Part of: GS-Prelims and GS-II – International Relations
In News:
Recently, China’s Parliament passed new legislation for Hong Kong.
Key takeaways
The law is called the “NPC Decision on Establishing and Improving the Legal System and Enforcement Mechanisms for the Hong Kong Special Administrative Region to Safeguard National Security”.
It essentially empowers the National People’s Congress (Ruling party of China) to draft new national security laws for Special Administrative Region (SAR) of Hong Kong for the first time.
The laws could cover any activity that seriously endangers national security.
The law is aimed at enabling measures to counter, lawfully prevent, stop and punish foreign and overseas forces which are using Hong Kong to carry out separatist or destructive activities.
The law has been criticised by pro-democracy parties and legal community in Hong Kong.
It is being said that it undermines the “one country, two systems” model of Hong Kong.
Important value additions
Special Administrative Regions (SAR)
They are one type of provincial-level administrative divisions of China directly under the Central People’s Government.
They possess the highest degree of autonomy.
The legal basis for the establishment of SARs is provided for by Article 31 of the Constitution of the People’s Republic of China of 1982.
Mainland China is governed by Article 30 of the Constitution.
Since 1997, Hong Kong has been governed by the Basic Law, which gives the SAR executive, legislative and independent judicial power.
Only defence and foreign affairs matters are handled by the central government.
At present, there are two SARs established according to the Constitution:
Hong Kong SAR (former British dependency) was transferred to China in 1997.
Macau SAR (Portuguese dependency) was transferred to China 1999.
Generally, the two SARs are not considered to constitute a part of Mainland China, by both Chinese and SAR authorities.
