University of Kwazulu-Natal

Pdf The Question Of 2047 Constitutional Fate Of One Country Two System

Bonisiwe Shabane
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pdf the question of 2047 constitutional fate of one country two system

The history of Hong Kong is intertwined with British colonialism and China’s Hong Kong policies. This history offers unique and important lessons on the rise and fall of Hong Kong’s constitutional order. In accordance with the 1984 Sino-British Joint Declaration, China declares 12 basic policies regarding Hong Kong and has translated these into the 1990 Hong Kong Basic Law. It is generally held that “One Country, Two Systems” will be the main constitutional architecture of Hong Kong for 50 years, and it will remain basically unchanged even after 2047. However, there are obvious difficulties and enormous differences on the interpretation of Article 5 of the Hong Kong Basic Law concerning the true meaning of “unchanged for 50 years.” Recent years have witnessed the... This Article aims to provide le...

The document is available in both hard copy and electronically. For the electronic version, see www.cmab-cd2012.gov.hk. Para 7 of the judgment. would like to thank the Human Rights Program and the East Asian Legal Studies Program at the Harvard Law School and the Asian Law Forum at the Yale Law School for sponsoring talks to... I would also like to offer a special thanks to Victoria Hui for her many helpful comments. University of Pennsylvania Journal of International Law, 1997

The fifteen-year struggle over Hong Kong's future has been a struggle over the rule of law. The People's Republic of China ("P.R.C.") and Great Britain agreed at the outset of negotiations over the territory's future to strive to preserve Hong Kong's "stability and prosperity," a task that was seen to... Specifically, this meant pledging to maintain the territory's common law legal system and most of its existing laws while also undertaking to construct judicial, lawmaking, and law-administering institutions adequate to implement a "high degree... In addition, much of the work and many of the conflicts in the preparations for Hong Kong's transition and the establishment of the S.A.R., from the drafting of the Sino-British Joint Declaration on the... "One country, two systems" (1C2S) is a constitutional principle of the People's Republic of China (PRC) describing the governance of the special administrative regions of Hong Kong and Macau. Deng Xiaoping developed the one country, two systems concept.

This constitutional principle was formulated in the early 1980s during negotiations over Hong Kong between China and the United Kingdom. It provided that there would be only one China, but that each region would retain its own economic and administrative system. Under the principle, each of the two regions could continue to have its own governmental system, legal, economic and financial affairs, including trade relations with foreign countries, all of which are independent from those... The PRC has also proposed to apply the principle in the unification it aims for with Taiwan. Deng Xiaoping developed the principle of one country, two systems in relation to Hong Kong, Macau, and Taiwan.[2]: 176 Hong Kong and Macau had been colonised by European powers and Taiwan remained under Kuomintang... Hong Kong was a colony of the United Kingdom, ruled by a governor appointed by the monarch of the United Kingdom, for 156 years from 1841 (except for four years of Japanese occupation during...

In discussing Hong Kong's future, Deng described the risk of possible instability which might be caused by what he termed as destructive forces both inside and outside Hong Kong.[2]: 177 In Deng's view, these... AbstractThe history of Hong Kong is intertwined with British colonialism and China’s Hong Kong policies. This history offers unique and important lessons on the rise and fall of Hong Kong’s constitutional order. In accordance with the 1984 Sino-British Joint Declaration, China declares 12 basic policies regarding Hong Kong and has translated these into the 1990 Hong Kong Basic Law. It is generally held that “One Country, Two Systems” will be the main constitutional architecture of Hong Kong for 50 years, and it will remain basically unchanged even after 2047. However, there are obvious difficulties and enormous differences on the interpretation of Article 5 of the Hong Kong Basic Law concerning the true meaning of “unchanged for 50 years.” Recent years have witnessed the...

This Article aims to provide legal analysis on Article 5 of Hong Kong Basic Law and the constitutional fate of Hong Kong toward 2047. It distinguishes all sorts of Article 5 interpretations into three broad categories: “Unchanged for 50 years” as international promise, “unchanged for 50 years” as political commitment, and “unchanged for 50 years” as constitutional obligation. Different approaches have been utilized for various constitutional interpretations. But all in all, the constitutional puzzles regarding “unchanged for 50 years” must be addressed within the framework of the temporality of the Basic Law in a fast-paced world. In order to maintain the constitutional stability and endurance, to secure the unamendability of “One Country, Two Systems” in 2047 will be the best blessing for Hong Kong in every possible way. Purpose After direct elections were instituted in Hong Kong and the sovereignty was transferred from Britain to China, politicization inevitably followed democratization.

The purpose of this paper is to evaluate the pro-democratic political parties’ politics in Hong Kong in recent history. Design/methodology/approach The research was conducted through a historical comparative analysis, within the context of Hong Kong after the sovereignty handover and the interim period of crucial democratization. Findings With the implementation of “One country, Two systems,” political democratization was hindered in Hong Kong’s transformation. The democratic forces have no alternative but to seek more radicalized politics, which has caused a decisive and ineluctable fragmentation of the local political parties. Originality/value This paper explores and evaluates the political history of the Hong Kong Special Administrative Region under “One country, Two systems” and the ways in which the limited democratization hinders the progress of Hong... AbstractRecurrent proposals to establish a constitutional supervisory committee have been pertinaciously rejected in spite of widespread recognition of the Chinese Constitution’s ineffectiveness.

And yet, the Hong Kong Basic Law Committee has long epitomized in practice a prototypic form of constitutional supervision. Vested with quasi-judicial competences, the Committee seemed destined for a central role under the “One Country, Two Systems” arrangement. The tight secrecy imposed on its proceedings and the suppression of its potential to act consistently and with a distinct identity have fatally undermined the Committee’s ability to modulate constitutional tensions by way of... The experience of the Basic Law Committee reveals the recalcitrance of the Party-state toward constitutional interpretation by any specialized body, even one whose powers are heavily circumscribed and whose membership is tightly controlled. According to the Sino-British Joint Declaration and Basic Law, Hong Kong was to exercise a high degree of autonomy under the framework of “one country, two systems” after the British handover of its sovereignty... In the initial post-handover period, Beijing adopted a policy of nonintervention in Hong Kong, but the outbreak of the July 1, 2003 protest triggered a subsequent change of policy.

Since then, Beijing has embarked on state-building nationalism, adopting incorporation strategies so as to subject Hong Kong to greater central control over the political, economic, and ideological arenas. Ironically, instead of successfully assimilating Hongkongese into one Chinese nation, Beijing’s incorporation strategies are leading to a rise of peripheral nationalism in the city-state and waves of counter-mobilization. This article analyzes mainland–Hong Kong relations on the eve of the twentieth anniversary of the handover and offers insights from an emerging case study that builds upon the nationalism literature. The Special Administrative Region of Hong Kong (HKSAR) was established in 1997 when China recovered sovereignty over Hong Kong following the terms set out in the 1984 Sino-British Joint Declaration. The Chinese government promised to adopt “One Country, Two Systems,” keeping the capitalist system and lifestyle of Hong Kong “fifty years unchanged.” Hong Kong was promised a high level of autonomy, with civil liberties,... With universal suffrage elections promised in the Basic Law but never delivered, the struggle over democratization has been the top item on the political agenda for decades.

The issue of democratization defines the major political cleavage, with the democrats seeing a democratic government as key to defending Hong Kong’s autonomy, rule of law, and civil rights. The study of politics in the HKSAR mostly centers around several themes: the struggle over democratization, China–Hong Kong relations, the perennial governing crisis of the HKSAR government, and state-business and state-society relations. Knowledge of colonial politics and governance and the social and political changes since the transition period (1984–1997) is vital for understanding present-day Hong Kong politics. The gist of the promise of “One Country, Two Systems” was a continuation of the status quo beyond 1997. The political formula and governing philosophy under the colonial regime were seen as major reasons for the “stability and prosperity” of Hong Kong. The conventional wisdom was that Hong Kong’s success was due to a minimalist state.

In-depth studies of colonial politics revealed a more complicated state-business and state-society relationship. The roles of state and political configurations have also undergone a lot of changes since the 1980s. Yet business dominance/hegemony and state-business alliance remain common conceptual tools to understand the post-1997 politics of Hong Kong. Recent studies on Hong Kong politics tend to cast Hong Kong in the light of “hybrid regimes.” With more control and intervention from China, the focus is on to what extent the autonomy and... The rise of new social movements, massive mobilizations, the birth of a new political identity, and value changes in recent years all contributed to the historic 2014 Umbrella Movement. The 2014 Movement brought about a new stage of self-determination currents and more intervention from China.

Published online by Cambridge University Press: 01 December 2020 The history of Hong Kong is intertwined with British colonialism and China’s Hong Kong policies. This history offers unique and important lessons on the rise and fall of Hong Kong’s constitutional order. In accordance with the 1984 Sino-British Joint Declaration, China declares 12 basic policies regarding Hong Kong and has translated these into the 1990 Hong Kong Basic Law. It is generally held that “One Country, Two Systems” will be the main constitutional architecture of Hong Kong for 50 years, and it will remain basically unchanged even after 2047. However, there are obvious difficulties and enormous differences on the interpretation of Article 5 of the Hong Kong Basic Law concerning the true meaning of “unchanged for 50 years.” Recent years have witnessed the...

This Article aims to provide legal analysis on Article 5 of Hong Kong Basic Law and the constitutional fate of Hong Kong toward 2047. It distinguishes all sorts of Article 5 interpretations into three broad categories: “Unchanged for 50 years” as international promise, “unchanged for 50 years” as political commitment, and “unchanged for 50 years” as constitutional obligation. Different approaches have been utilized for various constitutional interpretations. But all in all, the constitutional puzzles regarding “unchanged for 50 years” must be addressed within the framework of the temporality of the Basic Law in a fast-paced world. In order to maintain the constitutional stability and endurance, to secure the unamendability of “One Country, Two Systems” in 2047 will be the best blessing for Hong Kong in every possible way. The Master said, “At fifteen my mind was set on learning.

At thirty my character had been formed. At forty I had no more perplexities. At fifty I knew the Mandate of Heaven (T’ien-ming). At sixty I was at ease with whatever I heard. At seventy I could follow my heart’s desire without transgressing moral principles.”Footnote 1 The past carries with it a temporal index by which it is referred to redemption.

There is a secret agreement between past generations and the present one. Our coming was expected on earth. Like every generation that preceded us, we have been endowed with a weak Messianic power, a power to which the past has a claim. That claim cannot be settled cheaply. Historical materialists are aware of that.Footnote 2 Stepping into the third decade after the resumption of sovereignty over Hong Kong by the People’s Republic of China (“PRC”), the life of the Hong Kong Basic LawFootnote 3 in a changing time seems...

Footnote 5 Like any other changing society, one thing is certain—laws in Hong Kong do not exist in a vacuum. Unexpected circumstances that arise in the operation of the Hong Kong Basic Law may fortuitously result in drastic changes for the city and its people. After more than two decades of China’s implementation of “One Country, Two Systems” (“OCTS”),Footnote 6 the question of 2047 draws closer and closer to the central stage for the determination of Hong Kong’s constitutional... When one embarks upon a journey with more meaning and conviction,Footnote 7 it is generally held that OCTS will be the main constitutional architecture of Hong Kong for 50 years and it will remain... However, there are obvious difficulties and enormous differences on the interpretation of Article 5 of the Hong Kong Basic Law, which provides a phrase called “unchanged for 50 years.”Footnote 8 Some scholars have argued... To save content items to your account, please confirm that you agree to abide by our usage policies.

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