The Legal Basis Of The High Degree Of Autonomy Of The Hong Kong Special Administrative Region

What is the rationale for the HKSAR's high degree of autonomy? Discussion of this issue began as early as when the Basic Law of HKSAR was first drafted. In the implementation of this law, there have been different ideas on the HKSAR's high degree of autonomy, such as power division and even distribution of power. In 2004, when the double universal suffrage of Hong Kong's political system was discussed ardently, the problem of international self-determination provisions of the Convention emerged. This dissertation attempts to reveal that the rationale of the HKSAR's high degree of autonomy is the high degree of autonomy of sovereign authority. The research is committed by the methods of provision studies and case studies. In this dissertation, through comparative and historical research, the subject is studied against the background of Hong Kong's"One Country Two Systems", which in turn is placed against the background of the great history of China. In the framework of authorization, on the one hand, the power of the HKSAR is granted from the central government and cannot go beyond a certain political and legal boundary; on the other hand, the central government must exercise its powers strictly in compliance with its promises made in the Basic Law.The preface of the dissertation introduces different understandings of the rationale for Hong Kong's high degree of autonomy. In this part, the value and significance of the dissertation is also discussed.Chapterâ… , based on an exploration of the evolution of local self-government, examines the extent and characteristics of the autonomy of Hong Kong, and compares Hong Kong's high degree of autonomy with other autonomous forms elsewhere in the world. The discussed autonomous forms include some in Europe and the United States and local powers of the provincial units in mainland China.In chapterâ…¡, several typical cases related to the exercising of the HKSAR's high degree of autonomy are analyzed. Such cases include the Ma Kun case, the Ng Ka Ling case, the controversy over the election method of the Chief Executive and the Legislative Council after 2007, and the argument on the term length of the Chief Executive in complement election.Chapterâ…¢illustrates the relationship between the HKSAR's high degree of autonomy and the theory of"One Country Two Systems". Thorough discussion is also made on the formulation and application of the theory, on the concept and its meaning, and on its nature and significance.Chapterâ…£concentrates on the authorized quality of the HKSAR's high degree of autonomy. China is still a unitary state, even after the establishment of the HKSAR. This chapter attempts to indicate that Hong Kong's high degree of autonomy is granted by the central government, and that the HKSAR is only a local unit which enjoys a high degree of autonomy.In chapterâ…¤, the supervision and protection mechanisms of the HKSAR's high degree of autonomy are studied. Through the Basic Law of HKSAR, not only the political power but also the judicial power, especially the final adjudication, was delegated to the HKSAR. This requires that the HKSAR's high degree of autonomy should be supervised and ensured by the central government beyond the current legal means. However, to maintain the whole nation's long-term stability, the"legal mechanism"for relationship between the central government and the HKSAR must be fully studied as soon as possible. The dissertation both analyzes the current application of the"legal mechanism"and looks into its future.In the conclusion part, the future of the HKSAR and even that of the"One Country Two Systems"is discussed in the context of the state construction of China.