Opinion | Understanding how China’s constitution relates to Hong Kong’s Basic Law is key to accurately grasping ‘one country, two systems’
- Without the constitution, the Basic Law and the HKSAR would not have existed. It has also provided the basis for the implementation of ‘one country, two systems’, thus playing a key role in maintaining our long-term prosperity and stability
It has been over 23 years since Hong Kong returned to Chinese sovereignty. Yet very few people in Hong Kong, let alone the international community, are aware of and understand the relationship between the Constitution of the People’s Republic of China and the Basic Law of the Hong Kong Special Administrative Region (HKSAR), as well as the constitution’s importance for Hong Kong.
The time is long overdue for us to grasp this key issue so that we can correctly understand the relationship between our country and Hong Kong as well as the inherent importance of “one country” vis-à-vis “two systems”.
The constitution is the fundamental law of the state and sets out the general guidelines for administering state affairs. It enjoys supreme legal status and has the highest legal authority and legal effect. It establishes the basic principles of the country’s legal system and expressly provides for the policy of law-based governance.
The constitution has also facilitated the country’s reform, opening up and modernisation, promoted the development of the rule of law and steered our country’s rapid development to become the world’s second-largest economy in the 21st century.
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What is the Basic Law of Hong Kong?
The constitution provides legislative backing for the Basic Law. It is the root and origin of the Basic Law, without which the Basic Law and the HKSAR would not have existed. The constitution has also provided the legal protection and constitutional basis for the implementation of “one country, two systems” in the HKSAR, thus playing a key and fundamental role in maintaining our long-term prosperity and stability.
