TNAG-2289-FCO40-3293-Future-of-Hong-Kong-Basic-Law-1991 — Page 144

There are historical precedents for systems of differing natures co-existing. For example before the foundation of the PRC, during the period of the Democratic Revolution in our country, two different legal systems did co-exist. One was the New Democratic legal system within the revolutionary base areas and which represented the interests of the proletariat and other working people. The other was the Guomindang Government legal system the Guomindang controlled areas which represented the interests of landlords, compradores, and bureaucratic capitalism. However this is completely different from the co-existence of two differing legal systems which will happen under one country two systems.

areas

in

1. Their forms are different. In the pre-liberation period the co-existence of two types of legal system resulted from the struggle between the Chinese Communist Party and the reactionary Guomindang, and from the revolutionary path whereby the rural were surrounding the cities. It was a product of confrontation and warfare. But the co-existence of two different legal systems in Hong Kong and on the mainland under "one country two systems" came about with due regard for the historical and present circumstances within our country and was produced based on the needs of re-unification of the country.

2. Their positions are different. Because the revolutionary base areas established by the Chinese Communist Party a very few regions throughout the country, their legal systems were similarly limited to those particular boundaries. On the other hand, the Guomindang exercised political power over the whole country and the regions controlled by its reactionary legal system were considerably broader. From a national level point of view, its legal system was in the controlling position and the Guomindang Government would not permit the existence of the revolutionary base areas or their legal system. In 1997, the legal system in use throughout the most part of the country will be of a socialist nature. It will occupy the leading position, but in permitting the existence of a capitalist legal system in the SAR, it could be said to be only partial.

The

3.

Their relationships are different. The legal systems of the Guomindang and that of the base areas came into being under conditions of military and political opposition. Their relations were antagonistic, and the inevitable result of their struggle was that one type of system would have to replace the other. relationship between the socialist legal system in use on the mainland and the legal system in use in the Hong Kong SAR will not be of an antagonistic nature. They will both be of value in the re-unification of the country, in the construction of the four modernisations, and in preserving the stability and prosperity of Hong Kong.

From 1997, under "one country two systems", the two different legal systems, socialist and capitalist will co-exist. On the one hand the capitalist legal system will not influence the nature of the socialist legal system on the mainland, and the mainland's legal system will not alter the capitalist nature of the legal system in Hong Kong. On the other hand, in their interreactions, these two legal systems will change from antagonistic to non-antagonistic, and from mutual exclusivity to cooperation.