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【注释】
DengXiaoping, "One Country, Two Systems",in Selected Works of Deng Xiaoping,Vol. III, 1st ed., 1993 People''s Press, p. 58. This article was arecorded summary on the talk by Mr. Deng made to a visiting delegation of HongKong manufactory and commercial circle on June 22, 23, 1984. In this talk, itwas Deng who raised formally first the concept of One Country, Two Systems. Bythe way, this policy obviously fits for solving the problem concerning Macao.
he focused meaning of the Policy will be found in the Explanations on the Basic Law of the Hong Kong SpecialAdministrative Region of the People’s Republic of China (draft), theofficail document reported by Mr. Ji Pengfi, the Vice-Chairman of the NationalPeople’s Congress, to the 7th National People’s Congress (NPC) atits 3rd Session.
XiaoWeiyun, Courses on the Hong Kong BasicLaw, 1st ed., 1996, China Broadcasting and Television Press, pp.2~5.
SeeTextbook on Hong Kong, Ed. by theHong Kong''s Social and Cultural Department at the Office for the Affairs ofHong Kong and Macao, 1st ed., 1997, Central Party School Press, p.116.
Afterthe regress, the democracy of Hong Kong has developed. This can be explained asthe change of political system. See OneCountry, Two Systems and the Basic Legal Systems of Hong Kong, ed. by XiaoWeiyun, 1st ed., 1990 Peking University Press, Chapter 6.
Bythe Article 18(4), after the declarations of the state of emergency by theStanding Committee of the NPC, the Central Government may issue an order toapply the national laws in Hong Kong. This clause indicates the events asturmoil affecting national unity or security and being beyond the control ofthe Region government. Though the clause doesn’t sight clearly if the “turmoil”includes the event of attempt to overthrow the government under the Basic Law,it is by the context of the Basic Law and the Joint Declaration that that eventshall be included.
Inthe interim, China and British authority in Hong Kong had fought on matters ofthe new international airport of Hong Kong, the right of abode, Hong Kong Billof Rights, the electoral reform, and so on. See Song Xiaozhuang, Hong Kong Basic Law and the Conflicts at theLater Interim, 1st ed., 1998 Hong Kong Culture and EducationPress, Co.
"China Will Abide by Its Words",in Selected Works of Deng Xiaoping,Vol. III, pp. 102~103.
DengXiaoping, "The Address to thecommissars of the Draft Committee for the Basic Law of Hong Kong Special AdministrativeRegion", in Selected Works ofDeng Xiaoping, Vol. III, p. 215.
Itis as Deng put it, If there are some Hong Kong people scold the Communist Partyof China and China after 1997, it will be allowed. However, if the scold altersinto action and to change Hong Kong into a basis against the Mainland under thename of democracy, it will beyond the degree of our tolerations and willinterfere in to prevent it. See "TheAddress to the commissars of the Draft Committee for the Basic Law of Hong KongSpecial Administrative Region", in SelectedWorks of Deng Xiaoping, Vol. III, p. 221.
rnst Cassirer, An Essay on Man: AnIntroduction to a Philosophy of Human Culture; - Chinese version by GanYang, 1985 Shanghai Translation Press, p. 282.
ited from Li Yuelan, "ThreeGenerations of the Party Leaders Were Care for the Regress of Hong Kong",in Documents of the Party, 3rdVol., 1997.
Ibid.
Textbook on Hong Kong, pp. 23~24.
Ibid. p. 25.
Ibid. p. 24.
Ibid. p. 25.
See"State and Revolution", in Selected Works of Lenin, Vol. III.
neCountry, Two Systems and the Basic Legal Systems of Hong Kong, ed. by XiaoWeiyun, p. 2.
SeePeople''s Daily, October 1, 1981.
"Our Prior Standpoints on the Questionof Hong Kong", in Selected Worksof Deng Xiaoping, Vol. III.
ee The Important Documents on the matterof the Basic Law of the Hong Kong Special Administrative Region of the People’sRepublic of China, 1990 People’s Press, p. 16. Mr. Deng explained furtherthat the way of unification of Taiwan to the Mainland would be quite differentto the Hong Kong model, see “Assumptionon the peaceful unification between Mainland China and Taiwan”, in Selected Works of Deng Xiaoping, Vol.III, pp. 30~31.
Thedetailed drafting process was described in Explanationsto the Basic Law of the Hong Kong Special Administrative Region of the People''sRepublic of China and Other Related Documents, which was delivered by Mr.Ji Pengfei, the head of the Drafting Committee for the Law on the third sessionof the seventh NPC.
SeeXiao Weiyun, Courses on the Hong KongBasic Law, pp. 73~74.
Althoughthe experts in the Mainland do not accept the idea of little constitution, itis the common viewpoint of the Hong Kong society. As a senior lawyer of HongKong said that because of its uniqueness in content, specialty in nature, theBasic Law is not merely a national law passed by the NPC, but also the littleconstitution for Hong Kong, composing the basis of all Hong Kong laws. See fromthe Internet of Hong Kong Information Center, The Basic Law Linking to the Hong Kong Laws. See also "Is it correct to say that the BasicLaw is the little constitution of the Hong Kong Region?" in People''s Daily, June 16, 1997.
t is a strange political phenomenon that the interests of a local wererepresented not by the sovereign but by a foreign manager. This should bedeemed of course the logical outcome of the One Country, Two Systems Policy.However, it showed the true position of Britain at the time – thepseudo-sovereign in the course of negotiation.
XiaoWeiyun, One Country, Two Systems and theBasic Legal Systems of Hong Kong, p. 86.
Constitution of the People''s Republic ofChina, 1982 People''s Press, p. 72.
rticle 58, Article 62 Item 3, and Article 67 Item 2 and 3 of the Constitution.
ee Introduction to the Basic Law of theHong Kong Special Administrative Region, Wang Shuwen ed., 1997 CentralCommunist Party School Press; OneCountry, Two Systems and the Basic Legal Systems of Hong Kong, Xiao Weiyuned.
he restraint to the revising power of the Committee would be regarded as arevision to the arrangement of the Constitution. It is common in the Chineselegislative practices to revise a higher norm by a lower one if there is norepugnancy to the former. In this case, the Basic Law doesn’t vest any right orpower to the Committee, whereas limit the power of the Committee. And theCongress has the constitutional approach to limit the powers of its StandingCommittee. Therefore, this kind of revision to the Constitution shall not beregarded as unconstitutional.
SeeJoint Declaration on the Question of HongKong by the Government of the People''s Republic of China and the Government ofthe United Kingdom of Great Britain and North-Ireland, 1984 Beijing ForeignLanguages Press, pp. 3~5.
he traditional Chinese law and customs indicate the customary law as mentionedin Article 8 of the Basic Law. Their origins came from the laws of Qing Dynastyand local customs applied in the part of Hong Kong, New Territory, before 1841.They are the only legal norms of Qing Dynasty remained in Chinese legal system.See One Country, Two Systems and theBasic Legal Systems of Hong Kong, Xiao Weiyun ed., Chapter III.
YangJinghui, Yang Chunfeng, and Shi Hanrong, BriefExplanations to the Basic Law for Hong Kong, 1997 People''s Press, p. 12.
s Mr. Deng put it, the sovereignty of China to Hong Kong could not be put intothe course of negotiation. This is the bottom line of the Chinese Government tohandle with the questions of reunification. See Selected Works of Deng Xiaoping, Vol. III, p. 12.
SeeXiao Weiyun, Courses on the Hong KongBasic Law, pp. 86~88.
SeeJoint Declaration on the Question of HongKong by the Government of the People''s Republic of China and the Government ofthe United Kingdom of Great Britain and North-Ireland, pp. 7~19.
SeeExplanations to the Basic Law of the HongKong Special Administrative Region of the People''s Republic of China and OtherRelated Documents, in part of "Relations between the Executive and theLegislature".
ee Xiao Weiyun, Courses on the Hong KongBasic Law, p. 160.
ccording to Article 44 of the Hong Kong Basic Law, the Chief Executive willnot have or will give up the right of abode in any foreign country before hedeclares to take part in the election. Compared with this, the Basic Law forMacao adopted in1993 provides in its Article 49 that the Chief Executive ofMacao doesn’t allow to have right of abode in foreign countries just in histerm of office. That means the Macao Chief Executive could be free to haveright of abode before taking office, regardless of his national status inelections. See Xiao Weiyun, One Country,Two Systems and the Basic Law of the Macao Special Administrative Region,1993 Peking University Press, pp. 156~161.
he reason would be duplex. Neither the Chief Executive nor the executivebranch of the government relies on the confidence of the Lego. Therefore, thereis no division between the parties as government or opposition parties.Furthermore, the electoral provisions in the Basic Law restrain the shaping ofthe party system. See Cai Ziqiang, Perspectiveson the Electoral System of Hong Kong, 1998 Mingpao Print, Ltd., pp. 4~6.
One Country, Two Systems and the Basic LegalSystems of Hong Kong, p. 259.
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