs and other matters outside the limits of the autonomy of the HKSAR as specified by the basic Law - Article 18(2) of the Basic law - National laws shall not be applied in the HKSAR except for those listed in Annex III to this law. The laws listed therein shall be applied locally by way of promulgation or legislation by the Region h. [Other powers] - The Central Authorities can also exercise other powers relating to national sovereignty [2.3 - powers granted by the Central Authorities to the HKSAR ] a. [A high degree of autonomy] - The Central authorities have sovereignty and overall jurisdiction over special administrative regions. - Authorized by the Central Authorities, HKSAR enjoys a high degree of autonomy [i) Executive power] - Chapters V and VI of the Basic Law stipulate that the HKSAR shall, on its own, formulate policies on the economy, education, science, culture, sports, religion, labor and social services [ii) legislative power] - Article 17(1) of the Basic Law - the HKSAR shall be vested with legislative power [iii) independent judicial power and power of final adjudication] - Article 19(1) of the basic law - the HKSAR shall be vested with independent judicial power, including that of final adjudication b. [Powers granted by the Central Authorities to the HKSAR to conduct relevant external affairs on its own] - The HKSAR is able to participate in international events, join international organizations, sign agreements with other countries and host international events c. [Other powers granted by the Central Authorities] - Article 20 of the Basic Law - the HKSAR may enjoy other powers granted to it by the National People's Congress, the Standing Committee of National People's Congress or the Central People's Government [3. Observing the constitutional order prescribed by the constitution and the basic law] [3.1 - Constitutional basis of the HKSAR] - The Constitution and the Basic Law together form the constitutional basis of the HKSAR - The constitution provides a legal basis for the implementation of 'one country, two systems' and is also the legislative basis for the Basic Law [3.2 - constitutional responsibilities of the HKSAR] - The HKSAR needs to perform constitutional responsibilities in various aspects to uphold the practice of 'one country, two systems' [B - Legal basis of 'one country, two systems' and the Basic Law] - The Constitutional is the legal basis for 'one country, two systems' and the Basic Law 1. [The constitution of 'one country, two systems'] [1.1 - the constitution establishes the basic policy of 'one country, two systems'] [Basic essence of 'one country, two systems' ] - 'One country' - within the People's Republic of China, the HKSAR is an inseparable part and a local administrative region directly under the Central People's Government - 'Two systems" - within the 'one country', the main body of the country practices socialism while Hong Kong and Macao can retain the previous capitalist system and way of life for a long period of time - 'One country, two systems' is a complete concept. The two parts cannot be separated from each other or in conflict with each other [1.2 - the constitution provides a legal basis for the implementation of 'one country, two systems'] - Article 31 of the constitution about special administrative regions is the special condition of the constitution [1.3 - the constitution establishes the significance of 'one country, two systems'] - The constitution provides a constitutional basis for the legalization and institutionalization of the 'one country, two systems' principle 2. [Legal basis of the Basic law] - The constitution is the foundation of law for the Basic Law Learning Focus 3 [A - safeguarding national security and its importance] - National security is an important cornerstone of national peace and security 1. [Definition of national security (Meaning of national security)] - Safeguarding the security of core and major interests of the state - A status without external threat and infringement (breaking the law) and without internal unrests and disorder - Factors relating to national security are relative and dynamic. Risk factors always exist - Involves enhancing the capability to guarantee a sustained safe condition, constantly strengthening the building of capability to safeguard national security and guarding against and resolving risk factors - The concept of national security is often linked to national interests (stability of political system , sense of cultural identity , territorial integrity , national security) 2. [Holistic view of national security] [2.1 course of development] - The holistic view of national security is a concept with chinese characteristics - September 2011 - the state council information office published a white paper entitled China's Peaceful development (defines China's core interests as state sovereignty, national security , territorial integrity and national reunification) - 15 April 2014 - 'the holistic view of national security' was put forward, regarding peoples security as the ultimate goal, achieving political security as the fundamental task, taking economic security as the foundation - January 2015 - the Outline of National Security Strategy guided by 'a holistic view of national security' was approved - 1 July 2015 - The National Security Law of the PRC was passed, establishing the guiding status of the 'holistic view of national security' in legal form. 15 april was designated as the 'national security education day' - 28 september 2020 - the guiding Outline for National Security Education in universities, middle schools and primary schools to incorporate 'national security education' in the National Security Law of the PRC [2.2 - the meaning of the holistic view of national security] - It can be summed up as one overall goal, five essential elements, 5 fairs of relationships and 16 major fields - Overall goal - safeguarding the national security of the PRC - 5 essential elements - - - - - - - 16 major fields - - - - [2.3 - three types of fields concerning national security] - Traditional national security - Non-traditional national security - National security in some emerging fields 3. [Significance of safeguarding national security] [3.1 - upholding and promoting national development] - Various risks are intertwined with each other so 'development' and 'security' need to be advanced simultaneously [3.2 - fulfilling civic obligations] - National security is the foundation for 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 (based on article 54 of the constitution and article 6(1) of the national security law) [B - the national security law and hong kong's development] - A country is a unitary entity, national security is an inseparable system 1. [Legislative background] - Since the return of HK, HKSAR government cannot carry out legislation related to article 23 of the Basic Law. - HK has long been 'defenseless' in terms of safeguarding national security 2. [Content of the national security law] - General Principles: the central people's government has an overachieving responsibility for national security affairs - Duties and government bodies of the HKSAR for safeguarding national security - Offenses and penalties of four types of crimes that seriously endangering national security - Jurisdiction over cases concerning offenses endangering national security, application of law and procedures - Office for safeguarding national security of the central people's government in the HKSAR - Supplementary provisions: other important provisions relevant to this law [2.1 - punishing the four types of offenses] - Chapter III of the national security law 'offenses and penalties' clearly states the offenses and penalties of the four types of crime (secession, subversion of state power, organizing and carrying out terrorist activities and collusion with foreign or external forces to endanger national security) [2.2 - establishing institutions which are responsible for the national security] a. [Committee for safeguarding national security of the HKSAR] - Duties - - - - b. [Office for safeguarding national security of the CPG in the HKSAR] - Duties - - - - - [2.3 - promoting national security education] - Articles 9 and 10 of the national security law - the HKSAR shall promote national security education in schools to raise the awareness of hong kong residents of national security and of the obligations to abide by the law [3. Significance of the national security law] [3.1 - fulfilling the constitutional responsibility] - The enactment and implementation of the national security law help establish the national security legal system of Hong Kong [3.2 - upholding and implementing 'one country, two systems'] - The national security law embodies the central authorities respect for hong kong's high degree of autonomy [3.3 balancing between the rule of law and human rights] - The rule of law safeguards national security and is a prerequisite(required) for the protection of human rights a. [Safeguarding the rule of law] - The national security law establishes at the national level a sound legal system and enforcement mechanisms for the HKSAR to safeguard national security - It follows the principle of the rule of law b. [Protecting human rights] - The national security law not only safeguards national security but also protects human rights (based on article 4 of the national security law) Learning focus 4 [A - characteristics of the political structure of the HKSAR] 1. [Political structure of the HKSAR] - Executive-led (refers to the fact that the executive authorities headed by the chief executive are in an active and dominant position in the entire operation of the government) - The 'three powers under the framework of the Basic law - Judicial power, executive power and legislative power - These three belong to different institutions and perform their respective functions - Mutual regulation and coordination between the executive authorities and the legislature, while the courts of hong kong exercise judicial power independently 2. [Chief executive] [2.1 - methods for the selection of the chief executive] - Is elected by an election committee based on the basic law - Is appointed by the Central People's Government [2.2 - major powers and functions of the chief executive] - Article 48 of the basic law stipulates that the chief executive shall exercise the following powers and functions - Implementation of laws - Participating in legislative process - Executive management of the government - Appointment and removal of personnel - Implementation of the central authorities' directives and conducting affairs as authorized by the central authorities 3. [Executive council] [3.1 - composition of the executive council] - It is composed of official and non-official members, with the chief executive as the president [3.2 - functions and operation of the executive council] - Normally meets once a week - If the chief doesn\'t accept a majority opinion of the executive council, they shall put the specific reasons on record - Members tender their advice individually but the council's conclusions are presented as collective decisions [B - Bodies of power, district organizations and public servants of hong kong] 1. [The executive authorities] [1.1 - structure of the executive authorities] - The government of HKSAR is the executive authorities of HKSAR - The head of the HKSAR government is the chief executive - A department of administration, a department of justice, and various bureaux, divisions and commissions are established in the HKSAR government [1.2 - powers and functions of the executive authorities] a. [Three secretaries] - Chief secretary for administration - is the leading principal official in the HKSAR government and plays an important role in coordinating policies, especially in the matters involving multiple policy bureaux - Financial secretary - mainly overseas policy formulation and implementation of financial, monetary, economic, trade and development as well as innovation and technology matters - Secretary for justice - leads the department of justice. Article 63 of the basic law provides that the department of justice shall control criminal prosecutions, free from any interference b. [Government departments] - Bureaus, divisions and commissions - Procedures of policy making - input, policy-making, output, feedback Process of the HKSAR government enacting laws - The HKSAR government drafts and introduces a bill - It consults the executive council - The bill is published in the gazette - It is submitted to the legislative council for scrutiny and is passed through three readings - It is signed and promulgated by the chief executive - It is published in the gazette and becomes law - It is reported to the standing committee of the national people's congress for record c. [Other independent commissions ] - The audit commission, independent commissions against corruption (ICAC) and office of the ombudsman are independent departments accountable to the chief executive [2. The legislature] [2.1 - method for the formation] - Election committee (EC) constituency (40 seats) - Functional constituencies (FC) (30 seats) - Geographical constituencies (20 seats) [2.2 major powers and functions of the LegCo] - Legislative power - to enact, amend or repeal laws according to the provisions of the basic law and established legal procedures - Power of approval - to examine and approve budgets introduced by the government,to approve taxation and public expenditure, to endorse the appointment and removal of the judges of the court of final appeal and the chief judge of the high court - Supervisory power - to receive and debate the policy addresses of the chief executive. To raise questions about the government\'s actions, to debate issues of public interest - Power of impeachment - the council may give a mandate to the chief justice of the court of final appeal to form and chair an independent investigation committee under certain conditions - Others - to summon persons concerned to testify or give evidence under certain conditions [2.3 - operations of the LegCo ] - Meets every wednesday morning - Deals with questions, statements, bills, motions with legislative effect, and motions with no legislative effect - Speeches of LegCo members in meetings are protected by the basic law a. [Introduction and decision of a bill] - Both the government and LegCo members can introduce motions,bills or amendments and vote on them after they have been debated in the LegCo - After the bill is passed by the LegCo, it can only take effect if the chief executive signs the bill and promulgates it - If the chief considers that a bill passed by the LegCo is not compatible with the overall interests of the HKSAR, they can refuse to sign the bill b. [Regulation and coordination between the executive authorities and the legislature] - The basic law stipulates the regulatory relationship between the executive authorities and the legislature - Under the executive-led system, the executive authorities and the legislature also coordinate with each other [3. The judiciary] [3.1 - structure of the judiciary] - According to article 80 of the basic law, the courts of the HKSAR at all levels are the judiciary of the HKSAR - Its structure is as bellow - Courts of final appeal High court (courts of appeal, court of first instance) Competition tribunal, lands tribunal District court(family court) Magistrates' courts (eastern, kowloon city, kwun tong, west kowloon, fanling, shatin, tuen mun) Labour tribunal Small claims tribunal Obscene articles tribunal Coroner's court [3.2 - powers and functions of the judiciary] - The HKSAR enjoys independent judicial power, including that of final adjudication - Independent of the executive authorities and the legislature, courts at all levels shall exercise judicial power independently - Their trials shall be free from any interference - Members of the judiciary shall be immune from legal actions in the performance of their judicial functions [3.3 - appointment of judicial officers] - Judges of the courts are appointed by the chief executive on the recommendation of the judicial officers recommendation commission [4. District organizations] - District councils are the district organizations of the HKSAR which are not organs of political power - There are 18 district councils in hong kong - The establishment, composition and functions of the district councils are prescribed by the district councils ordinance [5. Public servants] - Public servants serving in all government departments of the HKSAR must be permanent residents of the HKSAR - They must be dedicated to their duties and be responsible to the HKSAR government [C - standards on 'patriots administering Hong Kong'] - 'Patriots administering Hong Kong' is the core of the 'one country, two systems' principle 1. [Restriction to nationality] - Chief executive, members of the executive councils, president of the LegCo, the chief justice of the court of final appeal and the chief judge of the High Court of the HKSAR shall be Chinese citizens who are permanent residents of the HKSAR with no rights of abode in any foreign country 2. [Oath-taking requirements] - Must be in accordance to the law, swear to uphold the basic law and swear allegiance to the HKSAR 3. [Provisions of the national security law] Convicted of an offense endangering national security by a court - \< Anyone \> - disqualified from standing as a candidate in the elections of the LegCo and district councils of the HKSAR - Disqualified from holding any public office in the HKSAR or serving as a member of the election committee for electing the chief executive \ - Removed from his or her office upon conviction - Disqualified from standing for the aforementioned elections or from holding any of the aforementioned posts