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On July 1, 1997, the People's Republic of China (PRC) resumed its exercise of sovereignty over Hong Kong, ending more than 150 years of British colonial control. Hong Kong is a Special Administrative Region (SAR) of the PRC with a high degree of autonomy in all matters except foreign and defense affairs. According to the Sino-British Joint Declaration (1984) and the Basic Law - Hong Kong's mini-constitution - for 50 years after reversion Hong Kong will retain its political, economic, and judicial systems and unique way of life and continue to participate in international agreements and organizations under the name, "Hong Kong, China".
Political Information
Region name
conventional long form: Hong Kong Special Administrative Region
conventional short form: Hong Kong
Long form: 中華人民共和國香港特別行政區
Short form (in pinyin): 香港
abbreviation: HK
Data code
HK
(Websites: .hk )
(Phone code: 852 )
Dependency status
Special administrative region of People's Republic of China
Government type
Economically very liberal, politically limited democracy. Head of government (the Chief Executive of Hong Kong SAR) is not elected through universal suffrage.
National holiday
National Day, 1 October; note - 1 July 1997 is celebrated as Hong Kong Special Administrative Region Establishment Day
Constitution:
The Basic Law: Approved in March 1990 by China's National People's Congress.
Legal system
Generally based on the English common law system, although it has started to develop in its own manner.
The current legal system will stay in force till at least 2047.
Suffrage
Direct election 18 years of age; universal for permanent residents living in the territory of Hong Kong for the past seven years; indirect election limited to about 100,000 members of functional constituencies and an 800-member election committee drawn from broad regional groupings, municipal organizations, and central government bodies.
chief of state: President of the People's Republic of China Hu Jintao (since March 2003)
head of government: Chief Executive of Hong Kong Tung Chee-hwa (since July 1, 1997)
cabinet: The Executive Council consists of 14 ex-officio members and 5 non-official members; ex-officio members include:
Tung assumed office of the Chief Executive formally on July 1, 1997, following his election by the 400-member Election Committee which was in turn generated by the Preparatory Committee of the HKSAR. The process had been so designed such that Chief Executive candidates must be acceptable to the PRC Government. Tung was reelected uncontested to his second term in 2002 by the Election Committee which has been expanded to 800 members. The mechanism of electing the Chief Executive on or after 2007 is currently under consultation by the Government.
In 2002, Tung has changed the system of Government such that the posts of top officials are no longer civil servant posts. Instead, such posts are to be held by political appointees, and supported by career civil servants. The new system is dubbed the "accountability system" of principal officials. Under the new system, principal officials are chosen by the Chief Executive and would need to shoulder political responsibilities for their policies and decisions. They can now be more focused on political efforts such as bargaining with Legislative Council members. The system was also supposed to strengthen Tung's hold on the running of the government.
Overall the Civil Service maintains its quality and neutrality, operating without discernible direction from Beijing.
Unicameral Legislative Council (LegCo) (As at 2004-2008: 60 seats; 30 returned by functional constituencies (indirect election), 30 returned by geographical constituencies (direct election); members serve four-year terms).
The geographical constituencies are elected based on the proportional representation system instead of the first past the post system. The functional constituencies are returned using two systems: 4 special functional constituencies (Heung Yee Kuk, Agricultural and Fisheries, Insurance, and Transport) elect their representatives using a complex preferential elimination system, while the other 26 ordinary functional constituencies use the first past the post system.
Under the initial design, the last Legislative Council of Hong Kong under British rule was to be elected according to the Basic Law and would have become the first Legislative Council of the HKSAR. Chris Patten, the last British Governor of Hong Kong, had extended the electorate of functional constituencies to cover virtually all employees in Hong Kong. The PRC government strongly criticized such an arrangement as breaching diplomatic agreements between China and the UK, and had set up a provisional Legislative Council to take over the role of legislature on July 1, 1997.
Elections: The first Legislative Council elections were held in May 1998, the second in September 2000, and the third in September 2004. The number of seats returned by geographical constituencies is 30, and the number of seats returned by functional constituencies is also 30. The method of selecting legislative council seats after 2007 has yet to be determined.
The elections were praised by pro-Government camp as free, open, and widely contested, but were criticized by the pro-democracy camp as unfair and not democratic enough, as some can cast more than one vote (in both geographical and functional constituencies). In both elections, pro-Beijing wins the majority of indirectly elected positions while pro-democracy and the independents occupy most directly elected seats.
See: Hong Kong Legislative Council elections, 2004
According to the Article 68 and Annex II of the Basic Law, the passage of bills and motions introduced by the government requires a simple majority vote of Legislative Council members present, while bills and motions introduced by Legislative Council members require simple majority vote of each of the two groups of members present: those returned by functional constituencies, and those returned by geographical constituencies / Election Committee. As a result, a bill from the government is much easier to pass than a bill from members. This arrangement reflects the "executive-led" philosophy underlying the Basic Law, but was considered by some as weakening the role of the legislature in overseeing the government.
The Court of Final Appeal in the Hong Kong Special Administrative Region.
Major political issues in recent years
Right of Abode
Main article: Right of abode issue, Hong Kong
On January 29, 1999, the Court of Final Appeal, the highest judicial authority in Hong Kong interpreted several Articles of the Basic Law, in such a way that the Government estimated would allow 1.6 million Mainland China immigrants to enter Hong Kong within ten years. This caused widespread concerns among the public on the social and economical consequences.
While some in the legal sector advocated that the National People's Congress (NPC) should be asked to amend the part of the Basic Law to redress the problem, the HKSAR Government decided to seek an interpretation to, rather than an amendment of, the relevant Basic Law provisions from the Standing Committee of the National People's Congress (NPCSC). The NPCSC issued an interpretation in favour of the Government in June 1999. While the full powers of NPCSC to interpret the Basic Law is provided for in the Basic Law itself, some critics argues this undermines judicial independence.
Basic Law Article 23
Main article: Hong Kong Basic Law Article 23
In 2003, the HKSAR Government proposed to implement Article 23 of the Basic Law by legislating against acts such as treason, subversion, secession and sedition. However, there are concerns that the legislation might infringe on human rights. Some are also worried that the legislation might introduce the mainland's concept of national security into the HKSAR via the proposed power of proscribing organisations that endanger the security of the state. General dissatisfaction with the Tung administration led to the July 1st protests in 2003.
After the mass protest, the Liberal Party, whose support is essential for the passage of the legislation schedule for July 9 2003, called for a delay in passing the legislation. On July 6, Tung Chee Hwa announced that the second reading of the proposed legislation was to be postponed after James Tien of the Liberal Party resigned from the Executive Council and would have his party members vote for a postponement.
Universal suffrage
Towards the end of 2003, the focus of political controversy shifted to the dispute of how subsequent Chief Executive gets elected. The Basic Law's Article 45 stipulates that the eventual goal is universal suffrage; when and how to achieve that goal, however, remains open but controversial. Under the Basic Law, the earliest the constitution could be amended to allow for this is 2007. Arguments over this issue seemed to be responsible for a series of Mainland Chinese newspapers commentaries in February 2004 which stated that power over Hong Kong was only fit for "patriots."
The interpretation of the NPCSC to Annex I and II of the Basic Law, promulgated on April 6 2004, made it clear that the PRC Government has veto power over proposals on the electoral system under Basic Law. On April 26, 2004, the Standing Committee of National People's Congress has denied the possibility of universal suffrage in 2007 (for Chief Executive) and 2008 (for Legislative Council).
The NPCSC interpretation and decision were regarded as obstacles to the democratic development of Hong Kong by the democratic camp, and were criticized for lack of consultation with Hong Kong residents. On the other hand, the pro-government camp considered them to be in compliance with the legislative intent of the Basic Law and in line with the One country, two systems principle, and hoped that this would put an end to the controversies on development of political structure in Hong Kong.
The July 1st Protests
The first July 1st protest took place in 2003 after the SARS outbreak also in response to the Article 23 incident and general dissatisfaction with the Hong Kong government. Fearing of the loss of freedom of speech and other freedoms, as well as a general dissatisfaction against the Government, prompted a mass protest of hundreds of thousands of people on July 1, 2003. The planners originally wanted all four football courts in Victoria Park, but two of the courts were booked for a pro-Beijing festival and fair. The organizers originally predicted only 20,000 demonstrators would participate. The actual number ranged from 350,000 (as quoted by the police) to 700,000 (as quoted by protesters) and even 1,000,000 (quoted from a pro-Falun Gong agency), but the generally accepted figure is 500,000, which is just less than one tenth of the population. Their route stretched from Victoria Park football field through Causeway and Central to the Government's Central offices. Nonetheless, the large numbers meant that people were still starting the march as late as 10PM.
In dissatisfaction of the NPC's interpretation on Basic Law that universal suffrage is impossible for Chief Executive and Legislative Council elections in 2007 and 2008 respectively, and in fear of the loss of freedom of speech fueled by the heated patriotic debate and abrupt pause of popular radio programmes allegedly suppressed by Beijing authorities, another similar protest march occurred on the same day in 2004. The again peaceful march took the same route from last year from Victoria Park through Hennessy road and by Admiralty and Central MTR stations, and ended at the Government's Central Offices. The numbers were estimated to be 530,000 by organisers, whilst the police gave the numbers to be circa-200,000. The probable lower numbers were attributed to the fact that it was the hottest July 1 ever recorded, at 34 degrees Celsius. Another suggested reason is that a large number of people stayed up late until the early morning to watch the Euro 2004 match between Portugal and Holland. There is a noticeable fall in the general anger of the crowds when compared to the 2003 march, as attributed to the fact that the Hong Kong economy is showing signs of recovery and the dissolution of Article 23.
However there was much criticism as to the slogan for this year's protest by some Beijing bureaucrats and the pro-Beijing alliances. The phrase "Return power to the people" was particularly inflammatory because it implies that power was taken away from the people which they never really had. Some pro-democracy political leaders, like Lau Chin-shek, had considered changing the phrase, but many criticized this move even more as this was seen as a way of satisfying Beijing, and the original organizers keep the phrase all the way through. The planners instructed the protesters to wear white, as a sign of democracy. Furthermore, unlike the previous year, the protest march started as soon as the football field venues were 80% full, causing the protest to start half hour earlier. Learning from the previous year, planning was much more smooth this year, allowing more of the road to be open as well as starting earlier. Most of the protesters had finished their march by 7PM, ending earlier than the previous year.
British nationality
Hong Kong residents who was born in Hong Kong in the colonial era (about 3.5 million) could acquire the British Dependent Territories citizenship. To allow them to retain the status of British national while preventing a possible flood of immigrants from Hong Kong, the United Kingdom created a new nationality status, British National (Overseas) (BN(O)) that Hong Kong British Dependent Territories citizens could apply for. Holders of the BN(O) passports, however, have no right of abode in the UK.
After reunification, all Chinese citizens with the right of abode in Hong Kong and holding Hong Kong permanent identity cards are eligible to apply for the HKSAR passport issued by the Hong Kong Immigration Department. As the number of visa-free destinations of the HKSAR passport surprassed the BN(O) passport and the application fee for the former is lower, the HKSAR passport is becoming more popular among residents of Hong Kong.
See also: British nationality law
Main article: List of political parties in Hong Kong
The largest three political parties are:
Others include:
Political pressure groups and leaders
- Article 45 Concern Group
- Chinese General Chamber of Commerce
- Chinese Manufacturers' Association of Hong Kong
- Hong Kong Confederation of Trade Unions (Lau Chin-shek, President; Lee Cheuk-yan, General Secretary)
- Federation of Hong Kong Industries
- Hong Kong Federation of Trade Unions (Cheng Yiu-tong, President)
- Hong Kong Alliance in Support of the Patriotic Democratic Movement in China (Szeto Wah, Chairman)
- Hong Kong and Kowloon Trade Union Council
- Hong Kong General Chamber of Commerce
- Hong Kong Professional Teachers' Union (Cheung Man-kwong, President)
- Liberal Democratic Federation (Hu Fa-kuang, Chairman)
See also
External Links
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