ONE COUNTRY TWO SYSTEMS

Constitutional Law: One country two systems

Constitutional Law: One country two systems

Introduction

Nine years have passed since Hong Kong was handed over to China by Britain on July 1, 1997 and became a Special Administrative Region (SAR) under Chinese sovereignty. According to the Basic Law, Hong Kong's mini-constitution, the SAR is to be governed under the principle of “one country, two systems.” Under this arrangement, the socialist system and policies of mainland China will not be practiced in Hong Kong, and Hong Kong's pre-handover capitalist system and way of life are to remain unchanged for fifty years. The Basic Law also promises a high degree of autonomy to the SAR and a gradual and orderly progress toward full democracy. However, despite these promises, the anti-communist mentality of Hong Kong people and their long-held mistrust of Beijing naturally meant that, initially, they lacked confidence in Beijing's policy of “one country, two systems.” In addition, the last days of the run-up to the handover were clouded by a struggle between the Chinese and British governments over the future political arrangements for Hong Kong. Seeking to protect their interests, Hong Kong people were also drawn into the struggle. As a result, on the eve of the handover in 1997, there was a great deal of skepticism locally and in the international community over Beijing's commitment to the “one country, two systems” arrangement.

Before Hong Kong came back to China, it was ruled by the British form 1842-1997. After its return a Special Administrative Region or SAR was formed in China, which was called “One country, two systems” principle was formed for Hong Kong. This constitutional principle system was formulated by Deng Xiaoping, the supreme leader of PRC (People's Republic of China). According to him, China was not to be divided, but will have distinct regions such as Taiwan, Hong Kong, and Macau. He also stated that these regions were allowed to keep their capitalist political and economic system, whereas China will follow socialist system.

Under this new constitution principle the three new regions were allowed to have their respective financial, legal and economic affairs, political systems, and foreign affairs. However, Taiwan was given the permission to uphold its own military force.

One Country two systems, a political concept

This constitutional framework was not formulated overnight; it was viewed as political thought and a principle. Before this constitution was implied on Hong Kong, it was first presented as a solution to the problems that existed in Taiwan. The paramount leader Deng Xiaoping was successful in convincing the industrial and commercial delegation of Hong Kong and other prominent figures including the foreign British secretary Sir Geoffrey Howe to adopt this new principle as the ruling policy in Hong Kong. As a result, the drafting of the basic law o HKSR took place in 1985.

The basic law is considered to be dual natured. The judges and the scholars consider this law as both a domestic law as well as, the constitution of ...