Worksheet 1 ： The Relationship between the Constitution and State
Institutions on the One Hand and the Basic Law on the Other.
Source A
Article 31 of the Constitution of the People’s Republic of
China. The state may establish special administrative
regions when necessary. The systems to be instituted in
special administrative regions shall be prescribed by law
enacted by the National People’s Congress in the light of
the specific conditions.
Source B
Article 11 of the Basic Law. In accordance with Article 31
of the Constitution of the People’s Republic of China, the
systems and policies practised in the Hong Kong Special
Administrative Region, including the social and economic
systems, the system for safeguarding the fundamental rights
and freedoms of its residents, the executive, legislative and
judicial systems, and the relevant policies, shall be based on
the provisions of this Law. …
1.
What is a
constitution?
Constitution is a
state’s fundamental
law, defining the
fundamental
political principles,
including the
establishment of the
executive,
legislative, judiciary
as well as the power
relationship among
them and the
operating
procedures. Last but
not least, it includes
the rights and duties
of citizens.
According to sources A and B, what is the relationship between the Constitution
of the People’s Republic of China and the HKSAR?
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History of the Constitution of the People’s Republic of China
Chinese People’s Political Consultative Conference adopted the Common
Program of Chinese People’s Political Consultative Conference (the Common
Program) in 1949. With its content and form resembling that of the fundamental
law of the People’s Republic of China, the Common Program served as the
constitution at the time.
In September 1954, the 1st National People’s Congress adopted the
Constitution of the People’s Republic of China in its first session. Two decades
later, in January 1975, the 4th National People’s Congress adopted the amended
constitution, which became the second constitution of the People’s Republic of
China, in its first session. And there came the third constitution, when the 5th
National People’s Congress adopted the amended Constitution of the People’s
Republic of China in its first session on 5 March 1978.
The Constitution in force now was adopted in December 1982, by the 5th
National People’s Congress in its 5th session. After this, there were several
amendments made in 1988, 1993, 1999 and 2004.
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The National People’s Congress
The National People’s Congress is the highest organ of state power of the People’s
Republic of China and its permanent body is the Standing Committee of the
National People’s Congress. The two of them exercise the legislative power of the
state. The National People’s Congress is composed of deputies elected by the
provinces, autonomous regions, municipalities directly under the Central
Government and special administrative regions and of deputies elected from the
armed forces. All the minority ethnic groups are entitled to appropriate
representation.
The Chinese People’s Political Consultative Conference
The Chinese People’s Political Consultative Conference is a united front
organization. It is where multi-party cooperation and political consultation under the
leadership of the Communist Party of China take place. It is composed of the
Communist Party of China, other political parties, mass organizations, different
ethnic groups, representative public personages from all walks of life,
representatives of compatriots of Taiwan, Hong Kong and Macao as well as of
returned overseas Chinese and other specially invited people.
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Source C
Article 62 of the Constitution of the People’s
Republic of China. The National People’s Congress
exercises the following functions and powers:
……
(13) To decide on the establishment of special
administrative regions and the systems to be instituted
there;
Source D
Article 2 of the Basic Law.
The National People’s Congress authorizes the Hong Kong
Special Administrative Region to exercise a high degree of
autonomy and enjoy executive, legislative and independent
judicial power, including that of final adjudication, in
accordance with the provisions of this Law.
Source E
Article 159 of the Basic Law.
The power of amendment of this Law shall be vested in the
National People’s Congress.
…
2. According to the sources C, D and E, what is the relationship between the
National People’s Congress and the HKSAR?
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Source F
Article 67 of the Constitution of the People’s Republic of China.
The Standing Committee of the National People’s Congress exercises the following
functions and powers:
……
(3) To partially supplement and amend, when the National People’s Congress is not
in session, laws enacted by the National People’s Congress provided that the
basic principles of these laws are not contravened;
(4) To interpret laws;
…
(18) To decide, when the National People’s Congress is not in session, on the
proclamation of a state of war in the event of an armed attack on the country or
in fulfillment of international treaty obligations concerning common defense
against aggression;
…
(20) To decide on the entry into a state of emergency throughout the country or in
particular provinces, autonomous regions, or municipalities directly under the
Central Government;
…
Source G
Dates of sessional meetings of the 10th National People’s Congress:
­
The first session: 5th – 18th March 2003
­
­
­
The second session: 5th – 14th March 2004
The third session: 5th – 14th March 2005
The fourth session: 5th – 14th March 2006
3. According to sources F and G, why did the National People’s Congress
establish the Standing Committee?
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Source H
Article 17 of the Basic Law.
… If the Standing Committee of the National People’s Congress, after
consulting the Committee for the Basic Law of the Hong Kong Special
Administrative Region under it, considers that any law enacted by the
legislature of the Region is not in conformity with the provisions of this Law
regarding affairs within the responsibility of the Central Authorities or
regarding the relationship between the Central Authorities and the Region, the
Standing Committee may return the law in question but shall not amend it.
Any law returned by the Standing Committee of the National People’s
Congress shall immediately be invalidated. This invalidation shall not have
retroactive effect, unless otherwise provided for in the laws of the Region.
Source I
Article 18 of the Basic Law.
… In the event that the Standing
Committee of the National People’s
Congress decides to declare a state
of war or, by reason of turmoil
within the Hong Kong Special
Administrative
Region
which
endangers national unity or security
and is beyond the control of the
government of the Region, decides
that the Region is in a state of
emergency, ….
Source J
Article 158 of the Basic Law.
The power of interpretation of this
Law shall be vested in the Standing
Committee of the National People's
Congress.
The Standing Committee of the
National People’s Congress shall
authorize the courts of the Hong
Kong
Special
Administrative
Region to interpret on their own, in
adjudicating cases, the provisions
of this Law which are within the
limits of the autonomy of the
Region. …
4. According to sources H, I and J, in what areas do the Standing Committee of
the National People’s Congress has influence over HKSAR?
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Source K
Article 85 of the Constitution of the
People’s Republic of China.
The State Council, that is, the Central
People’s Government, of the People’s
Republic of China is the executive
body of the highest organ of state
power; it is the highest organ of state
administration.
Source L
Article 89 of the Constitution of the
People’s Republic of China.
The State Council exercises the
following functions and powers:
…
(9) To conduct foreign affairs and
conclude
treaties
and
agreements with foreign states;
(10) To direct and administer the
building of national defense;
…
Source M
Article 2 of the Basic Law.
The National People’s Congress
authorizes the Hong Kong Special
Administrative Region to exercise a
high degree of autonomy and enjoy
executive,
legislative
and
independent judicial power, including
that of final adjudication, in
accordance with the provisions of
this Law.
Source N
Article 12 of the Basic Law.
The
Hong
Kong
Special
Administrative Region shall be a
local administrative region of the
People’s Republic of China, which
shall enjoy a high degree of
autonomy and come directly under
the Central People’s Government.
Source O
Article 13 of the Basic Law.
The Central People’s Government
shall be responsible for the foreign
affairs relating to the Hong Kong
Special Administrative Region. …
Source P
Article 14 of the Basic Law.
The Central People’s Government
shall be responsible for the defence
of the Hong Kong Special
Administrative Region. …
5. What is the relationship between the Central People’s Government and the
National People’s Congress?
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6. According to sources L to P, what is the relationship between the Central
People’s Government and the HKSAR? What affairs in Hong Kong is the
Central People’s Government responsible for?
7. Why are the National People’s Congress, its Standing Committee and the
Central People’s Government still exercising various powers over the
HKSAR, despite the arrangement of “high degree of autonomy”?
What is sovereignty?
Generally speaking, sovereignty means
the supreme authority of a country.
Within the country, the sovereign has
supreme authority over the people and
related affairs. There is no subordination
between sovereign states. A sovereign
state can determine its own affairs
without being interfered by other
countries.
(Source of photo: Hong Kong Yearbook)
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