Citizenship, Economics and Society | Governance of the HKSAR

Welcome to Your Study Notes: Governance of the HKSAR!

Hello! Ever wondered who makes the big decisions in Hong Kong, how the government works, and what rules it has to follow? You've come to the right place! In this chapter, we'll explore the governance of the Hong Kong Special Administrative Region (HKSAR). Understanding this is super important because it affects our daily lives, from the schools we attend to the safety of our city. Don't worry if it seems tricky at first – we'll break it all down with simple explanations and cool examples. Let's get started!

Part 1: The Big Rulebook - The Constitution and the Basic Law

Imagine every country has a main rulebook. For our country, the People's Republic of China, that main rulebook is the Constitution. It's the most important law of all. Because Hong Kong is a special part of China, we have our own mini-rulebook, the Basic Law. Let's see how they work together.

The Parent Law and the Branch Law

This is the easiest way to remember their relationship!

• The Constitution is the "Parent Law": It's the fundamental law for the entire country, including Hong Kong. It has the highest legal power. Nothing can go against it.
• The Basic Law is the "Branch Law": It's a special law for the HKSAR that grew out of the "Parent Law" (the Constitution). It sets out how Hong Kong is governed under the principle of "One Country, Two Systems".

Think of it like this: Your school has overall school rules (the Constitution). Your specific class might have some extra rules that only apply to your classroom (the Basic Law), but your class rules can never break the main school rules.

"One Country, Two Systems" - The Foundation

You've probably heard this phrase a lot! It's the core idea of how Hong Kong is run.

"One Country" is the most important part. It means that HKSAR is an inseparable part of the People's Republic of China. This is the foundation, the starting point for everything else.

"Two Systems" means that within this one country, Hong Kong can practice its own system (like its economic and legal systems) which is different from the system in the Mainland. But this can only happen because we are part of the "One Country".

Who's in charge? Central Authorities and HKSAR's Autonomy

So, how is power shared? It's a team effort, guided by the Constitution and the Basic Law.

• Overall Jurisdiction of the Central Authorities: The central government in Beijing (the Central Authorities) has the overall power and responsibility for the HKSAR. This includes important things like defence and foreign affairs.
• High Degree of Autonomy for HKSAR: The Central Authorities, through the National People's Congress (NPC), have given the HKSAR the power to manage its own affairs. This is called a high degree of autonomy. It means Hong Kong can run its own executive, legislative, and judicial systems.

For example, the HKSAR Government can make its own policies on education and healthcare. But it can't create its own army – that's a responsibility of the Central Authorities.

Part 2: The HKSAR Government Team - Our Political Structure

Now let's zoom in on how the HKSAR government is structured. It's designed to be an executive-led system. What does that mean? Let's find out!

The Team Captain: The Chief Executive

The leader of the HKSAR is the Chief Executive (CE). The CE has a very special job with two key features:

1. Dual Role: The CE wears two hats!

• Hat 1: Head of the Hong Kong Special Administrative Region.
• Hat 2: Head of the Government of the HKSAR.

2. Dual Accountability: This means the CE is responsible to two parties.

• Accountable to: The Central People's Government.
• Accountable to: The Hong Kong Special Administrative Region.

The CE has important powers, like leading the government, signing laws (bills) that are passed, and deciding on major government policies.

The Three Branches of Government

The HKSAR government is made up of three main parts, or "branches". In an executive-led system, they work together, but the executive branch takes the lead.

1. The Executive Branch: This is the team that does things. It's led by the Chief Executive and includes the main government departments that propose policies and run the city. (e.g., creating the budget, managing hospitals).
2. The Legislative Branch: This is the Legislative Council (LegCo). Their job is to discuss and pass laws, approve the budget, and monitor the work of the government. They act as a check on the executive branch.
3. The Judicial Branch: These are the courts and judges. Their job is to interpret the laws and ensure justice is served. The judiciary is independent, meaning it makes decisions based only on the law, without interference from anyone.

These three branches check and balance each other while also cooperating to make sure the government runs smoothly, with the executive branch leading the way.

"Patriots Administering Hong Kong"

This is a very important principle for Hong Kong's governance. It means that the people who are in charge of running Hong Kong, including the Chief Executive and members of LegCo, must be patriots. A patriot is someone who respects our country, sincerely supports the country's sovereignty over Hong Kong, and doesn't harm Hong Kong's prosperity and stability. This principle is a key part of improving HKSAR's electoral system.

Part 3: Keeping Hong Kong Safe - The Duty to Protect National Security

Just like we protect our homes and families, a country must protect itself. This is called national security. It's not just about soldiers and borders; it's about making sure our society is stable, our economy is safe, and our way of life is protected.

A Shared Responsibility

Who is responsible for national security in Hong Kong?

• The Central People's Government has the main, or overarching responsibility for national security for the whole country, including HKSAR.
• The HKSAR has a constitutional duty to safeguard national security on its own. It's a legal obligation written in our rulebooks.

Ultimately, the idea is that "national security is our shared responsibility and everyone has a role to play". Every single resident has a part in keeping our city and country safe.

What is the "Holistic View of National Security"?

This means we need to look at national security from all angles. It's a "big picture" view. It includes many areas, such as:

• Political security: Protecting our country's governing system.
• Homeland security: Protecting our land and borders.
• Economic security: Protecting our financial system and economy.
• Cyber security: Protecting our information and networks from attack.
• ...and many other areas like culture, public health, and the environment!

The National Security Law (NSL)

To help the HKSAR fulfil its duty, a law was created: The Law of the People's Republic of China on Safeguarding National Security in the HKSAR, often just called the National Security Law.

Why was it created? To prevent and punish acts that seriously endanger national security, helping to restore stability and order in society.

What does it do? It focuses on four very serious types of offences:

1. Secession: Trying to split a part of the country away.
2. Subversion: Trying to overthrow the government or undermine its power.
3. Terrorist activities: Using violence or intimidation to create fear for political reasons.
4. Collusion with a foreign country or with external elements to endanger national security: Working with outside forces to harm the country.

Who enforces it? Specialised bodies within the HKSAR are responsible for enforcing this law. The Central People's Government also established an Office for Safeguarding National Security in the HKSAR to oversee and guide this important work.