Welcome to "One Country, Two Systems"!
Hey everyone! Get ready to dive into one of the most important topics for understanding modern Hong Kong: “one country, two systems”. Don't worry if it sounds complicated at first! We're going to break it down into simple, easy-to-understand parts. By the end of these notes, you'll have a clear idea of what this principle means, where it came from, and how it works in our daily lives. This is super important because it shapes our government, our laws, and our society.
1. Where It All Began: The Hong Kong Question
To understand the present, we need to look at the past. Hong Kong's story didn't start in 1997; it goes way back!
A Trip Back in Time: The Unequal Treaties
First things first: Hong Kong has been part of China's territory since ancient times. So, how did the British come into the picture? It started with a series of treaties in the 19th century that China signed after losing the Opium Wars. These are often called the “unequal treaties” because they were not negotiated on equal terms.
Here’s a quick breakdown:
Treaty of Nanking (1842): Ceded Hong Kong Island to Britain.
Convention of Peking (1860): Ceded the Kowloon Peninsula (south of Boundary Street) and Stonecutters Island to Britain.
Convention for the Extension of Hong Kong Territory (1898): Leased the New Territories (including 235 islands) to Britain for 99 years, until 1997.
The Road to 1997: Hong Kong's Return to China
As the 1997 deadline for the New Territories lease approached, Britain and China had to talk about Hong Kong's future. The process was a big deal, and here are the key steps:
The Negotiations: In the early 1980s, China and the UK started talks. China's position was very clear: it would definitely resume the exercise of sovereignty over all of Hong Kong in 1997. This was non-negotiable.
The Creative Solution: To maintain Hong Kong's stability and prosperity, China put forward the groundbreaking concept of “one country, two systems”.
The Agreement: In 1984, the two countries signed the Sino-British Joint Declaration. This was an official agreement that China would resume sovereignty over Hong Kong on 1 July 1997 and that Hong Kong’s capitalist system and way of life would remain unchanged for 50 years.
Creating the Rulebook: China then began drafting the Basic Law of the HKSAR. This document would become Hong Kong's "mini-constitution" after 1997, putting the promises of the Joint Declaration into law.
The Handover: On 1 July 1997, China officially resumed the exercise of sovereignty over Hong Kong, and the Hong Kong Special Administrative Region (HKSAR) was established.
Key Takeaway for Section 1
Hong Kong's return to China was a historic process that resolved a question left over from the 19th century. The principle of "one country, two systems" was proposed as the solution to ensure a smooth transition and maintain Hong Kong's unique status.
2. The Core Idea: What is "One Country, Two Systems"?
This is the central concept! Think of it like a big family living in one house, but one of the rooms has its own special rules.
Analogy: One Family, Two Lifestyles
Imagine a big family (the “One Country” - China) living together. One member of the family (Hong Kong) is allowed to keep their own unique lifestyle and rules (the “Two Systems”) even though they are fully part of the family. They follow the main family values (sovereignty), but they manage their own room (a high degree of autonomy).
Let's break it down officially:
“One Country”: This is the most important part. It means that the HKSAR is an inalienable part of the People's Republic of China. The central government in Beijing holds the ultimate sovereignty and jurisdiction over Hong Kong. This is the foundation.
“Two Systems”: This means that while the main part of the country practises a socialist system, Hong Kong maintains its previous capitalist system and way of life. This includes its economic system, legal system, and the rights and freedoms of its residents.
The Legal Foundation: The Constitution and the Basic Law
So, what makes this all legal and official? Two key documents:
1. The Constitution of the People's Republic of China: This is the highest law of the country. It provides the legal authority for establishing Special Administrative Regions like Hong Kong.
2. The Basic Law of the HKSAR: This is Hong Kong's constitutional document. It was enacted by China's top legislature, the National People's Congress (NPC), in accordance with the Constitution. The Basic Law sets out the specific systems practised in the HKSAR and grants it a high degree of autonomy.
Quick Review Box
One Country = The PRC has sovereignty over Hong Kong.
Two Systems = Hong Kong keeps its capitalist system and lifestyle.
Legal Basis = The PRC Constitution is the parent law, and the Basic Law is the specific law for the HKSAR.
The Result = The HKSAR enjoys a high degree of autonomy.
3. How Hong Kong is Governed: The Political Structure
The Basic Law also outlines how the HKSAR government should be structured. Hong Kong has an executive-led system, headed by the Chief Executive.
The Three Branches of Government
Under the executive-led system, there are three branches of government. The syllabus says they perform their own functions and complement each other. This means they work together to ensure the smooth running of Hong Kong.
The Executive: This is the HKSAR Government, led by the Chief Executive. Its main job is to formulate and implement policies, introduce bills to the legislature, and manage public services. (Think of it as the driver of the car).
The Legislature: This is the Legislative Council (LegCo). Its main job is to enact, amend, or repeal laws, examine and approve budgets, and monitor the work of the executive authorities. (Think of it as the map-checker and rule-maker for the journey).
The Judiciary: This refers to the courts at all levels. Its main job is to exercise judicial power independently, interpret laws, and conduct trials. (Think of it as the independent referee who ensures everyone follows the rules).
Did you know?
The Chief Executive of the HKSAR has a dual responsibility. He or she is accountable to both the Central People's Government and the Hong Kong Special Administrative Region.
Key Takeaway for Section 3
Hong Kong is governed by an executive-led system. The three branches—Executive, Legislature, and Judiciary—have distinct roles but work in coordination with one another to govern the HKSAR as outlined in the Basic Law.
4. Your Rights, Duties, and the Rule of Law
"One country, two systems" isn't just about politics and economics; it's also about our daily lives, our rights, and our responsibilities.
Fundamental Rights and Duties of Residents
The Basic Law guarantees a wide range of rights and freedoms for Hong Kong residents. These include:
Freedom of speech, of the press, and of publication;
Freedom of association, of assembly, of procession, and of demonstration;
The right to vote and the right to stand for election.
But rights always come with responsibilities! The most fundamental duty for all residents is to abide by the laws in force in the HKSAR.
The Cornerstone: The Rule of Law
The rule of law is a fundamental principle that is vital to Hong Kong's success. It means that everyone, including the government, is subject to the law. No one is above it. Here are its key features:
Law-abidingness: Everyone has a duty to obey the law.
Equality before the law: The law is applied equally to every person, regardless of their status or power.
Judicial Independence: The courts and judges are independent and make decisions based only on facts and the law, free from any interference.
Fair and open trial: Everyone is entitled to a fair hearing if they are accused of a crime.
Common Mistake to Avoid!
A common mistake is thinking that rights like "freedom of speech" are absolute. In reality, all rights are exercised within the boundaries of the law. For example, you can't use your freedom of speech to slander someone or to endanger national security. Rights and responsibilities go hand-in-hand.
5. Safeguarding National Security
A key part of the "one country" principle is the responsibility to protect the nation's security.
Why is National Security Important?
National security is about protecting a country's sovereignty, unity, territorial integrity, and overall stability. Just like you lock the door to your home to keep it safe, a country needs laws to protect itself. The syllabus points out that safeguarding sovereignty is the cornerstone of our country's long-term security and social stability. It's also important to remember that almost every country in the world has its own national security laws.
The National Security Law (NSL) in Hong Kong
In 2020, the Law of the PRC on Safeguarding National Security in the HKSAR was enacted. According to the syllabus, its key purposes are:
To safeguard the security of both the country and Hong Kong.
To ensure the steady and long-term implementation of "one country, two systems".
To stabilise the social order in Hong Kong.
Striking a Balance: Security, Rule of Law, and Human Rights
This is a crucial concept. The syllabus explains that safeguarding national security and respecting human rights are not mutually exclusive. The NSL aims to strike a balance.
The law states that the rights and freedoms enjoyed by residents under the Basic Law will continue to be protected.
However, these rights are not absolute and must not be used to endanger national security.
The law also emphasizes that the principle of the rule of law must be upheld when enforcing the NSL.
Ultimately, all Hong Kong residents have a duty to abide by the law and safeguard national security.
Key Takeaway for Section 5
Safeguarding national security is a fundamental responsibility under "one country". The National Security Law aims to protect the country and Hong Kong, ensuring the stability needed for "one country, two systems" to thrive, while also upholding the rule of law and protecting rights in accordance with the law.
Final Summary
Great job getting through all that! As you can see, "one country, two systems" is a multi-layered principle with deep historical roots and a clear legal framework. It's the foundation of Hong Kong's unique position in our country and the world.
Keep reviewing these notes, and try to connect these ideas to what you see and hear around you. Understanding these concepts is the key to being an informed citizen of Hong Kong!