First, the Central Government has the overall jurisdiction over the Hong Kong Special Administrative Region, and this is the source for the high degree of autonomy of the Hong Kong SAR.

 

Hong Kong adopts an executive-led political system and the executive branch, headed by the Chief Executive, plays the dominant and leading role in the operations of the entire political system, including the making of public policies, the legislative agenda and the operations of the government.

 

The Chief Executive is at the core of the political system. Compared with other officials, the Chief Executive is special because he or she has the legal status as the dual chief executive and shoulders dual responsibilities.

 

By dual Chief Executive, it means that he or she is the Chief Executive for both the Hong Kong Special Administrative Region and the SAR government. And by dual responsibilities, it means that the Chief Executive is responsible to both the Central People’s Government and reports the Central Government, and also responsible to the SAR.

The three branches of the government, as we often hear, refer to the executive, legislative and judicial branches. They are different organs and perform their duties and functions in line with the Basic Law and relevant laws. There is a check and balance mechanism between the executive and legislative branches, while the judiciary performs the power of independent adjudication.

The SAR government is the executive organ of the SAR, and its duties and functions include to make and implement policies, compile and submit the budgets, draft and submit bills and proposals, and more.

 

The Legislative Council is Hong Kong’s legislative organ, and its duties and functions include to make, revise and abrogate laws in line with the statutory procedures. Also, deliberate and approve the budgets submitted by the government, and to approve taxation matters and plans of public expenses, and more.

By executive-led system, it does not mean there is no check and balance mechanism between the legislative and the executive organs. The Basic Law clearly states that there is a check and balance mechanism between the two.

 

For example, bills adopted by the Legislative Council must be signed and promulgated by the Chief Executive before they enter into force. And, under special circumstances, the Chief Executive has the power to dissolve the Legislative Council. On the other hand, the executive branch shall also be responsible to the Legislative Council, including making policy addresses to the Legislative Council at set intervals. And answering questions and inquiries by the Legislative Council.

 

Hong Kong has the power of final adjudication. All courts are the judiciaries of the SAR, perform the power of adjudication, conduct the judicial proceedings independently, and are free from any interference. The judicial personnel shall be immune from legal actions for discharging their judicial duties and functions. 

 

The judiciary also must abide by the interpretations of the Basic Law made by the National People’s Congress Standing Committee.

 

On Hong Kong’s political system, the Basic Law also specifies that the district councils are not organs of political power, are consulted by the government of the HK SAR on district administration and other affairs, and are responsible for providing services in such fields as culture, recreation and environmental sanitation.

 

Functionaries working at different levels of the government must be permanent residents, and shall take oath or sign the statements to uphold the Basic Law and pledge allegiance to the Hong Kong SAR.