(ii) Manifestations in the Legal System
of of
The practice of "one country two systems" will inevitably mean that two legal systems of different nature and forms will coexist. As far as their basic nature is concerned these two legal systems are based on different economic foundations, protect different political and economic systems, and manifest the aspirations different classes. From the point of view of form, the laws Hong Kong belong to the British and American systems. They follow the principles of taking case law (panlifa) as the most important point and have through many years of legislative and judicial experience built up a set of legal systems that are appropriate to the needs of the development of the capitalist economy and politics in Hong Kong. But the system on the mainland was built
on
be
the basis of getting rid of the old legal system in China. It is suited to the development needs of the socialist economy and politics. It has gradually built up a socialist legal system based on the Constitution. Therefore, whether we are discussing form or basic content, two different legal systems will co-existing in the Hong Kong SAR and the rest of China. A new legal question under "one country two systems" will be how to solve conflicts and reconcile contradictions between these systems.
(iii) The Legislative Aspect
"One country two systems" will also mean that there have to be developments in the legislative system of China.
two
SAR
The BL of the Hong Kong SAR lays down that: The Hong Kong enjoys legislative powers. The laws laid down by its legislative organs need not be consistent with the laws in use in the rest of China so long as they conform to the prescription
prescription and legal procedures of the BL for the Hong Kong SAR. This goes well beyond the limits of legislative power enjoyed by most local legislatures and national autonomous legislatures under the present
Constitution.
The present Chinese Constitution lays down that the National People's Congress and its Standing Committee exercise state legislative power. Local legislatures (including national autonomous regions) may only exercise the power to determine legislation of a local nature. However under "one country two systems", the SAR will enjoy legislative power. So what is the meaning of this legislative power? Traditional view points cannot really be used to explain the provisions for the SAR enjoying legislative power. Under "one country two systems", the SAR will enjoy а high level of autonomy and the legislative power is an important component of this high level of autonomy. legislative power referred to in this context is not state legislative
power but it is legislative power devolved by the centre to a region, or in other words it is legislative power comparable to local legislative power. However it must be recognised that this provision is highly exceptional and is a development which is from a new development in China's actual circumstances.
Therefore the
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