“One country, two systems” is an important formula that symbolized the stage of socialist modernization of Chinese Government. The Basic Law is one of the products produced under such kind of ideology. According Article 11 in the Law; “the systems and policies practiced in the Hong Kong Special Administrative Region including the social and economic systems, the system for safe-guarding the fundamental rights and freedoms of its residents, the executive, legislative and judicial systems and relevant policies, shall be based on the provisions of the law. No law enacted by the legislature of Hong Kong Special Administrative Region shall contravene this law.” In other words, the Basic law is more superior in comparison with other laws in Hong Kong.
In the essay, the arrangement of the law and the rationale behind will be focused. Conclusion and limitation of the law are added at the end of this essay.
Key structure of Basic Law
Basic Law is a principal source of laws in Hong Kong. It is also an agreement between both China and UK. Starting from the Preamble, which explain why Basic Law is enacted.
“Hong Kong has been part of China’s territory since ancient times, but it was occupied by Britain after Opium War in 19 Dec 1984, the Chinese and British government signed the Joint Declaration on the question of Hong Kong, affirming the Government of People’s Republic of China will resume the exercise of sovereignty over Hong Kong on 1 July, 1997….”
In order to uphold the national unity and territory ownership of China. China has decided implementing Basic Law in Hong Kong.
Basic law has eight chapters and each of them carries different but utmost important function of constructing the legislative structure of Hong Kong. In following paragraphs, the characteristics of those chapters are explained.
The Chapter I (general principles) of the Basic law is to govern the political, economic, legal and the other systems and policies to be applied in the HKSAR. It suggests the officers working as legislature and authorizes should be Hong Kong permanent residents (Article 3) also, Socialism of China will not be practiced in Hong Kong. Instead, Capitalism will remain in Hong Kong until the changeover after 50 years. Article 8 suggests that the laws which is not contradictory to Basic Law should remain while Article 9 determines the official languages used in Hong Kong.
Chapter II sets out the relationship between HKSAR government and Central government of the PRC. The Chapter suggests the head of HKSAR government who along with other principal officers are appointed by the Central government. (Article 15)
Chapter III is an utmost important section. It declares with the right of the Hong Kong citizens. In the Chapter, it first identifies who can be a permanent HK resident. (Article 24) then, the chapter declares the rights and freedom of Hong Kong citizens. Including freedom of speech, press and the right to vote, to demonstrate, etc....