Laws Flashcards
(40 cards)
Which unequal treaty was signed in 1842?
Treaty of Nanjing (HK Island)
Which unequal treaty was signed in 1860?
Convention of Beijing (Kowloon Peninsula)
Which unequal treaty was signed in 1898?
Convention for the Extension of Hong Kong Territory (NT)
Since the founding of the PRC, …?
- The Chinese government always holds that HK has always been part of the territory of China
- China does not recognise any of the unequal treaties imposed by Britain
What was signed in 1984?
Sino-British Joint Declaration
What does China have over HKSAR?
China has sovereignty over HKSAR
What would still be unchanged when HKSAR is established?
Social and economic systems as well as lifestyles
What is a constitution?
A fundamental legal document of a country which states clearly the basic principles of how the country is to be rules and the basic rights guaranteed to the people
What is a socialist system?
- advocates the abolition of the private property system
- believes that all property should be controlled by a government that represents the people
What is a capitalist system?
- an economic system based on private property
What did the Chinese government decide when the Sino-British Joint Declaration was signed? What is this principle called?
The socialist system will not be practiced in HK and the existing capitalist system will be maintained. “One country, two systems”
What is the Basic Law?
It provides a legal basis for the various systems to be practiced in HKSAR
Where does the source of authority of the Basic Law come from?
The Constitution of the PRC
What type of document is the Basic Law?
Constitutional document
4 major principles reflected in the Basic Law with regard to the estab of HKSAR
- HK is an inalienable part of PRC
- China established HKSAR under the principles of “one country, two systems”
- HK has a high degree of autonomy and enjoy executive, legislative and independent judicial power
- HK people administer HK
What identity of HKSAR leads them to be under the leadership of the central authorities?
Local state organ
Which article is HKSAR established in accordance to?
Article 31 of the Constitution of the PRC
What does HKSAR come directly under?
Central People’s Government
What authorises HKSAR’s power?
National People’s Congress/ central authorities
Main function of the Basic Law
It prescribes the system of the special administrative region
What does the central government exercise over the HKSAR and what does it include?
Overall jurisdiction, which includes powers directly exercised by the central government and the powers of HKSAR delegated by the central government
How can we see that the central government is responsible for the affairs of HK
All powers of HKSAR are delegated by the central government, so the central government has the power of oversight over the exercise of high degree of autonomy in HK
What is the Central People’s Government responsible for of HK?
National security, defence and foreign affairs
What is listed in Annex III in the Basic Law?
National laws relating to defence and foreign affairs as well as other matters outside the limits of the autonomy of the HKSAR under the Basic Law
