sosc179let1 - SOSC 179 Hong Kong Government and Politics...

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1 SOSC 179 Hong Kong Government and Politics Lecture 1 The Basic Law as Mini-Constitution (A) The Constitutional Status z Basic Law as the mini - constitution of Hong Kong A constitution is a document that lays out the most fundamental laws under which the political system operates. By stipulating the rights of citizens, powers of public authorities, the constitution places limits on the exercise of government power. z The superior constitutional status of the Basic Law over other laws of Hong Kong is laid down in Art. 11 of the Basic Law: “ 香港特別行政區的制度和政 策,包括社會、經濟制度,有關保障居民的基本權利和自由的制度,行政管 理、立法和司法方面的制度,以及有關政策,均以本法的規定為依據。香港 特別行政區立法機關制定的任何法律,均不得與本法有抵觸。 (B) The Legal Basis of the Basic Law z The Joint Declaration -- Part 3-- Basic policies of the Chinese government towards HK, and Annex 1 Elaboration by the Government of the PRC of its Basic Policies Regarding HK z Article 31 of the Chinese Constitution -- 國家在必要時得設立特別行政區。在 特別行政區內實行的制度按照具體情況由全國人民代表大會以法律規定。 z The 7 th National People's Congress (NPC) ( 全國人民代表大會 ) passed the Basic Law on 1990/4/4. The Basic Law has the same legal status as any law passed by the NPC in China. (C) Major Contents and Controversies (1) Basic Principles (Chapter 1) z Hong Kong is an inalienable part of China (Art. 1) z Hong Kong people ruling Hong Kong: the executive power, legislative power, and judiciary power (including the power of final adjudication) rests in the SAR. (Art.2 & 3) z One country, two systems; the socialist system will not be practiced in Hong Kong. The original capitalist system and lifestyle is to remain unchanged for 50 years. (Art.5) z Protection to private property, rights and freedom. (Art.4 & 6) z Continuation of the original judicial system and the system of laws.
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This note was uploaded on 09/16/2010 for the course SOSC SOSC198 taught by Professor Michelle during the Spring '09 term at HKUST.

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sosc179let1 - SOSC 179 Hong Kong Government and Politics...

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