Laws Flashcards
Which unequal treaty was signed in 1842?
Treaty of Nanjing (HK Island)
Which unequal treaty was signed in 1860?
Convention of Beijing (Kowloon Peninsula)
Which unequal treaty was signed in 1898?
Convention for the Extension of Hong Kong Territory (NT)
Since the founding of the PRC, …?
- The Chinese government always holds that HK has always been part of the territory of China
- China does not recognise any of the unequal treaties imposed by Britain
What was signed in 1984?
Sino-British Joint Declaration
What does China have over HKSAR?
China has sovereignty over HKSAR
What would still be unchanged when HKSAR is established?
Social and economic systems as well as lifestyles
What is a constitution?
A fundamental legal document of a country which states clearly the basic principles of how the country is to be rules and the basic rights guaranteed to the people
What is a socialist system?
- advocates the abolition of the private property system
- believes that all property should be controlled by a government that represents the people
What is a capitalist system?
- an economic system based on private property
What did the Chinese government decide when the Sino-British Joint Declaration was signed? What is this principle called?
The socialist system will not be practiced in HK and the existing capitalist system will be maintained. “One country, two systems”
What is the Basic Law?
It provides a legal basis for the various systems to be practiced in HKSAR
Where does the source of authority of the Basic Law come from?
The Constitution of the PRC
What type of document is the Basic Law?
Constitutional document
4 major principles reflected in the Basic Law with regard to the estab of HKSAR
- HK is an inalienable part of PRC
- China established HKSAR under the principles of “one country, two systems”
- HK has a high degree of autonomy and enjoy executive, legislative and independent judicial power
- HK people administer HK
What identity of HKSAR leads them to be under the leadership of the central authorities?
Local state organ
Which article is HKSAR established in accordance to?
Article 31 of the Constitution of the PRC
What does HKSAR come directly under?
Central People’s Government
What authorises HKSAR’s power?
National People’s Congress/ central authorities
Main function of the Basic Law
It prescribes the system of the special administrative region
What does the central government exercise over the HKSAR and what does it include?
Overall jurisdiction, which includes powers directly exercised by the central government and the powers of HKSAR delegated by the central government
How can we see that the central government is responsible for the affairs of HK
All powers of HKSAR are delegated by the central government, so the central government has the power of oversight over the exercise of high degree of autonomy in HK
What is the Central People’s Government responsible for of HK?
National security, defence and foreign affairs
What is listed in Annex III in the Basic Law?
National laws relating to defence and foreign affairs as well as other matters outside the limits of the autonomy of the HKSAR under the Basic Law
What law was passed by the Standing Committee of the National People’s Congress and listed in Annex III?
The Law of the People’s Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region
What is the Law of the People’s Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region about?
To prevent, suppress and punish national security crimes related to the HKSAR, namely acts of secession, subversion of state power, organising and carrying out terrorist activities, and collusion with foreign or external forces to endanger national security
Which Office is responsible for analysing and assessing developments in relation to safeguarding national security in the HKSAR?
The Office for Safeguarding National Security of the Central People’s Government
What is Article 23 of the Basic Law about?
It stipulates that HK “small enact laws on its own” to prohibit seven types of acts and activities that endanger national security
Relation between HK, Article 23 of the Basic Law and the Central Authorities
HK has the constitutional responsibility to legislate for Article 23 of the Basic Law and report to the Central Authorities
Which document enforces the national security of both HK and Mainland?
Safeguarding National Security Ordinance
Who is the Chief Executive of HKSAR selected and appointed by?
Selected by election or through consultations held locally and be appointed by the Central People’s Government
Ultimate aim of the selection of the Chief Executive
The selection of the Chief Executive by universal suffrage upon nomination by a broadly representative nominating committee
How is the Legislative Council of the HKSAR constituted?
By election
Ultimate aim of the election of all the members of the LegCo
The election of all the members of the LegCo by universal suffrage
What is the power of final adjudication of the HKSAR vested on?
The Court of Final Appeal of the HKSAR
What name do NGOs and the HKSAR have to use (when maintaining and developing relations and concluding and implementing agreements with foreign regions)?
Hong Kong, China
What is the power of interpretation of the Basic Law vested on?
The Standing Committee of the National People’s Congress (NPCSC)
What is the power of amendment of the Basic Law vested on?
National People’s Congress (NPC)
HKSAR is a free port
HKSAR remains a free port, a separate customs territory and an international financial centre. Its markets for foreign exchange, gold, securities and futures shall continue. There shall be free flow of capital
What shall the HKSAR Government formulate polices on?
Development and improvement of education, science and technology, culture, sports, social welfare and labour
