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Archives
Cover Stories Series 2014> Democratic Development in Hong Kong> Archives
UPDATED: July 14, 2014 NO. 29 July 17, 2014
'One Country, Two Systems' and Many Nuances
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As for the criterion of patriotism, late Chinese leader Deng Xiaoping pointed out on many occasions in the 1980s that patriots refer to those who respect their own nation, sincerely support China's resumption of the exercise of sovereignty over Hong Kong, and refrain from hurting Hong Kong's prosperity and stability. This standard clearly shows that to be loyal to the motherland is not the opposite of loving Hong Kong, but that these ideas coexist very well. The team governing the area, then, must be largely composed of local people who love both China and Hong Kong. The Basic Law requires that the chief executive, principal officials, members of the Executive Council, president and over 80 percent of the members of the Legislative Council, chief justice of the Court of Final Appeals and chief judge of the High Court must be Chinese citizens who are permanent residents of Hong Kong with no residency in any foreign country. When assuming office, these officials must, in accordance with the law, swear to uphold the Basic Law and pledge allegiance to the HKSAR of the People's Republic of China. This is the legalization of the criterion of loyalty. As for the mainstay that administers Hong Kong, this is the prerequisite for them to fulfill duties. Being patriotic is both a political and legal requirement.

Some argue that to list judges and judicial staff among "those who administer Hong Kong" will harm judicial independence. Judicial right is a very important public power, which is also part of the political system of the HKSAR. Since the administrative power covers judicial right, why then can't judges and judicial staff in control of the power be included in Kong Hong's administrators?

Judicial independence means when dealing with specific cases, judges have the right to freely exercise jurisdiction in accordance with the law, not tethered by the interference of executive and legislative powers or other agencies. The Basic Law offers explicit legal guarantees for this. The court of the HKSAR conducts independent trials without interference. To list judges and judicial staff among "those who administer Hong Kong" will not affect the judicial independence of Hong Kong even a little, but instead, will strengthen judges' and legal staff's sense of responsibility in executing duties in accordance with the Basic Law.

Put another way, demanding that a judge be a patriot will not erode judicial independence in Hong Kong. Judges in any country or region are required to be loyal to their country, and they have the responsibility to maintain the country's sovereignty and security, with no exception to those in the HKSAR. Though it is stipulated in the Basic Law that judges and other judicial staff in the HKSAR may be employed from other regions with a common law system, when on the job, they must swear to uphold the Basic Law of the HKSAR. While dealing with legal cases, they have the obligation to safeguard China's unity and territorial integrity and Hong Kong's prosperity and stability. This does not conflict with judicial independence.

A consistent policy

The Chinese Government released a white paper, titled The Practice of the "One Country, Two Systems" Policy in the HKSAR, in June, providing a systematic explanation of the Central Government's principles and policies over Hong Kong. All the viewpoints mentioned there can be found in China's Constitution, the Basic Law of the HKSAR and the Central Government's Hong Kong policy documents. Some believe the white paper deviates from the basic principle and policy first put forward by the central leadership, while others worry that the Central Government will soon quell Hong Kong's high degree of autonomy. These concerns are groundless.

In the 1980s, when the central leadership first proposed the basic policy toward Hong Kong, some expressed doubt over its future stability. In response, Deng pointed out that the policy of "one country, two systems" was not based on fleeting impulse, but on Hong Kong's history and realities. As Deng also pointed out, the policy would remain unchanged in the following 50 years after its 1997 return to China. This solemn commitment was made not only to quash the fears of Hong Kong residents, but also to keep close ties between Hong Kong's prosperity and the development of the whole country. To keep the HKSAR successful and stable conforms to the whole country's interests. Later, this commitment was written into the Basic Law, explicitly stipulating in Chapter One: "The socialist system and policies shall not be practiced in the HKSAR, and the previous capitalist system and way of life shall remain unchanged for 50 years."

Since its Hong Kong's return to the motherland, the Central Government has stuck to the "one country, two systems" and "Hong Kong people administering Hong Kong" policies, and bestowed an ample autonomy on the area while strictly abiding by the Basic Law. China's successive central leaderships have made a series of elaborations on the "one country, two systems" policy consistent with Deng's explanation. Not only has Hong Kong managed to maintain its previous capitalist system and way of life and safeguard its status as an international finance, trade and shipping center, but it has also made new progress and achievements in its democratic system, economic growth, and various social causes.

Hong Kong will continue to play the role of a "window to the world" to attract foreign capital and talent in addition to advanced international technologies, managerial experience, and more. Thus far, the Central Government's practices have proven that China is fulfilling its commitment, staying true and consistent to its basic policy toward Hong Kong.

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