High degree of autonomy

The source of power

The only source of the Hong Kong SAR, Macau SAR High Autonomy, the constitutional status of the Hong Kong SAR and Macau SAR is ultimately established by the Chinese Constitution.

According to the Joint Declaration of the People's Republic of China on Government and the Government of Hong Kong, the Government of Hong Kong, "and the Joint Statement of the Government of the People's Republic of China and the Government of Macao," Hong Kong Special Administrative Region, Macao Special Administrative Region directly under the Central People's Government of the People's Republic of China. In addition to diplomatic and defense, the Hong Kong Special Administrative Region, the Macao Special Administrative Region enjoys a high degree of autonomy. Hong Kong Special Administrative Region, Macao Special Administrative Region enjoys administrative rights, legislative power, independent judicial power and final right. The current law basically does not change.

According to the Basic Law of the People's Republic of China and the Basic Law of the People's Republic of China, the National People's Congress authorizes the Hong Kong Special Administrative Region and the Macao Special Administrative Region to implement high autonomy and enjoy administrative rights. , Legislative power, independent judicial power and final right.

In addition, Article 5 of the Anti-Split National Law also pointed out that after the national peace is reunited, Taiwan can implement a system that is different from the mainland, high autonomous.

In June 2014, the "" One Country "in the Press Office of the State Council" "One Country" in the Practice of the Hong Kong Special Administrative Region "The issue of this issue was first interpreted for the first time:" The central government has all the places including the Hong Kong Special Administrative Region. The administrative region has comprehensive governance. The high autonomy of the Hong Kong Special Administrative Region is not inherent, and the only source is the central authority. "The power division of the central and Hong Kong Special Administrative Region is the relationship between authorization and authorization. From the time of the resumption of the sovereignty of Hong Kong, the Chinese government has to have comprehensive governance rights to Hong Kong; the high autonomy of the Hong Kong Special Administrative Region is from the central government.

Basic Features

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height is extent. my country's local autonomy is divided into three levels: the first kind is a small authority of autonomy in the ordinary administrative region including the provincial and municipalities; the second is to solve the national regional autonomy generated by the domestic ethnic issues, In order to realize the power of the ethnic minority, manage the internal local affairs of the nation, the autonomy in the national regional autonomous region is high than the general administrative region; the third is the highly autonomous rights of the Special Administrative Region, in order to solve the historical legacy, maintenance The country's unity, the special administrative district implements the original capitalist system and the lifestyle of 50 years unchanged, enjoy administrative rights, legislative power, independent judicial power and final right. Therefore, the autonomy of the Hong Kong Special Administrative Region is not a low level of autonomy, but is higher than the local autonomy than the general single country, which is higher than the autonomous region of my country's national autonomous region, even more permissions than federal members. autonomy.

High autonomy can not be equivalent to complete autonomous autonomous

to note that "high autonomy" is not infinite autonomy, cannot be equated with "complete autonomous", "Height" and "complete" are two different concepts. Full autonomy means that all affairs, including national defense, diplomacy can be decided independently and are not subject to national jurisdiction. "The autonomy can not be unlimited. There is no limit to 'complete'. 'Complete autonomous' is 'two China', not a China." Implementation of high autonomous is based on the intention of the special administrative region to exercise sovereignty for the special administrative district, implement High autonomy is based on maintaining national unity. The correct relationship between "One Country" and "Two System" should be in the premise of "one country", allowing some regions to implement different systems, "a country" is the premise, leaving "a country", just talk about it "Two systems". In order to safeguard national sovereignty, for Hong Kong's long-term prosperity and stability, relevant national defense, diplomatic power must be reserved by the central government.

Taking Hong Kong as an example

Basic General Subcommittee: "Hong Kong Special Administrative Region is the inseparable part of the People's Republic of China." Article 2 stipulates: "National People's Representative The General Assembly authorized the Hong Kong Special Administrative Region to implement high autonomy in accordance with the provisions of this Law, enjoys administrative rights, legislative power, independent judicial power and final right. Article 12 stipulates: "Hong Kong Special Administrative Region is a high degree of autonomy in the People's Republic of China. Local administrative region of the right, directly under the Central People's Government. "These provisions clarified the legal status of the Hong Kong Special Administrative Region, indicating that the Hong Kong Special Administrative Region is under the complete sovereignty of the country. The central government awarded how much the Hong Kong Special Administrative Region, how much is the right administrative region, not clear, according to the provisions of Article 20 of the Basic Law, the central government can also grant, there is no so-called "remaining power" problem.

After the establishment of the Hong Kong Special Administrative Region, the original capitalist system and the constant way were maintained, and the law basically unchanged. The Special Administrative Region protects private property rights according to law, maintains the status of Freedom and separate tariffs, maintains financial independence, and implement independent tax systems, and formulates economic and trade, finance and textbook policies, and so on. According to the Hong Kong Basic Law and the Standing Committee of the National People's Congress on dealing with the original laws of Hong Kong, the original law, the general law, the general law, the regulations, the subsequent legislation and customary law, in addition to the basic law of Hong Kong or by the Hong Kong Special Administrative Region legislature Before making a modifier, it will be retained. On this basis, the Hong Kong Special Administrative Region shall implement high autonomy in accordance with the law, fully exercise administrative power, legislative power, independent judicial power and final right.

The Chief Executive of the Hong Kong Special Administrative Region is the head of the Special Administrative Region, which represents the Hong Kong Special Administrative Region, which is the responsibility of the Central People's Government and the Hong Kong Special Administrative Region. The Chief Executive is still the head of the Special Administrative Region Government, performing the leadership Special Administrative Region Government awarded by the Basic Law, responsible for the implementation of basic law and other functions. The Chief Executive must implement the Directive of the Central People's Government on the relevant matters of the Hong Kong Basic Law when exercising The Special Administrative Region Government is composed of Hong Kong's permanent residents in accordance with the relevant provisions of the Basic Law, and the Administration, the Financial Secretary, the Department of Justice, and the Office, the Department, and the Executive Policy provisions the provisions of the Economic Development and implementation policies, and management of various administrative matters. The administrative rights enjoyed by the Special Administrative Region are extremely wide, covering economic, education, scientific, cultural, sports, religion, social services, social security, entry management and other fields. In addition, according to the authorization of the central government, the Special Administrative Region also has a certain right to foreign affairs.

The Legislative Council of the Hong Kong Special Administrative Region is the legislature of the Special Administrative Region, which is elected and implemented according to the basic law, including the provisions of the basic law and formulates, revisit, and abolish the law in accordance with the legal procedures; according to the government's proposal, review, Through the financial budget; ratify taxation and public spending. The legislative powers enjoyed by the Special Administrative Region are also extremely extensive. They can apply for laws in the special administrative regions in accordance with basic laws, computing civil, criminal, commercial and procedures. The laws develop by the Legislative Council of the Special Administrative Region must report to the Standing Committee of the National People's Congress. After consultation with the Basic Committee of the Hong Kong, the Standing Committee of the National People's Congress, if any of the legislatives established by the Special Administrative Region legislature does not meet the terms of the Basic Law on the relationship between the central management, the relevant law will be sent back, but not amended. The law sent back by the Standing Committee of the National People's Congress immediately invalid.

The court at all levels of the Hong Kong Special Administrative Region is the judiciary of the Special Administrative Region, and the right to trial independently according to law. After the establishment of the Special Administrative Region, set up the final right of the Final Appeal to exercise the final right of the Special Administrative Region. The judicial system implemented in Hong Kong, except for the establishment of the final review court, will be reserved. Originally implemented in Hong Kong and related judicial principles and systems, including independent trial principles, follow the principles of the precedent, and the principles of jury. The Special Administrative Region Court has no jurisdiction against national defense, diplomatic, in addition to continuing to maintain the restrictions of the legal system and principles of Hong Kong, have trial rights to all cases of the special administrative region. When the Special Administrative Region Court trial cases, you can refer to the judicial judgment of other common law applications, and the final judicial court can invite judges in other common methods to participate in the trial as needed.