“Understanding the Political Structure of the Hong Kong Special Administrative Region (HKSAR)”
Learning and Teaching Resources
Self-learning On-line Course
Theme: Hong Kong under “One Country, Two Systems”
Topic: The meaning and implementation of “one country, two systems”
Prior Knowledge
In the learning stages of basic education, students should have already had the following related learning experiences:- A brief understanding of “one country, two systems” and the Basic Law
- A general idea about the relationship between the Central Authorities and the HKSAR, the importance of the Basic Law to Hong Kong residents, the functions of the HKSAR Government and its services, etc.
Suggestions on the Use of this Self-learning On-line Course
- Students are advised to bring along the text of the Basic Law1 for reference.
Watch the video clip and study the following sources, and answer the questions.
Multimedia Material
| Name of video: | “《歷史有話說》第四十集：一國兩制” |
| Video provider: | Our Hong Kong Foundation |
| Date of uploading: | 14 August 2020 |
| Video length(Language): | 2 min 24 seconds (Cantonese narrations with Chinese subtitles) |
| Website: | https://www.hkchronicles.org.hk/志趣古今/志影院/一國兩制 |
Reading Materials
1. Consolidation of Knowledge: “One Country, Two Systems”| The idea of “one country, two systems” is built upon the prerequisite of “one China” under which our Country, in its entirety, implements socialist system while Hong Kong, as a special administrative region, maintains its capitalist system. Article 31 of the Constitution of the People’s Republic of China (PRC), which was passed at the Fifth Session of the Fifth National People’s Congress (NPC) and promulgated for implementation on 4 December 1982, stipulates 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 NPC in the light of specific conditions”. This reflects that “one country, two systems” principle was formulated by the Chinese Government to achieve peaceful reunification of the country by providing the direct constitutional basis for establishing special administrative regions in certain regions of the country with systems and policies different than those implemented in the Mainland. “One country” is the core element in the “one country, two systems” policy, and it is the prerequisite upon which the “two systems” element can flourish in accordance with the unique situations in Hong Kong. “One country” is the foundation for the implementation of “two systems”. The Basic Law specifies that the Hong Kong Special Administrative Region (HKSAR) is an inalienable part of the PRC. The NPC authorises the HKSAR to exercise a high degree of autonomy and enjoy executive, legislative and independent judicial power, including that of final adjudication, in accordance with the provisions of the Basic Law. The Central People’s Government of the PRC is responsible for the affairs relating to sovereignty such as foreign affairs and the defence of the HKSAR. |
2. Consolidation of Knowledge: the Basic Law
Article 14(1): The Central People's Government shall be responsible for the defence of the Hong Kong Special Administrative Region. Article 16: The Hong Kong Special Administrative Region shall be vested with executive power. It shall, on its own, conduct the administrative affairs of the Region in accordance with the relevant provisions of the Basic Law. Article 61: The principal officials of the Hong Kong Special Administrative Region shall be Chinese citizens who are permanent residents of the Region with no right of abode in any foreign country and have ordinarily resided in Hong Kong for a continuous period of not less than 15 years. |
https://www.basiclaw.gov.hk/en/basiclawtext/index.html
Quiz
Foundation Questions
| 1. | How is the basic policy of “one country, two systems” reflected in the provisions of the Basic Law? Cite relevant provisions from Chapter I of the Basic Law. |
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| 2. | Why did our country choose to implement "one country, two systems" in Hong Kong? Explain your answer with reference to the sources and your own knowledge. |
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| 3. | What are the basic policies of the PRC regarding Hong Kong in addition to the principle of “one country, two systems”? |
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| 4. | Which of the following are the major powers and functions of the Chief Executive? (i) to lead the government of the HKSAR (ii) to decide on government policies and to issue executive orders (iii) to sign bills passed by the LegCo and to promulgate laws |
| A (i) and (ii) B (i) and (iii) C (ii) and (iii) D (i)、(ii) and (iii) |
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| 5. | What is the minimum age for the Chief Executive of the HKSAR? |
| A 30 years of age B 35 years of age C 40 years of age D 45 years of age |
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| 6. | Permanent residents of the HKSAR who are not of Chinese nationality or who have the right of abode in foreign countries may also be elected members of the Legislative Council (LegCo) of the HKSAR, but what is the proportion that such members shall not exceed the total membership of the LegCo? |
| A 15 percent B 20 percent C 25 percent D 30 percent |
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| 7. | Except the first term of office, how long is the term of office of the LegCo of the HKSAR? |
| A two years B three years C four years D five years |
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Reading Materials
3. Consolidation of Knowledge: the Basic LawArticle 62: The Government of the Hong Kong Special Administrative Region shall exercise various powers and functions: to formulate and implement policies; to draft and introduce bills, motions and subordinate legislation; to draw up and introduce budgets, etc. Article 64: The Government of the Hong Kong Special Administrative Region must abide by the law and be accountable to the Legislative Council of the Region: it shall implement laws passed by the Council and already in force; it shall present regular policy addresses to the Council; it shall answer questions raised by members of the Council; and it shall obtain approval from the Council for taxation and public expenditure. Article 74: Members of the Legislative Council of the Hong Kong Special Administrative Region may introduce bills in accordance with the provisions of the Basic Law and legal procedures. Bills which do not relate to public expenditure or political structure or the operation of the government may be introduced individually or jointly by members of the Council. The written consent of the Chief Executive shall be required before bills relating to government policies are introduced. Article 80: The courts of the Hong Kong Special Administrative Region at all levels shall be the judiciary of the Region, exercising the judicial power of the Region. Article 88: Judges of the courts of the Hong Kong Special Administrative Region shall be appointed by the Chief Executive on the recommendation of an independent commission composed of local judges, persons from the legal profession and eminent persons from other sectors. |
https://www.basiclaw.gov.hk/en/basiclawtext/index.html
Quiz
Advanced Questions
| 1. | How does the Basic Law reflect that the political structure of the HKSAR is an executive-led system led by the Chief Executive? Explain your answer with reference to the reading materials.
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| 2. | In what ways do the executive authorities, the legislature and the judiciary of Hong Kong perform their respective functions and complement each other? Explain your answer with reference to the reading materials.
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| 3. | What are the names of the following three buildings? What are the main functions of the government authorities they represent?
Source: Copyright of the pictures belongs to the Legislative Council. Retrieved from www.legco.gov.hk.
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| 4. | According to the organisational chart of the Government of the HKSAR, complete the following table. | |||||||||||||||
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| 5. | Which of the following departments/ authorities function independently and are accountable to the Chief Executive? (i) Independent Commission Against Corruption (ICAC) (ii) Buildings Department (iii) Water Supplies Department (iv) Audit Commission |
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| A (i) and (ii) B (iii) and (iv) C (i) and (iv) D (i)、(iii) and (iv) |
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| 6. | Article 8 of the Basic Law stipulates that the laws previously in force in Hong Kong, that is, the common law, rules of equity, ordinances, subordinate legislation and customary law shall be maintained, except for any that contravene the Basic Law, and subject to any amendment by the _________________ of the HKSAR. | |||||||||||||||
| A legislature B Court of Final Appeal C executive authorities D Chief Executive |
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| 7. | For the importance of judicial independence, the provisions of the Basic Law and related mechanisms guarantee the judicial independence in Hong Kong, including the appointment of judges, security of tenure, security of pay, and system independence. How important are these four aspects in guaranteeing the judicial independence? Match the four aspects shown in Column A with the relevant excerpts of the Basic Law in Column B. | |||||||||||||||
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Situational Questions
Study the information of the following case and answer the questions.
Case study: A traffic accident
| When travelling along Tsing Yi North Bridge on Tsing Tsuen Road towards Tsing Yi, a man driving a motorcycle was suspected of losing control and ramming into the right side kerb. The police arrived at the scene to investigate. The man failed the screening breath test, being suspected of drink-driving, and was arrested in contravention of the Road Traffic Ordinance (Cap. 374). |
| 1. | What would be the respective roles of the executive authorities, the legislature and the judiciary of the HKSAR demonstrated in the above case? | ||||||||
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| 2. | Which government departments may be involved in traffic accidents? What are the functions / duties of these government departments? With reference to the above case and other sources of information, identify three government departments that may be involved and explain the functions / duties of these departments. | ||||||||
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| Part of the suggested answer to Questions 1 and 2 of the Advanced Questions in this self-learning on-line course are excerpts from Department of Justice (DOJ), The Government of the HKSAR (2020). Division of work and complementing each other. Retrieved from https://www.doj.gov.hk/en/community_engagement/sj_blog/20200905_blog1.html |
Extended Readings
- The Constitution of the PRC and the Basic Law of the HKSAR of the PRC. Retrieved from https://www.basiclaw.gov.hk/en/basiclawtext/index.html
- The Government of the HKSAR. (2019). Hong Kong: The Facts – Executive, Legislature and Judiciary. Retrieved from https://www.gov.hk/en/about/abouthk/factsheets/docs/executive.pdf
- Department of Justice (DOJ), The Government of the HKSAR. (2020). Division of work and complementing each other. Retrieved from https://www.doj.gov.hk/en/community_engagement/sj_blog/20200905_blog1.html
- Liberal Studies Section, Curriculum Development Institute, Education Bureau. (2017). “One Country, Two Systems”. In Liberal Studies Curriculum Resources Booklet Series: Hong Kong Today (p.20-23). Hong Kong: Liberal Studies Section, Curriculum Development Institute, Education Bureau.
1 The texts of the Constitution of the People’s Republic of China (PRC) and the Basic Law of the HKSAR of the PRC are available free of charge at any District Offices under the Home Affairs Department.