Glossary List - Ch 1-6

Question 1

The treaty in which the drafting and signing involves force or threat of force. Its content also reflects an unequal relationship of rights and obligation.

Answer 1

Unequal Treaty

Question 2

It is an area or a country deprived of independent rights in politics, economy, etc. due to occupation of foreign military or economic powers.

Answer 2

colony

Question 3

It is the basis for the founding of a modern state as it stipulates the state’s political structure and fundamental rights of citizens. It has the highest legal status and is the origin of national laws and systems.

Answer 3

constitution

Question 4

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.

Answer 4

Basic Law

Question 5

It was signed in 1984
declaring that Britain would restore Hong Kong to the People’s Republic of China and China would resume the exercise of sovereignty over Hong Kong on 1 July 1997.

Answer 5

Sino-British Joint Declaration

Question 6

Within the PRC, HKSAR is an inseparable part and a local administrative region directly under China’s Central People’s Government. Within the “one country” the main body of the country practices socialism, while Hong Kong and some other regions practice capitalism.

Answer 6

One- Country-Two Systems

Question 7

The National People’s Congress authorizes the Hong Kong Special Administrative Region to exercise a high degree of autonomy while the Central Government has the power of oversight the exercise of a high degree of autonomy in the HKSAR.

Hong Kong can enjoy the following power under a high degree of autonomy: Hong Kong people ruling Hong Kong, executive power, legislative power, Independent judicial power, and conducting relevant external affairs on its own granted by the Central Authorities.

Answer 7

High degree of autonomy

Question 8

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.

Answer 8

Interpretation of the Basic Law by the NPCSC

Question 9

It refers to the unified. lasting and unseparable supreme power a country has to independently handle its internal and external affairs.

Answer 9

Sovereignty

Question 10

It is the exercise of sovereignty and the specific power to govern a country. It is the inseparable content of sovereignty.

Answer 10

Governance power

Question 11

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.

Answer 11

National security

Question 12

It refers to the basic principle of the law that protect people’s rights, maintain social order and prevent the abuse of power by the government

Answer 12

Rule of law

Question 13

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.

Answer 13

Existence of law

Question 14

Originated in the UK, it refers to a legal system basing on judicial precedents. 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.

Answer 14

Common law

Question 15

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.

Answer 15

Presumption of innocence

Question 16

The executive, legislative and judicial powers belong to different institutions. They perform their respective functions, and have mutual coordination and regulation, while the judiciary is independent. The executive authorities headed by the Chief Executive are in an active and dominant position in the entire operation of the Government.

Answer 16

Executive-led

Question 17

It is a value which includes the recognition of diverse values, the protection of personal autonomy, the emphasis of equality and the transparency of social policies.

Answer 17

Social justice

Question 18

It prevents executive biased adjudication and ensures that the organ does not intervene in judiciary.

Answer 18

Judicial independence

Question 19

It is a legal proceeding for suing the government or public institutions. It is mainly used for challenging wrong policies of government departments or the illegal 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 executive authorities and their personnel.” This shows that people can prevent the abuve of public power by launching a judicial review, as guaranteed by the Basic Law.

Answer 19

Judicial review

Question 20

They are district organizations of the HKSAR which are not organs 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, recreation and environmental sanitation.

Answer 20

District Councils