The Constitutional System of the Hong Kong SAR: A Contextual Analysis

The book "One Country, Two Systems: The Constitutional Arrangement in Hong Kong" provides an account of the evolving constitutional arrangement in the Hong Kong Special Administrative Region of the Peoples Republic of China. It discusses the structure and operations of Hong Kong's legal, judicial, and political systems and their interactions with the national authorities of the PRC. It is a useful case study in comparative constitutional law, particularly on autonomy and devolution issues within sovereign States.

Format: Paperback / softback
Length: 264 pages
Publication date: 18 April 2024
Publisher: Bloomsbury Publishing PLC

This comprehensive book delves into the intricate and evolving constitutional framework known as "One Country, Two Systems," as implemented in the Hong Kong Special Administrative Region (HKSAR) of the People's Republic of China (PRC). As a former British colony, Hong Kong reverted to Chinese sovereignty in 1997, maintaining its unique status as an international financial center, a free market, and a cosmopolitan city. However, the inherent tensions and contradictions within this framework have sparked constitutional controversies and social movements, culminating in significant events such as the Umbrella movement in 2014, the anti-extradition law movement in 2019, the enactment of the National Security Law in 2020, and the electoral overhaul in 2021.

The book explores the structure and operations of Hong Kong's legal, judicial, and political systems, examining their interactions with the national authorities of the PRC. It provides a valuable case study in comparative constitutional law, particularly focusing on autonomy and devolution issues within sovereign states. Hong Kong's unique position as a common law jurisdiction within the socialist legal system of the PRC adds an interesting dimension to this comparative study, making it of interest to students, scholars, lawyers, and policymakers alike.

The book begins by providing an historical overview of Hong Kong's transition from British rule to Chinese sovereignty, highlighting the challenges and complexities faced during this period. It then delves into the constitutional framework established under the "One Country, Two Systems" principle, emphasizing the principles of autonomy, democracy, and the rule of law. The book discusses the role of the Hong Kong Special Administrative Region's (HKSAR) government, the Legislative Council, and the Executive Council, as well as the independent judiciary and the role of the Chinese Communist Party (CCP) in overseeing the region's affairs.

One of the key themes of the book is the tensions between Hong Kong's autonomy and the central government's authority in Beijing. The book explores the historical roots of these tensions, including the British colonial era, the post-World War II occupation, and the subsequent handover to Chinese sovereignty. It examines the various mechanisms put in place to ensure the preservation of Hong Kong's autonomy, such as the Basic Law, the Hong Kong Special Administrative Region's (HKSAR) constitution, and the principle of "one country, two systems."

However, the book also highlights the challenges posed by the central government's increasing assertiveness in overseeing Hong Kong's affairs. The book discusses the introduction of the National Security Law in 2020, which has been widely criticized for undermining Hong Kong's autonomy and freedoms. It also examines the role of the CCP in shaping Hong Kong's political and legal landscape, including the influence of the party's ideology on the region's legal system and the suppression of dissent.

The book also explores the social movements and constitutional controversies that have emerged in response to these tensions. The Umbrella movement in 2014, which protested against the proposed extradition bill, was a significant turning point in Hong Kong's political landscape. The movement drew international attention and led to widespread protests and calls for greater autonomy and democracy. Similarly, the anti-extradition law movement in 2019, which sought to protect Hong Kong's autonomy from Chinese interference, also garnered significant support and led to further constitutional debates.

In conclusion, this book provides a comprehensive and insightful analysis of the evolving constitutional arrangement known as "One Country, Two Systems" in Hong Kong. It explores the structure and operations of Hong Kong's legal, judicial, and political systems, examining their interactions with the national authorities of the PRC. The book highlights the tensions and contradictions inherent in this framework, as well as the social movements and constitutional controversies that have emerged in response to these tensions. It serves as a valuable resource for students, scholars, lawyers, and policymakers interested in understanding the complex dynamics of Hong Kong's political and legal landscape.

Dimension: 216 x 138 (mm)
ISBN-13: 9781509956333