Basic Law: Best Guarantee of “One country, Two systems” Cornerstone of Hong Kong’s prosperity and stability
3 May 2020
With a mere area of 1 100 square kilometres and a population of about 7.5 million, the Hong Kong Special Administrative Region (HKSAR) has the privilege of using the name “Hong Kong, China” to participate in various international organisations (e.g. World Trade Organization and Asia-Pacific Economic Cooperation) and major sporting events (e.g. Olympic Games). Thanks to the Basic Law through which our city enjoys such unique advantages and safeguards under “One Country, Two Systems”.
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This year marks the 30th anniversary of the promulgation of the Basic Law, a timely opportunity to look back on its history. I urge on all of you to develop a comprehensive and accurate perception of the Basic Law, thoroughly understand the vision and implementation of “One Country, Two Systems”, and reflect on the significance of the safeguards that the Basic Law provides to the substantial development of Hong Kong.
The National Constitution and the Basic Law form the constitutional basis of the HKSAR
Article 31 of the Constitution of the People’s Republic of China (PRC) (the Constitution) provides that 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 (NPC) in the light of the specific conditions. On 4 April 1990, the Third Session of the Seventh NPC passed the Basic Law and made the decision to establish the HKSAR.
Legislated and effected by the Constitution, the Basic Law is a constitutional document for the HKSAR. Its legal provisions, formulated after years of incubation, deliberation and consultation, provide the sound and clear legal basis and constitutional framework for implementing the basic policies of “One Country, Two Systems”, “Hong Kong people administering Hong Kong” and a high degree of autonomy.
“One Country, Two Systems” is a holistic concept
The Basic Law clearly articulates the concept of “One Country”, stipulating that the HKSAR is an inalienable part and a local administrative region of the PRC, which enjoys a high degree of autonomy and comes directly under the Central Government.
“One Country, Two Systems” is a vision of our country to achieve peaceful reunification and territorial integrity and resolve issues pertaining to national unity, including the Hong Kong issue. This allows the implementation of a different system in certain parts of the country. It must be emphasised that “One Country” is the prerequisite, foundation and core on which “Two Systems” is implemented. Without “One Country”, there will not be “Two Systems”.
Under “One Country, Two Systems”, the Central Government has overall jurisdiction over the HKSAR. The robustness of “One Country, Two Systems” can only be ensured by adhering to the “One Country” principle and respecting the differences of the “Two Systems”, as well as integrating the upholding of the Central Government’s overall jurisdiction and the safeguarding of a high degree of autonomy in the HKSAR.
The Basic Law safeguards the prosperity and stability and acknowledges the unique positioning of Hong Kong
On the basis of “One Country”, the HKSAR exercises the principle of “Hong Kong people administering Hong Kong” and a high degree of autonomy, and enjoys executive, legislative and independent judicial power, including that of final adjudication.
Within the framework of “Two Systems”, the HKSAR retains its capitalist system and lifestyle by implementing a system which is different from that of our nation. With the constitutional protection conferred by the Basic Law, Hong Kong maintains its common law tradition which is familiar to the international business community, upholds the rule of law and judicial independence as its core values, and enjoys its status as a separate customs territory. Moreover, the Basic Law stipulates that the Hong Kong dollar is the legal tender in the HKSAR. The circulation of the Hong Kong dollar and renminbi allowed under “One Country” helps develop Hong Kong into the world’s largest offshore renminbi centre. Among other things, the Basic Law safeguards the fundamental rights and freedoms enjoyed by Hong Kong residents, including the freedoms of speech, the press and conscience, as well as the freedoms of association, assembly, procession and demonstration.
Leveraging on the dual advantages of “One Country, Two Systems” under the Basic Law, Hong Kong performs a unique and irreplaceable role, and ranks among the highest in various league tables.
In the ongoing process of our country’s reform and opening up, Hong Kong has played an active role as both a “contributor” and a “beneficiary”. We have all along been using our advantages to meet the needs and contribute to the development of the country. Meanwhile, moving steadily forward with the Mainland, Hong Kong has been benefiting from its rapid growth and attaining remarkable achievements through joint development and prosperity sharing.
Responsibility of safeguarding national sovereignty, security and development interests
The Preamble to the Basic Law expressly states that the HKSAR is established for upholding national unity and territorial integrity. On safeguarding national security, this is purely the responsibility of “One Country” and there is no distinction between the “Two Systems”. Safeguarding the country’s sovereignty, territorial integrity, security and development interests is a constitutional responsibility as well as a due obligation of the HKSAR as part of the country, formulating the basis for maintaining Hong Kong’s prosperity and stability in the interests of every stratum and sector of the community.
Enhancing the understanding of the Basic Law
It is incumbent upon us to strengthen education on the Constitution and the Basic Law, which form the constitutional basis of the HKSAR. The Government will, through various channels, enhance national awareness and the sense of national identity in our society, especially among public officers and young people. We will also strive to nurture our younger generation to become citizens who are socially responsible and law-abiding, and equipped with a sense of national identity, a love for Hong Kong and an international perspective.
For the purpose of enhancing the understanding of the Basic Law among those who are interested in joining the civil service, the assessment of Basic Law knowledge has been incorporated into the civil service recruitment process since 2008. As at March 2020, an aggregate of about 390 000 candidates have attended the assessments at degree or professional level, and about 190 000 have attended the written tests at other levels. The test result will make up 10% of the candidate’s overall assessment, and many have obtained quite good results.
Greater social stability has been fostered since the promulgation of the Basic Law 30 years ago. Some have hence regarded it as the “pillar of the ocean”. However, social disputes over matters concerning constitutional development and the relationship between the Central Government and the HKSAR have recently resurfaced. The right way to resolve such disputes at root is through fully understanding, upholding and implementing the Basic Law. Besides, there have been misunderstandings or even misinterpretations of the “One Country, Two Systems” policy, resulting in a situation detrimental to the development of our country and Hong Kong, which calls for timely rectification, clarification and rebuttal. It is indeed of utmost importance to have a correct understanding and interpretation of the relationship between “One Country” and “Two Systems”.
The prosperity and stability of Hong Kong hinge on the concerted efforts of every one of us. With the hard-earned easing of the epidemic in Hong Kong, we should strive to return to our normal lives as soon as the epidemic is contained. Regrettably, there has been a resurgence of unlawful assemblies and protests lately, which will not only increase the risk of virus spreading, but also endanger public safety.
In fact, a mood of defiance has set in among our community. Since June last year, there have been 1 400 public events, many of which eventually turned into illegal acts of serious violence. About 40% of the arrested are students, and nearly 1 400 of them are under 18 years old with the youngest being only 11. Over 460 students are prosecuted, and the youngest three are only 12 years old. Among those who have gone through judicial proceedings, eight aged under 18 are convicted, with the youngest aged only 13. Seeing these young people breaking the law and ruining their own future is very sad indeed.
I wish to emphasise that no matter how much efforts in terms of resources or measures that the Government is willing to put further in supporting individuals and businesses affected by the epidemic, if our law and order continues to be threatened by unlawful assemblies, protests and violence, which undermines the rule of law and social peace, deprives the public of their safety and drives away foreign investors, our economy will face a long and tortuous road to recovery with many twists and turns ahead.
