Hong Kong SAR Legislation Reflects 'One Country, Two Systems'

Home>>China

Last updated at: (Beijing Time) Thursday, June 27, 2002

Hong Kong SAR Legislation Reflects 'One Country, Two Systems'

DISCUSSION

CHINESE

SEND TO FRIEND

Rita Fan, president of the Legislative Council (LegCo) of the Hong Kong Special Administrative Region (SAR), said the LegCo fulfills its duty as alegislature in accordance with the Basic Law, and the legislation of the Hong Kong SAR reflects the "one country, two systems" principle.

In an exclusive interview with Xinhua upon the fifth anniversary of the Hong Kong SAR, Fan said the legislation of the SAR has been in smooth progress in the past five years.

Fan has been serving as president of the LegCo since the formation of the Provisional Legislative Council before Hong Kong's return to the motherland. After the return and the Provisional Legislative Council accomplished its task, she was elected as president of the first LegCo of the Hong Kong SAR and re-elected for a second term.

Fan said the LegCo of the three terms have passed over 270 ordinances, over 1,300 pieces of subsidiary legislation and over 260 motions with legislative effects.

The legislation of the Hong Kong SAR is based on the common law,and the Basic Law is the main continental law enacted in Hong Kong,and no law formulated by the SAR legislature can contravene the Basic Law, she said.

Under this circumstance, it is obvious how the "one country, two systems" principle is implemented in legislation of the Hong Kong SAR, she noted.

According to the Basic Law, law enacted by the LegCo of the Hong Kong SAR must be reported to the National People's Congress (NPC) Standing Committee for the record, but the reporting would not affect entry into force of such law.

If the NPC Standing Committee considers that any law enacted bythe LegCo does not comply with the Basic Law, it can return the law in question but cannot amend it.

Fan said it is the work of the LegCo to decide how to amend thelaw, and the NPC Standing Committee will not interfere, noting that such case also reflects the "one country, two systems" principle.

She explained that the "one country" means that the Basic Law is applied in the Hong Kong SAR and the whole country, while the "two systems" means that law adopted by the legislature of the HongKong SAR, if complying with the Basic Law, can be enforced only inthe Hong Kong SAR.

Referring to the relationship between the Hong Kong SAR LegCo and the NPC, Fan said the organization rules of the NPC is not applied in Hong Kong, and the SAR LegCo is not subordinate to the NPC and does not report its work to the NPC.

The Hong Kong SAR has its deputies to the NPC by means of election, Fan said, adding that members of the LegCo, if they are willing to, are eligible to become members of the board responsible for electing the Hong Kong deputies to the NPC.

However, the elected NPC deputies and the LegCo of the Hong Kong SAR have nothing to do with each other, Fan said.

"The NPC deputies do not need to report their work to the LegCo,and LegCo has no right to require them to do anything," she added.

There is fine distinction between the two parties, Fan said, noting that the Hong Kong deputies to the NPC belong to the NPC system, while the LegCo is the legislature of the Hong Kong SAR.

Fan said the power of LegCo is limited to the Hong Kong SAR andthe LegCo members are able to examine departments of the SAR government, while the Hong Kong deputies to the NPC can only inspect other provinces in the country. "This is a very special arrangement," she added.

Talking about the difference between the Legislative Council ofthe Hong Kong SAR and the former Legislative Council of the British Hong Kong authorities, Fan said the SAR LegCo is operated in accordance with the Basic Law and it follows the methods of thelatter in discussing issues in most cases, but some of the rules were changed.

In terms of the powers of the LegCo, Fan said two more functions have been granted to the LegCo of the Hong Kong SAR after the return of Hong Kong to the motherland -- the SAR LegCo would endorse the appointment and removal of the judges of the Court of Final Appeal and the Chief Judge of the High Court; and the SAR LegCo could pass a motion of impeachment against the chiefexecutive.

Fan said it was impossible to impeach the governor of Hong Kongunder the British colonial rule, as the governor represented the British queen.

Now, the chief executive is responsible for the Central People's Government and the Hong Kong SAR and the SAR LegCo represents the will of the people.

As a matter of fact, the SAR LegCo has this power and the SAR LegCo is a true legislature, she noted.

Questions?Comments? Click here

"One Country, Two Systems" to Be Safeguarded

Interview: Hong Kong's Culture Roots in China

>> Full Coverage

Englishman Hired as Chief Advisor of Yunnan Provincial Government ( 74 Messages)

Mysterious Pipes Left by "ET" Reported from Qinghai ( 8 Messages)

Premier Zhu Discusses Economic Issues with Experts ( 2 Messages)

Uncle Sam's Policy to Cross-Straits Ties against Its Own Interests ( 46 Messages)

China Strikes Hard on Drug Crimes ( 4 Messages)

China to Boost the Service Sector to Create More Jobs ( 7 Messages)