TNAG-2289-FCO40-3293-Future-of-Hong-Kong-Basic-Law-1991 — Page 142

motherland,

and need to ensure

the

of

re-unification of the prosperity of the nation and of its peoples. They need to be benefit to the long term interests of the country and its peoples, and also to be of present benefit to the people of the Chinese mainland, Hong Kong, Macao and Taiwan. They need also to be conducive to the modernisation and construction of China and to the stability and prosperity of Hong Kong, Macao and Taiwan.

of

On 15 May 1984, in the "Government Work Report" to the Second Session of the sixth NPC, the Chinese government formally proposed the

policy of "one country two systems" to the highest organ state power in the country. This was passed by the NPC and thus became a basic policy of the country with full legal force.

In

accordance with article 31 of the Constitution, and following the policy of "one country two systems", the Sino-British Joint Declaration on the Question of Hong Kong was signed in Peking on 26 September 1984. In it the Chinese government formally put forward its twelve point basic policy for Hong Kong. This laid down that : on 1 July 1997 the People's Republic of China would re-assume sovereignty over Hong

Hong Kong. A Hong Kong Special Administrative Region (SAR) would be established according to the constitution. The SAR Government would be directly subordinate to the Central People's Government, and the Hong Kong SAR would enjoy a high degree of autonomy. Apart from foreign affairs and defence which would be reserved to the central government, the Hong Kong SAR would enjoy administrative powers, legislative powers, powers of an independent judiciary and the power of final appeal. The socio-economic system in Hong Kong would not change, nor would its way of life or legal basis. The Government of the Hong Kong SAR would be made up of local people.

These provisions in the Joint Declaration (JD) embody a high level integration of principal and flexibility. There is no compromise over the principal of protecting state sovereignty and re-unifying the territory, but in regard to concrete policies and arrangements, full respect has been paid to the actual circumstances and to the interests of all parties. They also made it clear how the idea of one country two systems could be properly put into effect in the Hong Kong SAR. They also created suitable conditions for drawing up the Basic Law of the Hong Kong SAR. The Basic Law of the Hong Kong SAR is the

the putting into legal terminology of the above theories and basic principles. Thus "one country two systems" has become a scientific idea that embodies theoretical guidance, legal principles, and policy implementation. It takes into account historical and modern circumstances, the interests of various groups and levels in Hong Kong and in the China, and also the interests of Britain and other countries in Hong Kong. It has therefore won support from all sides which has given it a strong vital force.

whole of

It

The basic meaning of this scientific idea of "one country two systems" cannot be simply expanded from the words themselves. has to be born in mind that it was produced under special historical circumstances and therefore has its own peculiar