TNAG-2289-FCO40-3293-Future-of-Hong-Kong-Basic-Law-1991 — Page 143

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

a

meaning and content. Deng Xiaoping has made several expositions of the idea of practicing two systems in one country. It came from China's own peculiar circumstances and was not the product of any other country. It has a very clear Chinese feel to it. In talking of "one country two systems", we must deal with two aspects; firstly there is the question of a socialist state allowing certain special regions to practice capitalism and this is not just for a short period but for several decades or even hundred years. The other aspect is that it must be clearly recognised that the main system in the whole country is socialism. The first aspect of "one country two systems" is "one country". This is in order to solve the question of sovereignty and re-unification in Our country. If we leave aside the re-unification of the motherland and the re-assumption of our sovereignty over Hong Kong there is no basis for discussion for any other issue. It is a pre-condition. The second is "two systems". These two systems are the co-existence of socialism and capitalism within the boundaries of the sovereignty of the PRC. It does not mean that two types of social system are equally carried out.

are they mutually proposed and exclusive political systems. What it does mean is that the socialist system the mainland is the main system, and with the guarantee of the Constitution of the PRC the two systems of socialism and capitalism can develop together. This is something unique not only in Chinese history but also in world history.

on

2.

Nor

Changes and developments in the building of the Chinese Legal System under "One Country Two Systems"

According to traditional theories and precedents, a socialist state can only allow one system, that is the socialist system, to exist and develop. It certainly cannot permit another system, that is the capitalist system opposed to it, to exist and develop at the same time. However the implementation of "one country two systems", means that the old model of "one country one system" has been broken and that a new phenomenon has appeared of the co-existence and development of socialism and capitalism within a socialist state. This is one of the most remarkable events of the nineties of the twentieth century. There can be no doubt that it will have a tremendous influence on the development of our country.

From the point of view of the legal system, the introduction "one country two systems" is likely to bring with it certain changes and topics;

(i) The Character of the Legal System

of

new

According to the provisions in the BL, legal systems with different characteristics, founded on different political and economic systems, will exist within one state. One of these is the socialist legal system and the other is the capitalist legal system.

Comments

Approved members can add comments, bookmarks, and private notes.

No comments yet.

Private Research Note

Private notes are available after approval.