| |
The
Hong Kong Special Administrative Region... ...

The Hong Kong Special Administrative Region after returning
to China. |
The area constituting Hong Kong is located on the southeast coast
of China, east of the mouth of the Pearl River and bordering Shenzhen
City in Guangdong Province. It consists of Hong Kong Island, Kowloon
and the New Territories, with a total area of 1,092 sq km. Hong
Kong has been Chinese territory since ancient times.
Hong Kong was occupied by Britain after the Opium War in 1840.
In accordance with the Sino-British Joint Declaration on the Question
of Hong Kong signed on December 19, 1984, the two governments held
a hand-over ceremony on July 1, 1997, announcing the resumption
of sovereignty by China over Hong Kong. Thus the common, long-cherished
wish of the Chinese people to recover Hong Kong was fulfilled. Meanwhile
the Hong Kong Special Administrative Region (HKSAR) of the PRC was
formally established. The Basic Law of the Hong Kong Special Administrative
Region, adopted in April 1990 at the Third Session of the Seventh
National People's Congress, came into effect. The Basic Law makes
clear and definite specifications on a high degree of autonomy,
and the political, economic, cultural and educational systems of
the HKSAR.
A High Degree of Autonomy The Chinese government carries out the
basic policies of "one country, two systems," "administration
of Hong Kong by the Hong Kong people" and "a high degree
of autonomy." "One country, two systems" refers to
the fact that in China, a unified country, the mainland practices
the socialist system, and Hong Kong's previous capitalist system
and way of life shall remain unchanged for 50 years; "administration
of Hong Kong by the Hong Kong people" means that the HKSAR
is administered by the Hong Kong people on their own, and the central
authorities shall not send officials to the HKSAR to fill local
official posts; and "a high degree of autonomy* means that
apart from foreign and national defense affairs that should be administered
by the central authorities, the HKSAR shall fully enjoy the power
of decision over matters within its autonomous jurisdiction, including
executive, legislative, independent judicial and final adjudication
powers.

Night view of Hong Kong. |
The high degree of autonomy of the HKSAR has the following features:
First, the central authorities shall not interfere in affairs within
the scope of autonomy of the HKSAR. Second, the HKSAR government
shall have the final say on matters within its autonomous jurisdiction
as prescribed in the Basic Law, calling for no approval by the central
authorities. And third, the government of the HKSAR may, within
the limits prescribed by the Basic Law, choose its own means of
exercising its functions and powers.
Political System A democratic political system is practiced in
the HKSAR. Its major organs of power are the Chief Executive, the
Government, the Legislative Council and the Court of Final Appeal.
In addition, there is the Executive Council, a body which assists
the Chief Executive in decision-making, and the Commission Against
Corruption and the Audit Commission, which function independently
and are accountable to the Chief Executive. Under the Government,
the executive power organ of the HKSAR, there are the Department
of Administration, the Department of Finance, the Department of
Justice, and various bureaus, divisions and commissions. In the
conditions and following the procedures prescribed by law, the Chief
Executive shall have the power to dismiss the legislative organs;
the legislative organs shall have the power to impeach the Chief
Executive; the administrative organs shall be accountable to the
legislative organs; the Chief Executive, administrative and legislative
organs shall supervise and cooperate with each other.
The Chief Executive of the HKSAR shall be the head of the HKSAR,
as well as the head of the HKSAR government. His or her dual status
gives him or her extensive functions and powers. The Chief Executive
shall be selected from among residents of the HKSAR by election
or through consultations held locally, and be appointed by the Central
Government. The term of office of the Chief Executive shall be five
years. He or she may serve for not more than two consecutive terms.
Tung Chee Hwa was elected the first Chief Executive of the HKSAR.
Economic System A free economic system is practiced in the HKSAR.
The operation mechanisms of this economic system are mainly manifested
in the fields of finance, banking, trade, industry and commerce,
real estate, shipping and civil aviation. For instance, in accordance
with the law, the HKSAR shall protect the property rights of individuals,
and shall have independent finances, using its financial revenues
exclusively for its own purposes. The financial revenues shall not
be handed over to the Central Government. The Central Government
shall not levy taxes in the HKSAR; the HKSAR shall practice an independent
taxation system and a low-tax policy, and shall enact laws on its
own concerning types of taxes, tax rates, tax reductions, allowances
and exemptions, and other matters of taxation. The HKSAR shall maintain
its status as an international financial center, work out its monetary
and financial policies on its own, and safeguard the free operation
of financial business and the financial market. No foreign exchange
control shall be applied in the HKSAR. The Hong Kong dollar shall
continue to be freely convertible. Markets for foreign exchange,
gold, securities, futures and the like shall continue to operate.
The HKSAR government shall safeguard the free flow of capital within,
into and out of the Region. The HKSAR shall maintain its status
as a free port, adopt the policy of free trade, and safeguard the
free movement of goods, intangible assets and capital. The HKSAR
shall maintain its status as an international shipping center and
may, on its own, stipulate the concrete functions and responsibilities
in this field. The HKSAR shall maintain its status as an international
and regional aviation center, and shall be responsible for the daily
work and technological management of civil aviation.
As a separate customs territory, the HKSAR may, using the name
"Hong Kong, China," join the WTO and other relevant international
organizations and international trade agreements.
Cultural and Educational Systems The HKSAR shall, on its own, work
out policies on education, culture, science and technology. Educational
institutions of all kinds shall retain their autonomy and enjoy
academic freedom. They may continue to recruit staff, and use teaching
materials from outside the HKSAR. Students shall enjoy freedom of
choice of educational institutions and freedom to pursue their education
outside the HKSAR. The HKSAR government shall neither restrict the
freedom of religious belief, nor interfere in the internal affairs
of religious organizations. Religious organizations and believers
in the HKSAR may maintain and develop their relations with their
counterparts elsewhere; religious organizations may, according to
their previous practice, continue to run seminaries and other schools,
hospitals, welfare institutions, etc. Non-governmental organizations
in various fields, including education, science, technology, culture,
art, sports, and medicine and health in the HKSAR, may maintain
and develop their relationships with relevant organizations of other
countries and regions, and with international organizations. They
also may participate in relevant activities in the name of "Kong
Kong, China."
In addition to the Chinese language, English may also be used as
an official language by the executive, legislative and judiciary
authorities of the HKSAR.
|
|