application of one country
-
time
two systems', but at the same as determining the principles for the application of national laws, we must also pay attention to the needs of both one county' and of two systems'. That is to say under the precondition of grasping one country, we must guarantee that the two different systems are able to coexist. We must grasp the unification of the country and at the same time we must maintain a high level of . autonomy for Hong Kong. Therefore, with regard to these national level laws, we cannot say that they are not to be applied or that they must be completely applied to the Hong Kong SAR. Our country is a single unified State and the Hong Kong SAR is a local administrative region that enjoys a high level of autonomy. The vast majority of the laws such as, the Civil Law, the Criminal Law, the Law of Civil Procedure, the Law of Criminal Procedure and SO on, will not be applied to the Hong Kong SAR. But at the same time, we cannot say that none at all of the national level laws will be applied to the Hong Kong SAR. For example laws on National Defence, Foreign Affairs and on other subjects that do not fall within the jurisdiction of the Hong Kong SAR under the Basic Law must still be applied. National Defence and Foreign Affairs are a concrete manifestation of the exercise of State Sovereignty and sometimes there have to be appropriate laws drawn up which have validity across the nation. There are also a number of national level laws which, although they are not laws to do with National Defence or Foreign Affairs, also have to have validity throughout the country and are laws which deal with matters that do not fall within the jurisdiction of the Hong Kong SAR as provided for under the Basic Law.
In order to guarantee the application of national level laws in the Hong Kong SAR and at the same time to dispel the doubts of a number of people in Hong Kong and to prevent the Centre inappropriately interfering in the legislative authority of the Hong Kong SAR and influencing its autonomy, the Basic Law made a number of clear provisions concerning those national laws which would be applied in the Hong Kong SAR. To draw up the boundaries for posterity this is
absolutely necessary.
The Basic Lev provides that:
I
Those national level laws that the Hong Kong SAR is to apply have been clearly laid down in the form of an Annex to the Basic Law and will be promulgated and legislatively enacted by the Hong Kong Those national level laws that are not mentioned in the Annex to the Basic Law will not be applied to the Hong Kong SAR.
SAR.
At present it is clearly laid down in Annex III to the Basic Law that from 1 July 1997, the Hong Kong SAR will promulgate or enact the following laws:
1.
Resolution on the Calendar, National Anthem and National Flag of the People's Republic of China.
2.
3.
Resolution on the National Day of People's Republic of China.
Order on the National Emblem of the People's Republic of China proclaimed by the Central People's Government, attached: design the National Emblem, Notes of Explanation and Instructions for
of Use.
4. Declaration of the Government of the People's Republic of China on the Territorial Sea.
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