Relationship Between the Constitution and the Basic Law
播放影片
The Basic Law originates from the Constitution
As for the relationship between the Constitution and the Basic Law, it is stated clearly in the Preamble of the Basic Law that the Constitution is the basis for the enactment of the Basic Law. The Basic Law stipulates the systems be applied in the Special Administrative Region in accordance with the Constitution.
The National People’s Congress, in accordance with Article 31 of the Constitution, enacted the Basic Law to stipulate the basic principles and policies for the HKSAR. The Constitution is the fundamental law of the country and is the supreme legal status and legal authority. We can say the Constitution is the parent law, is the mother. The Basic Law is a branch law, is the son.
A high degree of autonomy of the SAR derives from authorization of the Central Government
Relationship between the Constitution and the Basic Law involves the concept of authorization.
The SAR’s high degree of autonomy comes completely from the authorization of the Central Government. Therefore, the concept of residual power does not exist at all. Under the authorization law, the Central Government has complete jurisdiction as the authorizing party. The Central Government has the right of supervision over the authorized party.
The power of interpretation and amendment of the Basic Law is vested in the National People’s Congress and its Standing Committee
The Basic Law was adopted according to the Chinese legislative system and is different from the common law system practiced in Hong Kong. The Standing Committee of the National People’s Congress has the power to interpret the law, and the power to amend the law is vested in the National People’s Congress. Since the implementation of the Basic Law, the NPC Standing Committee has had five interpretations of the law.
Interpretations by the NPC Standing Committee were prudent decisions
According to Article 158 of the Basic Law, the power of interpretation of the Basic Law shall be vested in the Standing Committee of the National People's Congress. After five interpretations, it could be seen that the NPC Standing Committee does not rashly interpret the law and did so only when it was needed. The process was extremely prudent.
The Basic Law and the whole Hong Kong Special Administrative Region were closely associated with the Constitution from the start. The Constitution is the legislative basis and source of power for the Basic Law. So, we should correctly understand the relationship between the Constitution and the Basic Law. Then, the smooth, long-term successful implementation of ‘One Country, Two Systems’ will be guaranteed.
相關影片
x
教學影片下載表