Theme 1 Topic 1 Part E: Political Structure of the HKSAR Flashcards
Who has the power to decide on the political structure of the HKSAR?
the Central Authorities
What does the political strcture of the HKSAR consists of?
The Basic Law prescribes that the political structure of the HKSAR consists of:
1. The chief executive
- Executive authorities:
HKSAR Government exercises executive power to execute policy-making and administrative work. - Legislature:
Legislative Council exercises legislative power - Judiciary:
courts exercise judicial power independent, including power of final adjudication. - District organisations:
District Councils, District Fight Crime Committees, District Fire Committees etc.
- not organs of politcal power
- advisory role, advise the government on district administration and public services provision
- provides services in the fields such as culture, recreation and environmental sanitation at the district level - Public servants:
any person holding an office of emolument under the HKSAR Government
- must be Hong Kong permanent residents
- demonstrate allegiance to the HKSAR government to be loyal to the Chief Executive
- Oath taking to acknowledge their duties and expectations on them
What are the characteristics of the HKSAR Political structure?
- Executive-led system
- Coordination between the executive authorities and the legislature / they complement each other
- checks and balances mechanisms / monitoring mechanisms
- Judicial Independence
How is executive-led system a political strcture of the HKSAR?
- The executive, legislative, and judicial powers belong to different institutions and perform their respective functions.
- The executive authorities, headed by the Chief Executive, plays an active and leading role in the operation of the political structure.
- Only the Chief Executive has the legal status of “dual head”: the head of the HKSAR, and the head of the HKSAR Government. The Chief Executive bears “dual responsibility” and is accountable to both the Central Government and the HKSAR.
How does the executive authorities and the legislature complement each other?
- Policty-making: Some legislative Councilors are also members of the Executive Council. This facilitates executive-legislative communication during the decision-making process.
- Legislative process
Coordination between the executive authorities and the Legislative Council to speedup the legislative process and improve the effectiveness of government policies
- the executive draws up and introduces budgets while the Legislative Council approves it after examination, ensuring smooth provision of public services and facilities.
- The Executive signs bill while the Legislative Council passes them. After promulgation by the Chief Executive, they become regulatory documentsthat everyone should abide.
- Legislative Council gives priority to the bills or motions put forward by the Government for inclusion in the agenda
- To enhance mutual understanding, the Chief Executive designates Government officials to attend meetings of the Legislative Council andits committees and to speak on behalf of the government.
- The Chief Executive and some LegCo members are elected by the Election Committee
How is there judicial independence in the political structure of the HKSAR?
The Basic Law stipulates that the courts of the HKSAR shall exercise judicial power independently, free from and interference. Members of the judiciary shall be immune from legal action in the performance of their judicial functions
Laws takes effect after being published in the
GAZETTE
On 11 March 2021: Ammendments to Annex I and Annex II by the NPC standing Committee in Decision of the National Pepople’s Congress on ___________________________________________________-
Improving the Electoral System of the Hong Kong Special Administrative Region
What are the fundamental principles and core elemtents to the improvements on the electoral system?
- firmly safeguarding the constitutional order of the HKSAR as enshrined under the Constitution and the Basic Law
- fully and accurately upholding and implementing the principles of “One Country, Two Systems” Hong Kong people adminitering Hong Kong with patriots forming the mianstay” and “a high degre of autonomy”
- Ensuriing “patriots administering Hong Kong”
- effectively enhancing government capability of the HKSAR
- upholding HKSAR permanent residents’ right to vote and the right to stand for election in accordance to law.
- stipulated how the CE shall be chosen before consensus can be made concerning how universal suffrage is to be carried out
How does the improvement on the electoral system ensure “patriots administering Hong Kong”?
- people who respect one’s own nation, sincerely support the resumption of exercise of sovreignty over HongKong by the Motherland, and not impair Hong Kong’s prosperity and stability.
- Restriction to nationality: the Chief Executive, etc shall bechinese citizens who are permanent residents of the HKSAR with no right of abode in any foreign countries
- Oath-taking requirement: swear to uphold the Basic Law and swear allegiance to the HKSAR
What are the pros of improvement of electoral system and enhancing the governance capability of HKSAR?
- feectiveness of governance
- sustainability of policy-making for economic prosperity
- improving relationship between the executive and the legislature to enhance efficiency of policy making and law making: more coordination
how does the improvement makes the governance more effective?
- the principles of ‘balanced participation’ and ‘broad representation’ - representing people ‘from all walks of life’ allow balanced and broad sectoral representation which helps reflect the view of people from different walks of life
- encourages the CE to consult the opinion of different sectors before making decisions
- economic and professional sectors which are substantial and of importance in the community are represented. They have the full opportunity to use their professional qualifications and experience, enhancing effectiveness of policy-making with input from professional & experts
How does the improvement enhance sustainability of policy-making for economic prosperity?
- Ce sets policies and measures that are holistic and long term in nature.
- Maintain harmonious relationship between Hong Kong and the Central Government. It provides an institutional safeguard to ensure that the elected CE fulfills the “Love the Country, Love HK” standard.
=> ensure national security - fster economic prosperity with close economic cooperation
- ensure social & political stability and foster economic prosperity
How the the improvement of electoral system improve relationship between the legislature to enhance efficiency of policy making and law making?
There’s more coordination
- After 2021, the people need to be patriotic
=> more common ground
=> more efficient law making
