The_Practice_of_the_'One_Country,_Two_Systems'_Policy_in_the_Hong_Kong_Special_Administrative_Region

<i>The Practice of the 'One Country, Two Systems' Policy in the Hong Kong Special Administrative Region</i>

The Practice of the 'One Country, Two Systems' Policy in the Hong Kong Special Administrative Region

2014 paper on comprehensive jurisdiction over HKSAR

The Practice of the 'One Country, Two Systems' Policy in the Hong Kong Special Administrative Region (Chinese: 「一國兩制」在香港特別行政區的實踐) is a white paper issued by the Information Office of the State Council of the People's Republic of China (PRC) on the practice of the "one country, two systems" policy in the Hong Kong Special Administrative Region (HKSAR) on 10 June 2014 in the midst of public debate on the 2014 Hong Kong electoral reform and preparations for the Occupy Central movement by the pan-democracy camp.

Quick Facts Author, Country ...

Peking University legal theorist Jiang Shigong has been cited by Apple Daily as an author of the report.[1]

Content

The white paper provided a historical review over the design and implementation of One Country, Two Systems (OCTS). While the White Paper itself has no binding legal authority, it is regarded a significant statement of the Central Authorities on the framework of the OCTS policy.[2]

No Residual Powers

The white paper is the first official policy document that the Central Authorities have released to provide response to the issue of residual powers. It stated that the scope of Hong Kong’s high degree of autonomy is not inherent, but solely determined by the Central Authorities’ delegation of power.[3]: 180  Thus, the White Paper concluded that there is no residual power for the HKSAR.[3]: 180–181  Any power the Central Authorities did not explicitly authorize to the Hong Kong Special Administrative Region through the Basic Law is retained by the Central Authorities.[4]

The white paper asserts that:

"The high degree of autonomy of the HKSAR [Hong Kong Special Administrative Region] is not full autonomy, nor a decentralised power [...] It is the power to run local affairs as authorised by the central leadership."[5]

Comprehensive Jurisdiction

The white paper reasserts the "comprehensive jurisdiction" of Central Authorities over all of China, including the Hong Kong Special Administrative Region.[3]: 180  The Paper provides no further explanation to the term. A speech made in 2017 by Zhang Dejiang, then-Chairman of the Standing Committee of the National People's Congress, provided that the overall jurisdiction includes powers in eight aspects:[6]

  • to appoint the CE and principal authorities of the HKSAR government;
  • to receive the appointment of CFA judges and the Chief Judge of the High Court;
  • to manage diplomatic affairs related to the HKSAR;
  • to build the People's Liberation Army Hong Kong Garrison for defense duties;
  • to exercise the power of interpreting the Basic Law;
  • to exercise the power to make decisions on major issues;
  • to exercise the power of approving and recording HKSAR legislations enacted; and
  • to decide on implementations of national laws on the HKSAR.

Patriots administering Hong Kong

The white paper stresses that loving the country is the basic principle for Hong Kong's administrators, including:[7]

The white paper further states the responsibilities for administrators of Hong Kong:

"[administrators] shoulder the responsibility of safeguarding the country's sovereignty, security and development interests and [to ensure] the long-term prosperity and stability of Hong Kong."

Foreign interference

The Central Authorities have also stated its opinion on foreign interference over the Hong Kong Special Administrative Region:

"[one should] stay alert to the attempt of outside forces to use Hong Kong to interfere China's domestic affairs, and prevent and repel the attempt made by a very small number of people who act in collusion with outside forces to interfere with the implementation of 'one country, two systems' in Hong Kong."[8]

Reception

The white paper ignited a firestorm of criticism from various sectors in Hong Kong who worried that the Communist leadership was reneging on its pledges to abide by the “one country, two systems” policy that allows for a democratic, autonomous Hong Kong under Beijing’s rule.[9]

References

  1. [1]
    "撰文撐中央干預港事務 強世功幕後黑手" [Author supports central government intervention in Hong Kong affairs: Jiang Shigong, the dark force behind the scenes]. Apple Daily (in Chinese). 12 June 2014. Retrieved 25 July 2019.
  2. [2]
    Ramsden, Michael; Hargreaves, Stuart (2019). Hong Kong Basic Law Handbook (2nd Edition). Hong Kong: Sweet & Maxwell/Thomson Reuter.
  3. [3]
    Hu, Richard (2023). Reinventing the Chinese City. New York: Columbia University Press. ISBN 978-0-231-21101-7.
  4. [4]
    Wang, Zhenmin (2018). Relationship Between the Chinese Central Authorities and Regional Governments of Hong Kong and Macao: A Legal Perspective. Beijing: Foreign Language Teaching and Research Publishing Co., Ltd. p. 174.
  5. [5]
    Kaiman, Jonathan (25 June 2014). "Hong Kong's unofficial pro-democracy referendum irks Beijing". The Guardian.
  6. [6]
    "全國人大委員長張德江「紀念香港特別行政區基本法實施20周年座談會」講話稿". 明報. Retrieved 4 February 2022.
  7. [7]
    "Full Text: The Practice of the "One Country, Two Systems" Policy in the Hong Kong Special Administrative Region:".
  8. [8]
    Gu, Yu (2015). Hong Kong's Legislature under China's Sovereignty: 1998-2013. Hotei Publishing. p. 229.
  9. [9]
    Wong, Alan (11 June 2014). "Beijing's 'White Paper' Sets Off a Firestorm in Hong Kong". The New York Times. Archived from the original on 18 June 2014. Retrieved 31 August 2015.
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