The above are the distinctions between legislative powers in the present legislative system of our country. They do not take into account questions of the distinctions between legislative powers under one country two systems' after the establishment of the Hong Kong SAR. Under the new circumstances of one country two systems' there will obviously be new developments on the basis of the distinctions between legislative powers existing in our country at the moment.
То practice one country - two systems', first of all there must be one country. There will be no change in the current single state system in our country. The Hong Kong SAR which is to be set up will be a local administrative region under the Central People's Government. Therefore, legislative system already set up for
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our country and the principles of the division of legislative powers, ie to fully encourage local initiative under the unified leadership of the centre will continue to be applied within mainland. However, the Hong Kong SAR will be practising capitalist system which is different from that on the mainland. It will also enjoy a high level of autonomy; to take account this the Basic Law has clearly laid down in the context of defining the differences in legislative power between the centre and the Hong Kong SAR that: "the Hong Kong SAR will enjoy legislative power".
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This is quite different from the mainland. The Basic Law of the Hong Kong SAR lays down that the legislative organ of the Hong Kong SAR has the power, in accordance with due legal process, and based on the provisions of the Basic Law, to decide amend and revoke regulations drawn up by the Hong Kong SAR. Laws decided by that legislative organ must be reported to the Standing Committee of the NPC for the record. This reporting for the record will not influence the applicability of those laws.
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However, what happens if laws drawn up by the legislative authority of the Hong Kong SAR do not comply with the basic law. This
is not clearly provided for in the Joint Declaration. the point of view of legal theory, the power to make law under the basic law derives from the National People's Congress and it ought to be up to the National People's Congress to investigate whether not the laws decided upon by the legislative organ of the Hong Kong SAR do or do not comply with the basic law. If you consider the policy of `one country two systems' which has to be enforced
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the Hong Kong SAR, the legislative organ of the Hong Kong SAR will enjoy legislative power, therefore, Article 17 of the Basic Law has laid down some restrictions as far as the Standing Committee of the NPC is concerned. The Basic Law provides that "If the Standing Committee of the National People's Congress, after consulting the Committee for Basic Law of the Hong Kong SAR under it, considers that any law enacted by the legislature of the Hong Kong SAR is not in conformity with the provisions of this Law concerning regarding affairs within the responsibility central authorities or regarding the relationship between central authorities and the Region, the Standing Committee return the law in question but shall not amend it. Any returned by the Standing Committee of the National people's Congress shall immediately be invalidated".
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The above mentioned limits to legislative power are in accordance with the needs of one country - two systems' and show that legislative organs of the Hong Kong SAR enjoy considerably more self-determination as regards the limits of their legislative power compared with local
government organs and national