LCQ1: The Central Authorities exercising overall jurisdiction over the Hong Kong Special Administrative Region
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Following is a question by the Hon James To and a reply by the Secretary for Constitutional and Mainland Affairs, Mr Patrick Nip, in the Legislative Council today (November 15):
Question:
Article 2 of the Basic Law stipulates that the National People's Congress authorizes the Hong Kong Special Administrative Region (HKSAR) to exercise a high degree of autonomy in accordance with the provisions of the Basic Law. In the White Paper on "The Practice of the 'One Country, Two Systems' Policy in the Hong Kong Special Administrative Region" it published in June 2014, the State Council pointed out that "the central government exercises overall jurisdiction over the HKSAR". In October this year, the President of the State stated in his report delivered at the 19th National Congress of the Communist Party of China that "[we] must organically combine the upholding of the Central Authorities' overall jurisdiction over the Hong Kong and Macao special administrative regions with the safeguarding of a high degree of autonomy of these special administrative regions, so as to ensure that the principle of 'one country, two systems' remains unchanged and unshaken, and that the practice of the 'one country, two systems' policy remains intact and undistorted". On the other hand, it has been reported that the Liaison Office of the Central People's Government in the Hong Kong Special Administrative Region (LOCPG) has recently invited Hong Kong's secondary school principals and teachers to discuss the curriculum of the subject of Chinese History at the junior secondary level in Hong Kong. In this connection, will the Government inform this Council:
(1) given that not until 2014 did the Central Authorities first mention their exercising overall jurisdiction over the HKSAR, whether the Government has sought to understand from the Central Authorities the differences between sovereignty and overall jurisdiction; whether it has assessed if the Central Authorities' mentioning this on more than one occasion has shrunk the room for the high degree of autonomy enjoyed by the HKSAR in accordance with the Basic Law; if so, of the assessment outcome;
(2) whether it has sought explanations from the Central Authorities on the scope of their exercising overall jurisdiction over the HKSAR, as well as the specific measures that the Central Authorities have put in place to organically combine the upholding of the Central Authorities' overall jurisdiction over the HKSAR with the safeguarding of the HKSAR's high degree of autonomy; if so, of the details; if not, whether it will seek the explanations expeditiously; and
(3) whether it has sought to understand from LOCPG if its invitation extended to secondary school principals and teachers for a discussion on the curriculum of the subject of Chinese History at the junior secondary level in Hong Kong is a move to manifest the Central Authorities' exercising overall jurisdiction over the HKSAR; whether it has assessed if such a move has undermined the high degree of autonomy of the HKSAR; if so, of the assessment outcome; if not, the reasons for that?
Reply:
Mr President,
Our consolidated reply to Hon James To's question is as follows:
Article 31 of the Constitution of the People's Republic of China (Constitution) provides that "[t]he 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 specific conditions". Article 62 of the Constitution prescribes the functions and powers that may be exercised by the NPC, including, as provided by sub-paragraph (13), "to decide on the establishment of special administrative regions and the systems to be instituted there".
In accordance with the Constitution, the NPC has enacted the Basic Law of the Hong Kong Special Administrative Region (HKSAR) of the People's Republic of China (Basic Law), prescribing the systems to be practised in the HKSAR, in order to ensure the implementation of the basic policies of the People's Republic of China regarding Hong Kong, namely, "one country, two systems", "Hong Kong people administering Hong Kong" and a high degree of autonomy.
The relationship between the Central Authorities and the HKSAR has been expressly stated in the Basic Law. Article 1 of the Basic Law states that "[t]he Hong Kong Special Administrative Region is an inalienable part of the People's Republic of China". According to the explanations by the Chairman of the Drafting Committee for the Basic Law, Mr Ji Pengfei, on the Basic Law (Draft) and its related documents at the Third Session of the Seventh NPC, "Article 12 of the Basic Law stipulates, 'The Hong Kong Special Administrative Region shall be a local administrative region of the People's Republic of China, which shall enjoy a high degree of autonomy and come directly under the Central People's Government'. This stipulation defines the legal status of the Hong Kong Special Administrative Region and constitutes the basis for specifying the Region's limits of power and its relationship with the Central Authorities".
The relationship between sovereignty and overall jurisdiction was mentioned in the speech by the Chairman of the Standing Committee of the NPC, Mr Zhang Dejiang, at the "Seminar Commemorating the 20th Anniversary of Implementing the Basic Law of Hong Kong Special Administrative Region" on May 27 this year. The Chairman pointed out, "[o]ur country's resumption of the exercise of sovereignty over Hong Kong is the resumption of the exercise of complete sovereignty, including the power to govern. The Central Authorities exercise overall jurisdiction over the HKSAR. On this basis, the Basic Law stipulates how the Central Authorities exercise sovereignty over the HKSAR, namely, some powers being directly exercised by institutions of the Central Authorities, and some being granted by the NPC to the HKSAR to exercise in accordance with the Basic Law. This is what is commonly known as a high degree of autonomy".
Chapter II of the Basic Law provides for the "relationship between the Central Authorities and the Hong Kong Special Administrative Region", including the powers exercised by or the affairs which are the responsibility of the Central Authorities as prescribed in the Basic Law. For example, the Central People's Government is responsible for the defence and foreign affairs of the HKSAR, and the Chief Executive and other principal officials are appointed by the Central People's Government, etc. On the other hand, Article 2 of the Basic Law stipulates that "[t]he National People's Congress authorizes the Hong Kong Special Administrative Region 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". Article 20 of the Basic Law provides that "[t]he Hong Kong Special Administrative Region may enjoy other powers granted to it by the National People's Congress, the Standing Committee of the National People's Congress or the Central People's Government". The concrete details of the implementation of a high degree of autonomy in accordance with law by the HKSAR Government have been reflected in the provisions of the Basic Law.
On education policies, the Education Bureau of the HKSAR Government has all along formulated education policies taking into account the actual circumstances in Hong Kong and in compliance with the stipulations of the Basic Law.
The Liaison Office of the Central People's Government in the Hong Kong Special Administrative Region (CPGLO) is an office set up by the Central Government in the HKSAR. Its main functions include promoting economic, educational, scientific and technological, cultural and athletic exchanges and co-operation between Hong Kong and the Mainland; and liaising with various sectors of the community in Hong Kong to enhance exchanges between the Mainland and Hong Kong. Therefore, it is normal for the CPGLO to liaise and communicate with various sectors of the community in Hong Kong, having regard to its operational needs.
Since the establishment of the HKSAR, the HKSAR Government and the offices set up by the Central Government in the HKSAR have been acting in strict accordance with the basic policies of "one country, two systems", "Hong Kong people administering Hong Kong" and a high degree of autonomy, as well as complying with the provisions of the Basic Law in performing their respective duties. It was also mentioned in the report delivered by President Xi Jinping at the 19th National Congress that "[we] must ensure both the central government's overall jurisdiction over the Hong Kong and Macao special administrative regions and a high degree of autonomy in the two regions. We should ensure that the principle of 'one country, two systems' remains unchanged, is unwaveringly upheld, and in practice is not bent or distorted". The President also pointed out that "to maintain long-term prosperity and stability in Hong Kong, it is imperative to fully and faithfully implement the policies of 'one country, two systems', 'Hong Kong people administering Hong Kong', and a high degree of autonomy, to act in strict compliance with the Constitution and the Basic Law, and to improve the systems and mechanisms for enforcing the Basic Law". The implementation of the Basic Law for 20 years since our return to the Motherland has demonstrated in full that the Basic Law is capable of providing a solid institutional protection for the HKSAR in implementing "one country, two systems" and in maintaining the prosperity and stability of Hong Kong.
Thank you Mr President.
Ends/Wednesday, November 15, 2017
Issued at HKT 12:30
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