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Nation
20 Years' Implementation of the Basic Law
The Basic Law ensures stability and prosperity in Hong Kong
 NO. 24 JUNE 15, 2017

A symposium commemorating the 20th anniversary of implementing the Basic Law of Hong Kong Special Administrative Region is held in Beijing on May 27 (XINHUA)

A symposium was held in Beijing on May 27 to celebrate the 20th anniversary of the implementation of the Basic Law of Hong Kong Special Administrative Region (HKSAR). Government officials as well as relevant experts and scholars attended the event, expressing their views on the implementation of the Basic Law of HKSAR. The following are excerpts of their talks.

Tam Yiu Chung, former member of the Basic Law Drafting Committee

In the past 20 years since it took effect on July 1, 1997, the day China resumed the exercise of sovereignty over Hong Kong, the implementation of the Basic Law has turned out to be successful. HKSAR, in accordance with the law, is vested with executive, legislative and independent judicial power, including that of final adjudication, which fully guarantees local residents' rights and freedom. Carrying on with its existing capitalist social system and way of living, Hong Kong maintains its status as an international metropolis and financial center.

Based on the principle of "one country, two systems," the Basic Law has successfully maintained China's national unity and territorial integrity, and has also given full heed to special conditions in Hong Kong and its residents' interests. The law has greatly promoted prosperity and stability in Hong Kong. The implementation of the Basic Law proves that, the principle of "one country, two systems" is not only feasible, but is also the best system design for Hong Kong.

"One country, two systems" will be practiced for long, so problems will inevitably crop up in the process of implementation. However, we can extract experience of overcoming difficulties and ironing out differences from the drafting process of the Basic Law. In the face of demands and concerns in various aspects, the disputes encountered by the drafting panel 20 years ago were no less than the problems we face today. However, the drafting process fully displayed tolerance and the spirit of settling issues through negotiations.

Song Zhe, Vice Minister of Hong Kong and Macao Affairs Office of the State Council

The successful practice of "one country, two systems" in Hong Kong fully reveals that the Basic Law is the legal guarantee for the principle and for Hong Kong's long-term prosperity and stability. In order to ensure the successful practice of "one country, two systems," we must have an accurate understanding of the law and strictly implement the law.

The fundamental tenet of "one country, two systems" is to maintain national sovereignty and security and development interests, and to ensure the long-term prosperity and stability of Hong Kong. The Basic Law legalizes the principle of "one country, two systems." "One country" is the precondition and foundation for "two systems." HKSAR is an inseparable part of China, an administrative region enjoying a high degree of autonomy under the direct jurisdiction of the Central Government. The Central Government has comprehensive jurisdiction over Hong Kong. The high degree of autonomy is granted by the National People's Congress to Hong Kong. It is under the supervision of the Central Government.

To ensure Hong Kong's long period of peace and stability, we must strictly implement the Basic Law.

The Basic Law has reflected the common will of the Chinese people, including Hong Kong compatriots. It possesses constitutional status in HKSAR. Hong Kong's systems and policies are all based on the Basic Law. No laws set up by the local legislative institution are allowed to run counter to the Basic Law. All the administrative, legislative and judicial activities have to conform to the Basic Law. Every individual and organization has to see the Basic Law as a guideline for their activities.

To ensure Hong Kong's prosperity and development, we must make full use of the system benefits granted by the Basic Law. Under the framework of the Basic Law, Hong Kong is able to benefit from both "one country" and "two systems." On one hand, the powerful strength of the nation provides strong backing for Hong Kong to successfully cope with various difficulties and challenges. On the other hand, the high degree of autonomy makes it possible for Hong Kong to play a special role in the country's reform, opening up and modernization efforts.

Despite headwinds like the Asian financial crisis, the SARS epidemic and the global financial crisis, Hong Kong has managed to maintain social and economic stability, provide a good business environment and show strong competitiveness. We have every reason to believe that by Hong Kong making good use of its unique system, its future will be better and better.

Han Dayuan, Professor from the Law School of Renmin University of China

The Basic Law has not only helped to maintain stability and prosperity in Hong Kong, but also demonstrated China's experience in legal development to the rest of the world.

The constitutionality of the Basic Law further legalizes national identification. The drafting committee, under the principle of seeking truth from facts and seeking common ground while reserving differences, tried to settle disputes in the spirit of safeguarding national sovereignty.

The national identification of the Constitution ensures the principle of "one country, two systems." The Constitution confirms this principle and allows the peaceful coexistence of different social systems. Hong Kong residents and Chinese mainland residents are both citizens of the People's Republic of China. In line with the loyalty obligation stipulated in the Constitution, they must first acknowledge "one country" and establish national consciousness.

Correct understanding of the "one country, two systems" principle and the Basic Law must be based on a correct sense of nationhood. To maintain the unified nature of a country, the constitutional system must be first defended. In terms of "one country, two systems," the precondition is "one country," namely, national sovereignty and national identification. We must develop a correct understanding of the country, and safeguard its dignity.

The 20 years' implementation of the Basic Law tells us that safeguarding its authority lays a foundation for its successful practice. In the process of implementing the Basic Law, the Central Government can also exert the influence of the Constitution when necessary and at the proper time.

In the final analysis, the national identification based on the Constitution is the basis for the successful practice of the Basic Law. Whether we can reach a high degree of consensus on national identification will directly affect the implementation of the Basic Law. We must have a deep understanding of and stick to the principle that the Constitution and the Basic Law jointly compose the basis of Hong Kong's constitutionalism. The Constitution and the Basic Law must be strictly followed. Education on the Constitution and the sense of "one country" must be strengthened, so that the Constitution will become a strong guarantee for Hong Kong's stability, prosperity and sustainable development.

Ma Xingrui, Governor of Guangdong Province

The Basic Law is a national law formulated by the National People's Congress in accordance with the Constitution and guided by the principle of "one country, two systems." While serving as a strong guarantee for Hong Kong's long-term stability and prosperity, the Basic Law has also greatly promoted the cooperation between Guangdong and Hong Kong, adding to the welfare shared by people in both places.

To deepen the cooperation between Guangdong and Hong Kong is an important measure by the Central Government to support Hong Kong's lasting stability and prosperity, and also an important mission entrusted to Guangdong. In the past two decades, the Provincial

Government of Guangdong has always worked hard to put into practice policies from the Central Government—the Closer Economic Partnership Arrangement and the Framework Agreement on

Hong Kong/Guangdong Cooperation—and to push forward the liberalization of service trade between Guangdong and Hong Kong.

Looking back over the past 20 years, Guangdong and Hong Kong have achieved a lot in cooperation systems and mechanisms, livelihood projects, construction of cross-border basic infrastructure, and the exchange of trade, science and education talent. Meanwhile, construction of the two sides' cooperation platform is also making great headway.

Facts prove that the decision of "one country, two systems," under which Hong Kong people administer Hong Kong with a high degree of autonomy, is totally right. The implementation of the Basic Law is effective.

Copyedited by Chris Surtees

Comments to yanwei@bjreview.com

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