CSD Glossaey Ch. 1 - 6 Flashcards
The treaty in which the drafting and signing involves force or threat of force. Its content also reflects an unequal relationship of nights and obligations
Unequal Treaty
It is an area or a country derived of independent rights in politics, economy, etc. due to occupation of military or economic powers
Colony
It is the basis for the founding of a modern state as it stipulates the state’s political It has the highest laws and systems. structure and fundamental rights of citizens. It has the highest legal status and is the origins of national law and systems
Constitution
It is the constitutional document and main source of laws of Hong Kong. It has a supreme status and all laws must not contravene with it.
Basic Law
It was signed in 1984. declaring that Britain would restore Hong Kong to the People’s Republic of China and China would resume the of Sovereignty Hong Kong exercise of on 1 July 1997.
Sino-British Joint Declaration
Within the PRC, HKSAR is an inseparable part and administrative region directly under China’s Central Government. Within the “one country” the main body of the practices socialism, while Hong Kong and some other practice capitalism
One-Country-Two-Systems
The National People’s Congress authorizes the Hong Kong S Administrative Region to exercise a high degree of autonomy the Central Government has the power of oversight over Over the exerciseof high degree of autonomy in the HKSAR.
Hong Kong can enjoy the following power under a high degre autonomy: Hong Kong people ruling Hong Kong, executive power, legislative power, Independent judicial power, and conducting relevant external Authorities affairs on its own granted by the Central Authorities
High degree of autonomy
It means the Standing Committee of the National People’s Congress making interpretations of the Basic Law based on its power of final interpretation of the Basic Law.
Interpretation of the Basic Law by the NPCSC
It refers to the unified, lasting and inseparable supreme power a country has to independently handle its internal and external affairs.
Sovereignty
It is the exercise of sovereignty and the specific power to govern a country. It is the inseparable content of sovereignty.
Governance power
It means a status in which the regime, sovereignty, unity territorial integrity, welfare of the people, sustainable economic and social development and other major interests of the state are relatively not faced with any danger and not threatened internally or externally and the capacity to amin a sustained security status
National security
It refers to the basic principle of the law that protect peoples’ rights, maintain social order and prevent the abuse of power by the government.
Rule of law
It is the foundation of the Rule of Law. There must be laws covering major areas of human activities and these laws can satisfy some fundamental principles.
Existence of law
Originate in the UK, it refers to a legal system basing on judicial procedents Hong Kong had been practicing it before the handover. After the return of Hong Kong to China, this traditional system is maintained by virtue of the Basic Law.
Common law
It means a person is presumed innocent until convicted by a judicial body. The prosecution must prove guilt beyond reasonable doubt. This can protect the rights of the arrestees.
Presumption of Innocence
The executive. legislative and jubical powers belong to different institutions. They perform their respective functions, and have mutual coordination and regulation, while the judiciary independent The executive authorities headed By the Chief Executive are in an active and dominant position in the entire operation of the Government.
Executive-led
It is a value which includes the recognition of diverse values, the protection of personal autonomy, the emphasis of and the transparency of social policies. equality
Social justice
It prevents biased adjudication and ensures that the executive organ does not intervene in judicary
Judicial independence
It is a legal proceeding for suing the government or public institutions. It is mainly used for challenging rong policies of government departments or the legal behaviour of related personnel.
According to Article 35 of the Basic Law, ‘Hong Kong residents shall have the right to institute legal proceedings in the courts against the acts of the exerdive authorities and their personnel.”
Judicial review
They are district organizations of the HKSAR which are not organis of political power but often are consulted by the HKSAR Government on district administration and other affairs. They are mainly responsible for providing services in fields such as culture, revation and environmental sanitation
District council
