Theme 1 Topic 1 Part B: Constitutional Relationship between the Country and HKSAR Flashcards

1
Q

What is a constitution?

A
  • A constituion is the basis for the founding of a modern state. It has the highest legal status, and is the origin of national laws and systems
  • A constitution generally outlines the state’s political structure and the fundamental rights of its citizens
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2
Q

The People’s Republic of China has only ___ constitution (i.e. Constitution of the People’s Republic of China) and ___ sovereignty (i.e. one central administrative system to exercise state power in a unified way)

A

one, one

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3
Q

___________: unified, persistent and inseperable highest power of a country for independently and autonomously handling its internal and external affairs.

A

Sovereignty

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4
Q

____________: the exercise of sovereignty, the specific powers to govern a country, and an inseperable part of sovereignty.

A

Jurisdiction

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5
Q

Local political institutions exercising jurisdiction do not have ___________ on its own.

A

sovereignty

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6
Q

What does it mean for China is a unitary system?

A
  • The Central Authorities exercise all power on behalf of the state.
  • China has a state organ with central and local levels. The power of local authorities are granted by the Central Authorities
  • All local administrative units are subject to the unified leadership of the Central authorities. Local governments com directly under and are subject to the supervision of the Central Authorities.
  • Local governments do not have any residual power: the power that is not listed in the constituion or the constitutional law.
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7
Q

________________ and _____________ together form the constitutional basis for the HKSAR. They ensure that the “one country two systems” principle fits into the constitutional structure of the country.

A

The Constitution, the Basic Law

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8
Q

The constitution provides __________________________ for the legalization, institutionalisation and implementation of the “one country, two systems” principle.

A

the constitutional basis

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9
Q

The Constitution and the _________________ for the Basic Law. They are the foundation of law for the Basic Law.

A

legislative basis

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10
Q

The Basic Law is a ________ law.

A

national

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11
Q

What’s the relationship between the Constitution and the Basic Law?

A

The relationship between the Constitution and the Basic Law is one between **“parent law” **and “subordinate law”. The Basic Law must comply with the Constitution.

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12
Q

The Basic Law is the _________________ law of the HKSAR. The laws enacted by the LegCo/ local law must comply with the basic law.

A

constitutional

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13
Q

The HKSAR under “one country two systems”. Sovereignty and jurisdiction belong to the _________________________.
- Article 1 of the Basic Law:” The Hong Kong Special Administrative Region is an inalienable part of the People’s Republic of China”.

A

Central Authorities

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14
Q

Power of the HKSAR is granted by the ______________________

A

Central Authorities

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15
Q

The HKSAR is a local administrative region with a special status which is under the ______________________ of the Central Government. It is established under the _____________________ of the Central Authorities in accordance with the constitution.

A

direct administration, authorization

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16
Q

Under the unitary system, the HKSAR does not have any _______________________. The high degree of autonomy it enjoys originates from the delegation of power of the Central Authorities.

A

inherent power

17
Q

The HKSAR is under the ____________________________ of the Central Authorities when exercising its power.

A

leadership and supervision

18
Q

What are the constitutional responsibilities of the HKSAR?

A
  • Safeguarding national sovereignty, security and development interests of the country
  • Safeguarding the constitutional order in the HKSAR prescribed by the Constitution and the Basic Law
  • Maintaining the properity and stabililty of the HKSAR
  • proactively integrating into the overall development of the HKSAR