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Opinion | The international community needs a full and accurate understanding of the Basic Law
- The exercise of Chinese state power in Hong Kong is fully legal and should not be distorted to mean interference
- Any action, whether local or foreign, based on a misunderstanding of the Basic Law risks crossing Beijing’s red line. No attempt to endanger national sovereignty will be tolerated
Reading Time:5 minutes
Why you can trust SCMP
“One country, two systems” is a pioneering initiative with no historical precedent and a major contribution China has made to the world. The Basic Law of the Hong Kong Special Administrative Region has codified the policy into law with concrete provisions. On the occasion of the 30th anniversary of the promulgation of the Basic Law, it is important to review the essence of the instrument, both to stay true to its original aspirations and to find the right way forward.
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First, it is important to grasp the relationship between the Constitution of the People’s Republic of China and the Basic Law of the Hong Kong Special Administrative Region.
The constitution of China, as the fundamental law of the state, has the supreme legal status and authority. It represents the legal origin of the system of special administrative region, and of the Basic Law of the Hong Kong special administrative region. To be specific, the Hong Kong special administrative region was established according to Article 31 of the 1982 constitution, which states that, “The state may establish special administrative regions when necessary”.
The preamble of the Basic Law also makes it clear that, in accordance with China’s constitution, the National People’s Congress enacts Hong Kong’s Basic Law, “prescribing the systems to be practised” in Hong Kong “to ensure the implementation of the basic policies of the People’s Republic of China regarding Hong Kong”.
Therefore, the constitution is the parent law, to which the Basic Law is subordinate. Hong Kong has the obligation to respect and abide by China’s constitution.
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