PIA 2104
Hong Kong Governance
Lecture 3:
The Policy of
the People’s Republic of China
on Hong Kong
16 September 2024
Key Questions:
• What are the basic policies of the PRC on Hong Kong?
• What are the key features of Hong Kong’s constitutional
framework as established by the PRC Constitution and
the Basic Law?
• What are the evolving features of the implementation of
“One Country, Two Systems” in Hong Kong?
• What is the role/value of Hong Kong in the eyes of the
Central People’s Government?
The basic policies of the PRC regarding Hong Kong
as declared by the Chinese Government in the Joint Declaration
• The PRC will establish a Hong Kong Special Administrative Region (HKSAR)
upon resuming the exercise of sovereignty over Hong Kong.
• The HKSAR will be directly under the authority of the Central People's
Government (CPG), and will enjoy a high degree of autonomy, except in
foreign and defence affairs which are the responsibilities of the CPG.
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• The HKSAR will be vested with executive, legislative and independent
judicial power, including that of final adjudication. The laws currently in force
in Hong Kong will remain basically unchanged.
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• The Government of the HKSAR will be composed of local inhabitants.
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ay
The basic policies of the PRC regarding Hong Kong
as declared by the Chinese Government in the Joint Declaration
(Continued)
• The chief executive of the HKSAR will be appointed by the CPG on the basis
of the results of elections or consultations to be held locally. Principal officials
will be nominated by the chief executive for appointment by the CPG.
• The current social and economic systems in Hong Kong will remain
unchanged, and so will the life-style.
• The maintenance of public order in the HKSAR will be the responsibility of
the HKSAR Government.
• The PRC’s basic policies regarding Hong Kong will be stipulated in a Basic
Law of the HKSAR and will remain unchanged for 50 years.
The basic policies of the PRC regarding Hong Kong
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The Constitution of the PRC
Article 1 The People’s Republic of China is a socialist state governed by a
people’s democratic dictatorship that is led by the working class and based on an
alliance of workers and peasants.
The socialist system is the fundamental system of the People’s Republic of
China. Leadership by the Communist Party of China is the defining feature of
socialism with Chinese characteristics. It is prohibited for any organization or
individual to damage the socialist system.
Article 31 The state may establish special administrative regions when
necessary. The systems instituted in special administrative regions shall, in light
of specific circumstances, be prescribed by laws enacted by the National
People’s Congress.
Features of the Constitutional Framework of the HKSAR
as stipulated in the Basic Law
• The executive authorities and legislature of the HKSAR shall be composed
of permanent residents of Hong Kong in accordance with the relevant
provisions of this Law. (Art. 3) ok a
b
• The socialist system and policies shall not be practised in the HKSAR, and
the previous capitalist system and way of life shall remain unchanged for 50
years. (Art. 5) ME S
• The systems and policies practised in the HKSAR, including the system for
safeguarding the rights and freedoms of its residents, shall be based on the
provisions of this Law. (Art. 11)
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• The HKSAR shall be a local administrative region of the PRC, which shall
enjoy a high degree of autonomy and come directly under the CPG. (Art. 12)
Features of the Constitutional Framework of the HKSAR
as stipulated in the Basic Law
• The CPG shall be responsible for the foreign affairs relating to the HKSAR
and for the defence of the HKSAR. (Art. 13, Art. 14)
• The HKSAR shall be vested with executive power. It shall, on its own,
conduct the administrative affairs of the Region in accordance with the
relevant provisions of this Law. (Art. 16) nitingerite
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• No department of the CPG and no province, autonomous region, or
local
municipality directly under the Central Government may interfere or inany
the governmen
affairs which the HKSAR administers on its own in accordance with this Law.
(Art. 22)
Features of the Constitutional Framework of the HKSAR
as stipulated in the Basic Law
• The HKSAR shall be vested with legislative power. (Art. 17)
• No law enacted by the legislature of the HKSAR shall contravene this Law. If
the Standing Committee of the NPC considers that any law enacted by the
legislature of the HKSAR is not in conformity with the provisions of this Law
regarding affairs within the responsibility of the Central Authorities or
regarding the relationship between the Central Authorities and the Region,
the Standing Committee may return the law, which shall immediately be
invalidated. (Art. 11, Art. 17)
• No National laws shall not be applied in the HKSAR except for those listed in
Annex III to this Law. (Art. 18)
Features of the Constitutional Framework of the HKSAR
as stipulated in the Basic Law
The Chief Executive
• The Chief Executive of the HKSAR shall be the head of the HKSAR and shall represent
the Region. He or she shall be accountable to the CPG and the HKSAR. (Art. 43)
• The Chief Executive shall lead the government of the HKSAR. (Art. 48)
• The Chief Executive of the HKSAR shall be selected by election or through
consultations held locally and be appointed by the CPG. The method for selecting the
Chief Executive is prescribed in Annex I, and shall progress, in a gradual and orderly
way, towards the ultimate aim of selection by universal suffrage upon nomination by a
nominating committee. . (Art. 45) usedtobeelectedbya selectedgroup committee
of I popular
election
• The term of office of the Chief Executive shall be five years. He or she may serve for
not more than two consecutive terms. (Art. 46)
香港特別 政區 政長官在當地通過選舉或協商產 由中央 政府任命
政長官的產 辦法根據香港特別 政區的實際情況和循序漸進的原則 規定 最終達 由 個有廣泛代表性的提名委
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Features of the Constitutional Framework of the HKSAR
as stipulated in the Basic Law
The Executive Council
• The Executive Council of the HKSAR shall be an organ for assisting the Chief
Executive in policy- making. (Art. 54)
• Members of the Executive Council shall be appointed by the Chief Executive from
among the principal officials of the executive authorities, members of the Legislative
Council and public figures. (Art. 55)
• Except for the appointment, removal and disciplining of officials and the adoption of
measures in emergencies, the Chief Executive shall consult the Executive Council
before making important policy decisions, introducing bills to the Legislative Council,
making subordinate legislation, or dissolving the Legislative Council. (Art. 56)
• If the Chief Executive does not accept a majority opinion of the Executive Council, he
or she shall put the specific reasons on record. (Art. 56)
Features of the Constitutional Framework of the HKSAR
as stipulated in the Basic Law
The Executive Authorities
• The Government of the HKSAR shall formulate and implement policies;. (Art. 62)
• The Government of the HKSAR shall draft and introduce bills, motions and subordinate
legislation and designate officials to sit in on the meetings of the Legislative Council
and to speak on behalf of the government. (Art. 62)
• The Government shall be accountable to the Legislative Council: it shall implement
laws passed by the Council and already in force; it shall present regular policy
addresses to the Council; it shall answer questions raised by members of the Council;
and it shall obtain approval from the Council for taxation and public expenditure. (Art.
64)
• The previous system of establishing advisory bodies by the executive authorities shall
be maintained. (Art. 65)
Features of the Constitutional Framework of the HKSAR
as stipulated in the Basic Law
Bills 4T
The Legislative Council
• The Legislative Council shall be constituted by election. The method for forming the
Council is prescribed in Annex II, and shall progress in a gradual and orderly way
towards the ultimate aim of electing all the members of the Council by universal
suffrage. (Art. 68)
• The Legislative Council shall enact, amend or repeal laws; examine and approve
budgets introduced by the government; receive and debate the policy addresses of the
Chief Executive. (Art. 73)
• Bills which do not relate to public expenditure or political structure or the operation of
the government may be introduced by members of the Council. The written consent of
the Chief Executive shall be required before bills relating to government policies are
I
introduced. (Art. 74)
• A member of the Council shall no longer be qualified for the office when he or she
becomes a public servant. (Art. 79) 香港特別 政區立法會議員根據本法規定並依照法定程序提出法律草案 凡
不涉及公共開 或政治體制或政府運作者 可由立法會議員個別或聯名提
出 凡涉及政府政策者 在提出前必須得到 政長官的書 同意
Features of the Constitutional Framework of the HKSAR
as stipulated in the Basic Law
The Judiciary
• The HKSAR shall be vested with independent judicial power, including that of final
adjudication. (Art. 19)
• The judicial system previously practised in Hong Kong shall be maintained except for
those changes consequent upon the establishment of the Court of Final Appeal of the
HKSAR. (Art. 81) 2 ITBE
• The Court of Final Appeal may as required invite judges from other common law
jurisdictions to sit on it. (Art. 82)
• ith't shall be chosen on the basis of their judicial and professional qualities and may
Judges
be recruited from other common law jurisdictions. (Art. 92)
Features of the Constitutional Framework of the HKSAR
as stipulated in the Basic Law
Method for the Selection of the Chief Executive (Annex I)
The Chief Executive shall be elected by an Election Committee composed as follows (2nd to
5th terms):
2nd & 3rd 4th & 5th
Terms Terms*
Total number of Members 800 1200
Industrial, commercial and financial sectors 200 300
The professions 200 300
Labour, social services, religious and other sectors 200 300
Members of the Legislative Council, representatives of district-based 200 300
organizations, Hong Kong deputies to the NPC, and representatives of
Hong Kong members of the National Committee of the CPPCC
*As amended in 2010
Features of the Constitutional Framework of the HKSAR
as stipulated in the Basic Law
Method for the Formation of the Legislative Council (Annex II)
The composition of the Legislative Council shall be as follows (2nd to 6th terms):
2nd 3rd & 4th 5th & 6th
TTermT Terms Terms*
Total number of Members 60 60 70
Members returned by the Election Committee 6 0 0
Members returned by functional constituencies 30 30 35
Members returned by geographical constituencies through direct 24 30 35
elections
*As amended in 2010
General beliefs in Beijing and Hong Kong
when the Basic Law was drafted (1985 — 1990)
• The system of government running in
Hong Kong is very effective and efficient.
• (Western) Democracy is the best form of
government.
• The majority of Hong Kong people are
patriotic.
Implementation of
“One Country, Two Systems”
in the Hong Kong SAR
Development of
relations between
the Central Authorities and
the HKSAR
— an interactive process
For the first time in history, we,
the people of Hong Kong, will be
master of our own destiny.
— Tung Chee-hwa: Inaugural Speech, 1 July 1997
Year Events
HKSAR established
Tung Chee-hwa became first CE
1997 15th National Congress of the CPC
HK’s economy hit by Asian financial crisis
Bird flu crisis
1998 First Legco election
Right of abode dispute
1999 Ng Ka Ling Case; NPCSC interpreted BL 24
2000 Second Legco election
Tung Chee-hwa began second term as CE
2002 Accountability System of Principal Officials introduced
16th National Congress of the CPC
As a special administrative region of the People's Republic of
China, Hong Kong will exercise a high degree of autonomy and
enjoy executive, legislative and independent judicial power,
including that of final adjudication, in accordance with the
provisions of the Basic Law. …… No central department or local
government (in other parts of China) may or will be allowed to
interfere in the affairs which, under the Basic Law, should be
administered by the Hong Kong Special Administrative Region on
its own.
— Jiang Zemin: Speech at the Ceremony for
the Establishment of HKSAR, 1 July 1997
A gradually improved democratic system suited to Hong
Kong's reality is an important guarantee for its social and
political stability. Hong Kong will, in accordance with the
Basic Law, develop democracy gradually with the ultimate
aim of electing the chief executive and the Legislative
Council by universal suffrage.
— Jiang Zemin: Speech at the Ceremony for
the Establishment of HKSAR, 1 July 1997
Facts prove that “one country, two systems” is a correct
policy and has strong vitality. We will resolutely implement
this policy and act in strict accordance with the basic laws of
Hong Kong and Macao special administrative regions. We
will render full support to the chief executives and
governments of the two regions in their work and unite with
people from all walks of life there in a joint effort to maintain
and promote the prosperity, stability and development of
Hong Kong and Macao.
— Jiang Zemin: Report at the 16th national congress
of the CPC, November 2002
CHALLENGES QUICKLY CAME
BUT RELATIONS SEEMED TO BE MENDED
WITH A CHANGE OF
THE CHIEF EXECUTIVE
Year Events
促使立法禁 任何有損中華 共和國國家主權、領 完整、
SARS 統 及國家安全的 為。[1]內容主要包括禁 叛國、分裂國
CEPA & Individual Visit Scheme introduced 家、煽動叛亂和顛覆中央政府等 為。
2003 Massive demonstration thwarted 41Kgovernment attempt at Article 23 legislation
Central Coordination Group for HK & Macao Affairs formed in Beijing
NPCSC Decision on BL Annexes I & II
2004 Third Legco election
Resignation of Tung Chee-hwa; Donald Tsang became CE
2005 Full Legco visit to Guangdong, led by CE
First electoral reform package defeated in Legco
CE election: Donald Tsang defeated Alan Leong and began his second term
10th Anniversary of HKSAR
2007 President Hu Jintao called for national education in HKSAR
NPCSC Decision on timetable for universal suffrage in HK
17th National Congress of the CPC
The First Electoral Reform Plan, 2004-2005
2004-4-6 NPCSC interpreted BL Annexes I & II, laying out the procedures
for amending the methods for electing the CE and Legco
2004-4-15 CE sought NPCSC consent to initiate electoral reform
2004-4-26 NPCSC decision: universal suffrage not to be adopted in the
2007 and 2008 elections; gradual and orderly progress allowed
2005-10-19 HKSARG presented proposals for the methods for selecting the
CE in 2007 and for forming the Legco in 2008
2005-12-21 Legco voted on reform proposals; proposals defeated
We should put more emphasis on national education
for the youth in Hong Kong and promote exchanges
between them and the young people of the Mainland
so that they will carry forward the Hong Kong people’s
great tradition of loving the motherland and loving
Hong Kong.
— Hu Jintao: Speech at welcoming banquet,
10th anniversary of the HKSAR, 30 June 2007
"One country" and "two systems" cannot be separated from each
other. …… "One country" means that we must uphold the power
vested with the central government and safeguard the nation’s
sovereignty, unity and security. "Two systems" means that we
should ensure a high degree of autonomy of the Hong Kong SAR
and support the chief executive and the SAR government in
exercising the power to govern in accordance with the law.
— Hu Jintao: Speech at the 10th anniversary of
the HKSAR, 1 July 2007
Our compatriots in Hong Kong and Macao, without doubt,
have the wisdom and ability to successfully administer and
develop their regions. Both regions have played and will
continue to play an important role in China’s modernization
drive, and the great motherland will always provide them with
strong backing for their prosperity and stability.
— Hu Jintao: Report at the 17th national congress of the CPC,
October 2007
NPCSC Decision on Issues Relating to
the Methods for Selecting the CE and for Forming the LegCo in 2012
and on Issues Relating to Universal Suffrage
(29 December 2007)
The NPCSC decides that
• appropriate amendments may be made to the specific methods for selecting the
CE and for forming the LegCo in 2012;
• the election of the fifth CE in 2017 may be implemented by the method of
universal suffrage;
• after the CE is selected by universal suffrage, the election of the LegCo may be
implemented by the method of electing all the members by universal suffrage.
ELECTORAL REFORM SUCCEEDED
BUT
TENSION WAS MOUNTING
Year Events
Szechuan earthquakes
Accountability System extended: under-secretaries & political assistants added
2008 Beijing Olympics
Chinese milk scandal
Fourth Legco election
2009 Protests against GSH express rail link
“Five constituencies resignation, de facto referendum”
2010 Legco visit to Shanghai World Expo
Second electoral reform package successfully adopted
2011 Protests against Mainland pregnant women visiting HK to give birth to infants
CE election: Leung Chun Ying won and became third CE
15th Anniversary of HKSAR
Protests against national education in schools; NE curriculum shelved
2012 Protests against parallel trade
Fifth Legco election
18th National Congress of the CPC
The Second Electoral Reform Plan, 2007-2010
2007-12-12 CE sought NPCSC consent to initiate electoral reform
2007-12-29 NPCSC decision: CE could be elected by universal suffrage in 2017;
all members of Legco could be elected by universal suffrage
afterwards; amendments for progress in 2012 elections
2009-11-18 HKSARG issued consultation paper on 2012 elections
2010-4-14 HKSARG presented proposals for 2012 elections: members of the
Election Committee to increase from 800 to 1,200; seats in Legco to
increase from 60 to 70
2010-6-26 Reform proposals passed in Legco by two-third majority, with the support
of Democratic Party
The fundamental goal of the principles, policies and major steps
of the Central Government for Hong Kong is to safeguard state
sovereignty, security and development interests and to ensure
long-term prosperity and stability in Hong Kong. This is the core
requirement and basic objective of practicing “one country, two
systems” in Hong Kong.
— Hu Jintao: Speech at the 15th anniversary of
the HKSAR, 1 July 2012
We must both adhere to the “one country” principle and respect
the differences of the “two systems”, both uphold the power of
the central government and ensure a high degree of autonomy
in the special administrative regions, both give play to the role
of the mainland as the staunch supporter of Hong Kong and
Macao and increase their competitiveness. At no time should
we focus only on one side to the neglect of the other.
— Hu Jintao: Report at the 18th national congress of the CPC,
November 2012
We are convinced that our compatriots in Hong Kong and
Macao not only have the wisdom, ability and resourcefulness to
successfully govern and develop the two regions; they can
certainly also play an active role in national affairs and share
with other people of all ethnic groups in China the dignity and
glory of being Chinese.
— Hu Jintao: Report at the 18th national congress of the CPC,
November 2012
BREAKDOWN IN TRUST AND
CONFIDENCE
AS NEW ELECTORAL REFORM FAILED
Year Events
2013 Beginnings of “Occupy Central” movement
Public debates on universal suffrage
CPG issued White Paper “The Practice of the OCTS Policy in the HKSAR”
2014 NPCSC passed “831 Decision”
“Occupy Central” protests
CE CY Leung warned against separatist instigations among students
2015 Third electoral reform package defeated in Legco
Mong Kok riot
Sixth Legco election
2016 Controversy over oath-taking of certain LegCo members; NPCSC interpreted
BL104; six members disqualified
Dispute over “co-location” arrangement for GSH express rail link
CE election: Carrie Lam won and became fourth CE
2017 20th Anniversary of HKSAR
19th National Congress of the CPC
White Paper
The Practice of the
“One Country, Two Systems” Policy
in the Hong Kong
Special Administrative Region
State Council Information Office
People’s Republic of China
June 2014
One Country Two Systems White Paper
Contents
Foreword
I Hong Kong’s Smooth Return to China
II Establishment of the Special Administrative Region System in Hong Kong
III Comprehensive Progress Made in Various Undertakings in the HKSAR
IV Efforts Made by the Central Government to Ensure the Prosperity and
Development of the HKSAR
V Fully and Accurately Understanding and Implementing the Policy of “One
Country, Two Systems”
Conclusion
Appendix
“One country, two systems” is a holistic concept. The “one country”
means that within the PRC, HKSAR is an inseparable part and a local
administrative region directly under China’s Central People’s
Government. As a unitary state, China’s central government has
comprehensive jurisdiction over all local administrative regions,
including the HKSAR. The high degree of autonomy of HKSAR is not
an inherent power, but one that comes solely from the authorization by
the central leadership. The high degree of autonomy of the HKSAR is
not full autonomy, nor a decentralized power.
— One Country Two Systems White Paper,
June 2014
The Constitution of the PRC and the Basic Law together constitute the
constitutional basis of the HKSAR. As the fundamental law of the
country, the Constitution, with supreme legal status and the highest
legal authority, is applicable throughout the territory of the People’s
Republic of China, including the HKSAR.
— One Country Two Systems White Paper,
June 2014
As Deng Xiaoping stressed, Hong Kong must be governed by the Hong
Kong people with patriots as the mainstay, as loyalty to one’s country is
the minimum political ethic for political figures. Under the policy of “one
country, two systems,” all those who administer Hong Kong, including the
chief executive, principal officials, members of the Executive Council and
Legislative Council, judges of the courts at different levels and other
judicial personnel, have on their shoulders the responsibility of correctly
understanding and implementing the Basic Law, of safeguarding the
country’s sovereignty, security and development interests, and of ensuring
the long-term prosperity and stability of Hong Kong. In a word, loving the
country is the basic political requirement for Hong Kong’s administrators.
— One Country Two Systems White Paper,
June 2014
The Third Electoral Reform Plan, 2013-2015
2014-7-15 CE sought NPCSC consent to initiate electoral reform
2014-8-31 NPCSC decision: key elements in method for electing CE by
universal suffrage in 2017
2014-9-28 “Occupy movement” started by protesters refusing to accept
NPCSC’s “831 Decision”; lasted for 79 days
2015-4-22 HKSARG presented proposals for 2017 CE election in
accordance with “831 Decision”
2015-6-18 Reform proposals defeated in Legco
The concept of “One Country, Two Systems” was advanced,
first and foremost, to realize and uphold national unity. That is
why in the negotiations with the United Kingdom, we made it
categorically clear that sovereignty is not for negotiation. Now
that Hong Kong has returned to China, it is all the more
important for us to firmly uphold China’s sovereignty, security
and development interests.
— Xi Jinping: Speech at the 20th anniversary of the HKSAR,
1 July 2017
Any attempt to endanger China’s sovereignty and security,
challenge the power of the Central Government and the
authority of the Basic Law of the HKSAR or use Hong Kong to
carry out infiltration and sabotage activities against the
mainland, is an act that crosses the red line, and is absolutely
impermissible.
— Xi Jinping: Speech at the 20th anniversary of the HKSAR,
1 July 2017
(In the past 5 years) we have fully and faithfully implemented the
principle of “one country, two systems,” and ensured that the
central government exercises its overall jurisdiction over Hong
Kong and Macao as mandated by China’s Constitution and the
basic laws of the two special administrative regions. We have
thus boosted exchanges and cooperation between the mainland
and the two regions and maintained prosperity and stability in
Hong Kong and Macao.
— Xi Jinping: Report at the 19th national congress of the CPC,
October 2017
(Among the 14 points that form the basic policy underpinning CCP’s
endeavors to uphold and develop socialism with Chinese
characteristics in the new era)
12. Upholding the principle of “one country, two systems” and
promoting national reunification. …… We must ensure both the
central government’s overall jurisdiction over the Hong Kong and
Macao special administrative regions and a high degree of autonomy
in the two regions. We should ensure that the principle of “one country,
two systems” remains unchanged, is unwaveringly upheld, and in
practice is not bent or distorted. ……
— Xi Jinping: Report at the 19th national congress of the CPC,
October 2017
SHOWDOWN
“BACK ON THE RIGHT TRACK OF
ONE COUNTRY, TWO SYSTEMS”
Year Events
Opening of GSH express rail link HK section and HZM Bridge
2018
40th Anniversary of China’s “Reform and Opening-Up”
Anti-extradition law protests
2019
Anti-Government camp won majority of seats in District Councils Election
COVID-19 pandemic started
Hong Kong National Security Law passed
2020
Decision by NPCSC to postpone seventh Legco election
Four Legco members disqualified following another NPCSC decision
NPCSC rewrote BL Annexes I & II
2021 New Election Committee formed
Seventh Legco Election
CE election Only candidate John Lee elected
2022 25th anniversary of HKSAR
20th National Congress of the CPC
2024 Safeguarding National Security Ordinance (BL 23 Legislation) enacted
In recent years, the national security risk in the HKSAR has been
prominent, various illegal activities such as "Hong Kong
independence," secession, and violent terrorist activities have
seriously endangered national sovereignty, unity, and territorial
integrity, and some foreign and overseas forces have blatantly
interfered in Hong Kong affairs and exploited Hong Kong to
engage in activities that endanger the national security of China.
— NPC Decision on National Security in HKSAR, 28 May 2020
The Standing Committee of the NPC is authorized to formulate
relevant laws on the establishment and improvement of the legal
system and enforcement mechanisms for the HKSAR to safeguard
national security, so as to effectively prevent, stop and punish any
secession, subversion of state power, organization of terrorist
activities, and other acts and activities that seriously endanger national
security as well as activities of foreign and overseas forces to interfere
in the affairs of the Hong Kong Special Administrative Region.
— NPC Decision on National Security in HKSAR, 28 May 2020
In recent years, especially after the turbulence over the amendment
bill in 2019, anti-China, destabilizing forces and radical localists in
Hong Kong have openly called for “Hong Kong independence”. They
used the electoral platforms of the Hong Kong SAR and the
deliberation platforms of the Legislative Council and the District
Councils or their position as public servants to blatantly carry out anti-
China and destabilizing activities. They resorted to every possible
means to paralyze the functioning of the Legislative Council and
obstruct the law-based administration of the SAR government. They
masterminded and perpetrated the so-called “primary election”, in an
attempt to obtain a majority in the Legislative Council so that they
could step further to grab the power to administer Hong Kong.
— Wang Chen on improvement of the electoral system in the HKSAR,
5 March 2021
The rioting and turbulence that occurred in the Hong Kong society
reveals that the existing electoral system in the Hong Kong SAR has
clear loopholes and deficiencies, which the anti-China, destabilizing
elements jumped on to take into their hands the power to administer
the SAR. To remedy the situation, it is important to take necessary
steps to improve the electoral system and remove existing institutional
deficiencies and risks to ensure the administration of Hong Kong by
Hong Kong people with patriots as the main body.
— Wang Chen on improvement of the electoral system in the HKSAR,
5 March 2021
The Improved Electoral System of the HKSAR
in accordance with NPC and NPCSC decisions in 2021
The Election Committee
• The HKSAR shall establish an Election Committee which shall be responsible for: electing the
Chief Executive designate and part of the Members of the LegCo, nominating candidates
for the Chief Executive and LegCo Members, as well as other matters.
• The Election Committee shall be composed of 1,500 members from five sectors:
(1) industrial, commercial and financial sectors (300 members)
(2) the professions (300 members)
(3) grassroots, labour, religious and other sectors (300 members)
(4) LegCo Members and representatives of district organisations and other organisations (300
members)
(5) HKSAR deputies to the NPC, HKSAR members of the National Committee of the Chinese
People's Political Consultative Conference and representatives of Hong Kong members of
relevant national organisations (300 members)
The Improved Electoral System of the HKSAR
in accordance with NPC and NPCSC decisions in 2021
Selection of the Chief Executive
• The Candidates for the office of the Chief Executive shall be nominated jointly by not less
than 188 Members of the Election Committee, among whom the number of members of
each sector should not be less than 15.
• The Election Committee shall elect the Chief Executive designate by secret ballot on a one-
person-one-vote basis. The election of the Chief Executive designate shall require a simple
majority vote of all the Members of the Election Committee.
The Improved Electoral System of the HKSAR
in accordance with NPC and NPCSC decisions in 2021
Formation of the Legislative Council
• Composition of the LegislativeCouncil:
Total number of Members 90
Members returned by the Election Committee 40
Members returned by functional constituencies 30
Members returned by geographical constituencies through direct elections 20
• Nomination of Candidates: Each Candidate in any constituency shall be nominated by
no less than 2 but no more than 4 Members from each of the five sectors of the Election
Committee, in addition to nomination requirements for his/her constituency.
The Improved Electoral System of the HKSAR
in accordance with NPC and NPCSC decisions in 2021
Candidate Eligibility Review Committee
• The HKSAR shall establish a Candidate Eligibility Review Committee (CERC), responsible for
assessing and validating the eligibility of candidates in the Election Committee, Chief
Executive and LegCo elections.
• Pursuant to the assessment made by the National Security Department of the Police, the
Committee for Safeguarding National Security will decide whether a candidate complies
with the legal requirements and conditions for upholding the Basic Law and bearing
allegiance to the HKSAR, and issue an opinion to the CERC.
• The CERC's decision is not subject to any judicial proceedings.
• The CERC shall consist of the chairperson, 2 to 4 official members and 1 to 3 non-official
members, all appointed by the Chief Executive. Only a Principal Official is eligible for
appointment as the Chairperson or an official member.
White Paper
Hong Kong Democratic Progress
Under the Framework of
“One Country, Two Systems”
State Council Information Office
People’s Republic of China
20 December 2021
Hong Kong has faced an extended period of damaging social unrest
caused by anti-China agitators both inside and outside the region.
Over the years, those who attempt to overturn the new constitutional
order and destabilize Hong Kong and the rest of China have colluded
to obstruct the democratic process. On the pretext of “fighting for
democracy”, they have attempted to stage a color revolution, split
Hong Kong from China, and seize power there. Their attempts have
gravely threatened the order established by the Constitution of the
PRC and the Basic Law of the HKSAR, thus endangering China’s
national security and Hong Kong’s stability and prosperity.
— Preamble, Hong Kong Democratic Progress White Paper
To put an end to the political turmoil of recent years the CPC and the Chinese
government have taken a series of major decisions, which include:
• strengthening the central authorities’ overall jurisdiction over the HKSAR
• improving the relevant systems and mechanisms to enforce the Constitution
and the Basic Law
• reinforcing the legal framework and supporting mechanisms for
safeguarding national security in the HKSAR
• modifying the region’s electoral system, laying the foundations for Hong
Kong patriots to govern Hong Kong
These measures address both the symptoms and root causes of the unrest,
and have restored order to Hong Kong, returning the democratic process to a
sound footing.
— Preamble, Hong Kong Democratic Progress White Paper
The central government will continue to develop and improve
democracy in Hong Kong in line with its realities and in accordance
with the Constitution, the Basic Law, and the relevant decisions of
the NPC and its Standing Committee. It will work with all social
groups, sectors and stakeholders towards the ultimate goal of
election by universal suffrage of the Chief Executive and all
members of the Legislative Council. Under the framework of One
Country, Two Systems, the prospects are bright for democracy in
Hong Kong.
— Hong Kong Democratic Progress White Paper
In the face of turbulent developments in Hong Kong, we (the
central committee of the CPC) effectively exercised our overall
jurisdiction over the SAR as prescribed by the Constitution and the
Basic Law, formulated and put into effect the Law on Safeguarding
National Security in the HKSAR and ensured that the principle of
“patriots administrating Hong Kong” is implemented. Thanks to
these moves, order has been restored in Hong Kong, marking a
major turn for the better in the region.
— Xi Jinping: Report at the 20th national congress of the CPC,
October 2022
The policy of One Country, Two Systems is a great innovation of
socialism with Chinese characteristics. It has proven to be the
best institutional arrangement for ensuring sustained prosperity
and stability in Hong Kong and Macao after their return to the
motherland. This policy must be adhered to over the long term.
— Xi Jinping: Report at the 20th national congress of the CPC,
October 2022
ONE COUNTRY, TWO SYSTEMS
What has changed?
What remains unchanged?
ONE COUNTRY, TWO SYSTEMS
A Shift in Emphasis ?
Before Now
Differences between Two Systems Interests of One Country
High degree of autonomy of SAR Comprehensive jurisdiction of CPG
Rights and privileges of HK people HK people’s duties to the nation
Democratic progress towards Safeguards for patriots governing HK
universal suffrage in democratic progress
The (“One Country, Two Systems”) policy is a creative innovation of
the CPC and the Chinese government. Robust and resilient, it has
proved to be a great success in Hong Kong. With their political
vision, the CPC and the Chinese government are certain of the
long-term success of the socialist system on the mainland. They
are equally certain of the long-term success of both the capitalist
system in Hong Kong and a form of democracy suited to its
realities.
— Conclusion, Hong Kong Democratic Progress White Paper
Thank you
See you next week