The Constitutional Laws Of The Hong Kong Special Administrative Region And Their Mutual Relations

After the return, in order to adapt to the requirements of the "one country, twosystems", several changes have taken place in Hong Kong’s constitutional law system.The basic law of the Hong Kong special administrative region replaced Letters Patentand Royal Instructions which were effective during the colonial period, as the highestlegal status in Hong Kong. Hong Kong’s constitutional law has implemented in HongKong for15years, due to its particularity, it is the fastest growing part of in the fieldof Hong Kong law, and has continuous improvement and controversy. For example:shall the Constitution apply in the Hong Kong special administrative region, and howto apply, the relationship between the Constitution and the basic law, the debate of theinterpretation from the National People’s Congress standing committee, politicalreform and the term of chief executive of the by-election, and so on.The Constitution is the fundamental law in our country, and as a specialadministrative region in the People’s Republic of China, the Constitution shall applyas a whole in the Hong Kong special administrative region. The basic law is thefoundation of Hong Kong’s legislation, and is the highest legal status in Hong Kong.Correctly understanding the Constitution and the basic law, is the guarantee to applythe Constitution in the Hong Kong special administrative region. The national laws inthe basic law of the third plenary session of the accessories list is related to thedefense and foreign affairs and other affairs beyond the Hong Kong autonomous. Ithas two ways to implement in Hong Kong, directly or indirectly. The NationalPeople’s Congress standing committee shall have the right to explain the basic law, theexplanation constitutes the important component of the basic law. The NationalPeople’s Congress standing committee has three ways to start an interpretation, by theNational People’s Congress standing committee, or the state council shall submit tothe NPC standing committee, or the court of final appeal shall submit to the NationalPeople’s Congress standing committee for explanation. Hong Kong’s constitutional law, as an overall summary, is the Constitution asthe basis, with the basic law as the main body, at the same time, including accessorieslist of national laws and the of the explanation from standing committee of theNational People’s Congress of the basic law. This paper is written from the view ofconstitutional law and their relationships, combining the theoretical analysis on thecontroversy, with the application of law. This paper hopes that it can clearconstitutional framework of the laws of the Hong Kong and their relationships.