ONE COUNTRY TWO SYSTEMS AN HONG KONG'S BASIC LEGAL SYSTEM
CHAPTER ONE
"ONE COUNTRY TWO SYSTEMS" AND THE BUILDING OF THE LEGAL SYSTEM IN THE PEOPLE'S REPUBLIC OF CHINA,
Section One
THE NEW AGENDA FOR BUILDING CHINA'S LEGAL SYSTEM UNDER "ONE COUNTRY TWO SYSTEMS".
The drafting of the "Basic Law for the Hong Kong Special Administrative Region of the People's Republic of China" was finally concluded after almost five years work and the Basic Law
was
passed by the third session of the seventh National People's Congress on 4 April 1990. This was an event of great historical significance in the political life of modern day China. It was also a pioneering event in world legal history and the construction of a legal system in contemporary China. It will have a profound influence on China's modernisation and the development of society as well as on the development of present and future international society. As Comrade Deng Xiaoping pointed out on 17 February 1990 in his address to the 9th plenary session of the drafting committee for the basic law of the Hong Kong Special Administrative Region: "you have worked extremely hard for almost five years now and produced a legal document historical and international significance. It is of historical significance not only for the past and the present but also for the future; and internationally it has long term significance not only for the third world but also for the whole of mankind. It is Ar outstanding product of great creativity." (People's Daily 18 February 1990). Therefore going deeply into questions of building China's legal system under the conditions of "one country two systems" is a brand new topic for modern Chinese legal research.
of
The policy of "one country two systems" is applied to Hong Kong and Macao, as well as to Taiwan. This book will mainly be concerned with investigating the Chinese legal system in relation to Hong Kong under "one country two systems".
1. The Basic Meaning and Evolution of the policy of "One Country Two SystemsTM
The intention behind China's practice of "one country two systems" is that the Chinese Communist Party and the Chinese Government wanted it as the fundamental strategic policy for solving the questions of Hong Kong, Macao and Taiwan and peacefully re-unifying the country.
The meaning of "one country two systems" in Deng Xiaoping's formulation is that there should be one state and two separate systems, that is to say that within the People's Republic of China the 1.1 billion people on the mainland should practice the socialist system, while those on Hong Kong, Macao and Taiwan
should practice capitalism.
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