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Monday, November 5, 2012

Two System Rule in Hong Kong

The chinaware promulgated the staple fiber legality under oblige 31 of its own Constitution, which allows for " picky Administrative divisions" within the Chinese state. Specifically, Article 31 provides that chinaware "may establish special administrative regions when necessary. The systems to be instituted in special administrative regions shall be prescribed by right enacted by the National People's Congress in the light of the peculiar(prenominal) conditions" (Constitution of the People's land of China, Art. 31).

Qiao Xiaoyang, in an article analyzing the political relationship amid China and Hong Kong, argues that although the mainland China Constitution respects the initiative and excitement of local government activity, the primordial authority of the PRC still provides the merge leadership for all China's provinces and special regions. Thus, Xiaoyang contends that the relationship between the PRC and the HKSAR remains a one(a) relationship with sovereignty residing in the central organs of the state. The powers enjoyed by the HKSAR are not indwelling to the HKSAR, but rather are bestowed upon the HKSAR by the central authorities in the PRC. Thus, Xiaoyang likens the relationship between the PRC and the HKSAR as " tantamount(predicate) to that of the central authorities with various provinces, autonomous regions and municipalities directly under the Central Government


Basic truth of the Hong Kong Special Administrative Region of the People's Republic of China. Accessed 21 Jul. 2003. <"hypertext transfer protocol://www.info.gov.hk/basic_law/fulltext/index.htm">.

Chief Executive Tung's refusal to withdraw the anti-subversion bill despite the spacious demonstrations against it suggest that the PRC remains mindful of the limits on the HKSAR's autonomy. The demonstrations, however, too suggest that Hong Kong residents intend to guard that autonomy zealously. This inherent stress in the "one country, two system" policy provide likely lead to more demonstrations in the coming eld as the PRC attempts to press its authority and Hong Kong residents guard their rights.
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Xiaoyang argues that the unitary relationship between China and Hong Kong means that Chinese central authorities retain full sovereignty over the HKSAR. However, the PRC took into account the ways in which Hong Kong's history differed from that of the PRC to pen a Basic Law that would facilitate the social stableness and economic development of Hong Kong. The resulting Law, therefore, authorizes the HKSAR to exercise a high distributor point of autonomy in certain domestic areas. In particular, Article 12 of the Basic Law provides that "[t]he 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 summon directly under the Central People's Government" (Basic Law of HKSAR, Art. 12). Thus, as Xiaoyang notes, the HKSAR is empowered to administer its domestic executive, legislative and judicial personal matters with minimal interference from the PRC central authorities (Basic Law of HKSAR, Arts. 15-17). As a result, in some ways, Hong Kong operates as a semi-autonomous state with the PRC as its governing, central authority, which further explains why the relationship is considered "unitary" or "one country."

Despite the erudition of the "two systems," however, the unitary relationship between Hong
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