Laws Flashcards

1
Q

Which unequal treaty was signed in 1842?

A

Treaty of Nanjing (HK Island)

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2
Q

Which unequal treaty was signed in 1860?

A

Convention of Beijing (Kowloon Peninsula)

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3
Q

Which unequal treaty was signed in 1898?

A

Convention for the Extension of Hong Kong Territory (NT)

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4
Q

Since the founding of the PRC, …?

A
  • 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
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5
Q

What was signed in 1984?

A

Sino-British Joint Declaration

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6
Q

What does China have over HKSAR?

A

China has sovereignty over HKSAR

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7
Q

What would still be unchanged when HKSAR is established?

A

Social and economic systems as well as lifestyles

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8
Q

What is a constitution?

A

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

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9
Q

What is a socialist system?

A
  • advocates the abolition of the private property system
  • believes that all property should be controlled by a government that represents the people
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10
Q

What is a capitalist system?

A
  • an economic system based on private property
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11
Q

What did the Chinese government decide when the Sino-British Joint Declaration was signed? What is this principle called?

A

The socialist system will not be practiced in HK and the existing capitalist system will be maintained. “One country, two systems”

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12
Q

What is the Basic Law?

A

It provides a legal basis for the various systems to be practiced in HKSAR

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13
Q

Where does the source of authority of the Basic Law come from?

A

The Constitution of the PRC

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14
Q

What type of document is the Basic Law?

A

Constitutional document

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15
Q

4 major principles reflected in the Basic Law with regard to the estab of HKSAR

A
  • 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
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16
Q

What identity of HKSAR leads them to be under the leadership of the central authorities?

A

Local state organ

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17
Q

Which article is HKSAR established in accordance to?

A

Article 31 of the Constitution of the PRC

18
Q

What does HKSAR come directly under?

A

Central People’s Government

19
Q

What authorises HKSAR’s power?

A

National People’s Congress/ central authorities

20
Q

Main function of the Basic Law

A

It prescribes the system of the special administrative region

21
Q

What does the central government exercise over the HKSAR and what does it include?

A

Overall jurisdiction, which includes powers directly exercised by the central government and the powers of HKSAR delegated by the central government

22
Q

How can we see that the central government is responsible for the affairs of HK

A

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

23
Q

What is the Central People’s Government responsible for of HK?

A

National security, defence and foreign affairs

24
Q

What is listed in Annex III in the Basic Law?

A

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

25
Q

What law was passed by the Standing Committee of the National People’s Congress and listed in Annex III?

A

The Law of the People’s Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region

26
Q

What is the Law of the People’s Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region about?

A

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

27
Q

Which Office is responsible for analysing and assessing developments in relation to safeguarding national security in the HKSAR?

A

The Office for Safeguarding National Security of the Central People’s Government

28
Q

What is Article 23 of the Basic Law about?

A

It stipulates that HK “small enact laws on its own” to prohibit seven types of acts and activities that endanger national security

29
Q

Relation between HK, Article 23 of the Basic Law and the Central Authorities

A

HK has the constitutional responsibility to legislate for Article 23 of the Basic Law and report to the Central Authorities

30
Q

Which document enforces the national security of both HK and Mainland?

A

Safeguarding National Security Ordinance

31
Q

Who is the Chief Executive of HKSAR selected and appointed by?

A

Selected by election or through consultations held locally and be appointed by the Central People’s Government

32
Q

Ultimate aim of the selection of the Chief Executive

A

The selection of the Chief Executive by universal suffrage upon nomination by a broadly representative nominating committee

33
Q

How is the Legislative Council of the HKSAR constituted?

A

By election

34
Q

Ultimate aim of the election of all the members of the LegCo

A

The election of all the members of the LegCo by universal suffrage

35
Q

What is the power of final adjudication of the HKSAR vested on?

A

The Court of Final Appeal of the HKSAR

36
Q

What name do NGOs and the HKSAR have to use (when maintaining and developing relations and concluding and implementing agreements with foreign regions)?

A

Hong Kong, China

37
Q

What is the power of interpretation of the Basic Law vested on?

A

The Standing Committee of the National People’s Congress (NPCSC)

38
Q

What is the power of amendment of the Basic Law vested on?

A

National People’s Congress (NPC)

39
Q

HKSAR is a free port

A

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

40
Q

What shall the HKSAR Government formulate polices on?

A

Development and improvement of education, science and technology, culture, sports, social welfare and labour