Presentation on theme: "Chapter 1 : ‘One Country, two systems’ and sovereignty."— Presentation transcript:
Chapter 1 : ‘One Country, two systems’ and sovereignty
Unequal Treaty : Treaty of Nanjing (1842) Hong Kong became a British colony
One country, two systems : socialist system is practised in the mainland and capitalist system is practised in Hong Kong, Macau and Taiwan.
Sino-British Joint Declaration (1984) : Chinese government would resume the exercise of sovereignty over Hong Kong with effect from July 1, 1997
Article 31 of Constitution of the PRC (People’s Republic of China) : It is an important legal basis for the establishment of HKSAR and the enactment of the Basic Law.
HKSAR is under the authority of CPG (Central People’s Government)
Basic Law was enacted by the NPC (National People’s Congress) Power of Interpretation of the Basic Law belongs to Standing Committee of the NPC.
The power to propose bills for amendments belongs to : 1. Standing Committee of NPC 2. State Council 3. HKSAR -Consent of 2/3 of the deputies of the HKSAR to the NPC -Consent of 2/3 of all members of the Legislative Council -Consent of the Chief Executive
The Chief Executive and principal officials of the executive authorities are appointed by the Central People Government (CPG) The CPG is responsible for the defence of the HKSAR. It stations military force (People’s Liberation Army) in the HKSAR CPG sets up Office of the Commissioner of the Ministry of Foreign Affairs of the PRC in the HKSAR to deal with foreign affairs.
National Law listed in Annex III to the Basic Law are applied in the HKSAR.
Chapter 2 : A High Degree of Autonomy in the HKSAR
The HKSAR adopts capitalist system and way of life shall remain unchanged for 50 years.
Executive Power of HKSAR 1. It can formulate policies. 2. It has independent finances and taxation system.
Legislative Power of HKSAR - HKSAR has the power to enact, amend and repeal laws.
Judicial Power of HKSAR - HKSAR exercises independent judicial power. - The judiciary is free from any interference from the executive and legislative branches. - The power of final adjudication belongs to the Court of Final Appeal.
Rights and Freedoms - Equality before the law - Right of private ownership - Freedom of person - Freedom of speech, of press and of publication - Freedom of assembly, of procession and of demonstration - Freedom of communication - Freedom of migration - Freedom of religious beliefs
All permanent residents have the right to vote and the right to stand for election.
HK people can enjoy universal suffrage in the election of Chief Executive in 2017 and the election of Legislative Council in 2020.
Basic Law - is a national law - is a constitutional document of the HKSAR
Functions of Government 1. Keep Order The government keeps order in society by enacting laws so that people can carry out social and economic activities and contribute to society in a fair and stable environment. 2. Promote Prosperity The government provides infrastructure and social services. It carries out policies which are good for economic and social development.
Chief Executive -is the head of the executive authority. - can sign bills and budgets - decide on government policies. - nominate to the CPG for the appointment of principal officials. - appoint or remove judges - conduct external affairs - handle petitions and complaints.
Executive Council - the members are appointed by the Chief Executive. - Members include principal officials, members of Legislative Council and public figure. - It assists the Chief Executive in policy making.
Structure of Government Chief Executive -Chief Secretary for Administration -Financial Secretary -Secretary for Justice
Directors of Bureaux -They formulate, explain and promote policies -They are accountable for the success or failure of their policies -The Chief Executive can terminate their contracts if they have committed serious mistakes or have serious problems concerning personal integrity.
Chapter 4 Basic Law and the HKSAR Government (II)
Legislative Council - It has 70 members (a) Geographical Constituencies through direct election (35 members) Hong Kong Island (7 seats) Kowloon West (5 seats) Kowloon East (5 seats) New Territories West (9 seats) New Territories East (9 seats)
(b) Functional Constituencies election (35 members) Examples : Insurance, Transport, Education, Accountancy, Health Services, Labour, Finance, etc.
Powers and Functions - Enact, amend and repeal laws - Approve budgets - Receive and debate the policy addresses of the Chief Executive - Raise questions on the work of the government - Debate any issue concerning public interests - Receive and handle complaints from residents
The Judiciary of the HKSAR - The judiciary of the HKSAR is composed of the courts at all levels.
Power and Functions - Interpret the laws Perform judicial work : hear criminal and civil cases - Courts are free from the interference of any person or organization.
Independence of the Judiciary Courts are free from the interference of any organization or person.
District Council - There are 18 District Councils - There are three types of members 1. Elected members 2. Appointed members 3. Ex-officio members (Chairman of the Rural Committees)
Functions : - Advise the government on matters affecting the well-being of residents within the districts. - Undertake environmental improvement - Hold recreational, cultural and community activities.
District Management Committee Composition : - A District Officer as the Chairman - Representatives of government departments and of District Council Functions: - Coordinate the provision of public services and facilities to ensure the district needs are met promptly
Chapter 5 : Channels of Communication and Election
Purpose of communication : Communication can foster understanding between the people and the government.
Advantage of communication: - The government can formulate policies that better fulfill social expectations and needs by pooling ideas. - Policies based on public opinion can gain public recognition. - The public can monitor the government work and accountability of the government can be enhanced
Right and Duty of Residents - We can enjoy freedom of speech - We should abide by the law and not interfere with others’ right and public interest.
Formal Channels of Communication 1. Release information - Information Services Department : It is responsible for the governments’ publishing and advertising work. It is also maintain the Government Information Centre, the government’s Internet homepage.
- Home Affairs Department : It is responsible for the provision of information on government policies and services.