A Securitized “One Country, Two Systems”?

Asian Survey ◽  
2021 ◽  
Vol 61 (4) ◽  
pp. 663-682
Author(s):  
Ieong Meng U ◽  
Wu Xiangning
Keyword(s):  
National Security ◽  
Legal System ◽  
Local Governance ◽  
Freedom Of Speech ◽  
Checks And Balances ◽  
Basic Law ◽  
Two Systems ◽  
Case Files ◽  
One Country Two Systems ◽  
The One

This paper examines how Macau, with a different political and legal system under the “one country, two systems” principle, fits into China’s securitization and what impact that has on its local governance. We argue that in recent years Macau’s legal system has gradually transformed into a means of social control. Through case files related to the Assembly and Demonstration Law drawn from the Court of Final Appeal, we demonstrate that although Macau is unlike Hong Kong, where dissidents are subject to severe repression, Beijing’s emphasis on national security has weakened the checks-and-balances function of Macau’s legal system and substantially narrowed the scope of freedom of speech, even though it is nominally guaranteed and protected by the Basic Law.

Prototype Constitutional Supervision in China: The Lessons of the Hong Kong Basic Law Committee

2015 ◽  
Vol 10 (2) ◽  
pp. 323-342 ◽  
Author(s):  
Eric C. IP
Keyword(s):  
Hong Kong ◽  
Constitutional Interpretation ◽  
Basic Law ◽  
Two Systems ◽  
One Country Two Systems ◽  
The One ◽  
Party State

AbstractRecurrent proposals to establish a constitutional supervisory committee have been pertinaciously rejected in spite of widespread recognition of the Chinese Constitution’s ineffectiveness. And yet, the Hong Kong Basic Law Committee has long epitomized in practice a prototypic form of constitutional supervision. Vested with quasi-judicial competences, the Committee seemed destined for a central role under the “One Country, Two Systems” arrangement. The tight secrecy imposed on its proceedings and the suppression of its potential to act consistently and with a distinct identity have fatally undermined the Committee’s ability to modulate constitutional tensions by way of coordinating expectations of the Basic Law’s proper meaning. The experience of the Basic Law Committee reveals the recalcitrance of the Party-state toward constitutional interpretation by any specialized body, even one whose powers are heavily circumscribed and whose membership is tightly controlled.

scholarly journals "Patriots Governing Hong Kong" and the Innovation of Practice Path to Cultivate the Chinese National Community Consciousness

2021 ◽  
Author(s):  
Yang Liao ◽  
Li Meng
Keyword(s):  
Hong Kong ◽  
Special Administrative Region ◽  
National Community ◽  
Administrative Region ◽  
Basic Law ◽  
Basic Meaning ◽  
Two Systems ◽  
One Country Two Systems ◽  
The One

The basic meaning of "patriots ruling Hong Kong" is that Hong Kong people who love China and love Hong Kong govern Hong Kong society to ensure the smooth implementation of the "One Country, Two Systems" system and the Basic Law of the Hong Kong Special Administrative Region in Hong Kong and maintain the long-term prosperity and stability of Hong Kong society.

Jie Huang: Interregional Recognition and Enforcement of Civil and Commercial Judgments

2014 ◽  
Vol 9 (1) ◽  
Author(s):  
Tan Lee Cheng
Keyword(s):  
Hong Kong ◽  
Comparative Study ◽  
Mainland China ◽  
Status Quo ◽  
The Us ◽  
Two Systems ◽  
The Status ◽  
Recognition And Enforcement ◽  
One Country Two Systems ◽  
The One

AbstractReview of “Interregional Recognition and Enforcement of Civil and Commercial Judgments” by Professor Jie Huang (Oxford and Portland, Oregon: Hart Publishing, 2014) which analyses the status quo of judgment recognition and enforcement in the Mainland China, Macao and Hong Kong under the ‘One Country, Two Systems’ regime. The book also presents a comparative study of the interregional recognition and enforcement of judgments in the US and EU.

Postscript

2016 ◽  
Author(s):  
Tan See Kam
Keyword(s):  
Hong Kong ◽  
Public Opinion ◽  
Contemporary Society ◽  
Republican China ◽  
Peking Opera ◽  
Mise En Scene ◽  
Two Systems ◽  
One Country Two Systems ◽  
The One ◽  
Chinese Democracy

Peking Opera Blues presents a jiegu fengjin metafiction to the 1980s Hong Kong of the film’s making and release. This is done by Tsui Hark evoking a past (Republican China), that draws on historical hindsights for allegorizing lessons of history with respect to colonial Hong Kong’s post-1997 future under the “one country, two systems” provision. While Peking Opera Blues does not have an explicit agenda for exerting pressure on the powers that be and for swaying public opinion in favor of democracy as an alternative to political China’s authoritarianism, it is nevertheless a commentary on the long, unsuccessful, march to Chinese democracy and its impact on contemporary society, most especially Hong Kong. Tsui Hark achieves this by particular forms of editing and mise en scène, and also by referencing Chinese cultural forms such as Peking opera, mandarin duck and butterfly fiction, the “three-women” films, and Canto-pop and Mandarin songs.

Jie Huang: Interregional Recognition and Enforcement of Civil and Commercial Judgments, Oxford and Portland, OR: Hart Publishing, 2014, 352 pp. Hardcover £65/€84.50

2014 ◽  
Vol 9 ◽  
pp. 381-385
Author(s):  
Tan Lee Cheng
Keyword(s):  
Hong Kong ◽  
Comparative Study ◽  
Mainland China ◽  
Status Quo ◽  
The Us ◽  
Two Systems ◽  
The Status ◽  
Recognition And Enforcement ◽  
One Country Two Systems ◽  
The One

AbstractReview of “Interregional Recognition and Enforcement of Civil and Commercial Judgments” by Professor Jie Huang (Oxford and Portland, Oregon: Hart Publishing, 2014) which analyses the status quo of judgment recognition and enforcement in the Mainland China, Macao and Hong Kong under the ‘One Country, Two Systems’ regime. The book also presents a comparative study of the interregional recognition and enforcement of judgments in the US and EU.

Hong Kong and the Limits of People Power

2003 ◽  
Vol 102 (665) ◽  
pp. 256-258
Author(s):  
Frank Ching
Keyword(s):  
Hong Kong ◽  
Political System ◽  
Two Systems ◽  
One Country Two Systems ◽  
The One

Hong Kong has little choice but to try to make the one country, two systems formula work. The alternative is not independence but absorption into the mainland's political system.

The emergence and transformation of self-determination claims in Hong Kong and Catalonia: A historical institutionalist perspective

Ethnicities ◽  
2018 ◽  
Vol 20 (1) ◽  
pp. 3-23 ◽  
Author(s):  
André Lecours ◽  
Jean-François Dupré
Keyword(s):  
Hong Kong ◽  
Central Government ◽  
Early Years ◽  
Self Determination ◽  
Constitutional Court ◽  
Regional Autonomy ◽  
Basic Law ◽  
One Country Two Systems ◽  
1997 Handover ◽  
The One

Using a historical institutionalist framework emphasizing the importance of transformative events, this paper seeks to explain the sudden emergence of self-determination claims in Hong Kong and their transformation into separatist ones in Catalonia. The paper argues that the inflexibility of the state in addressing moderate demands for regional autonomy has played a major role in the emergence and radicalization of these demands. In Hong Kong, the 1997 Handover from British to Chinese sovereignty was originally presented as an opportunity for self-governance under the principle of “Hong Kong People ruling Hong Kong” and the “One Country, Two Systems” formula. If Hong Kong nationalism was practically unheard of in the early years of the Handover, the unconciliatory attitude of the central government towards moderate demands for the actualization of the autonomy and democratization frameworks vested in Hong Kong’s Basic Law has directly contributed to the formation of today’s emerging self-determination movement. In Catalonia, the 2010 decision of the Spanish Constitutional Court to annul some articles of the reform to the Statute of Autonomy of Catalonia and to interpret others narrowly represented a transformative event that took Catalonia onto the pathway of secessionist politics. The secessionist turn was then further fed by the on-going refusal of the central government to negotiate with the Catalan government, notably on the notion of a popular consultation on the political future of the Autonomous Community.

One Country, Two Systems

2013 ◽  
Author(s):  
Joseph Cheng
Keyword(s):  
Hong Kong ◽  
Social Systems ◽  
Mainland China ◽  
The State ◽  
Deng Xiaoping ◽  
Systems Model ◽  
The People ◽  
Two Systems ◽  
One Country Two Systems ◽  
The One

Deng Xiaoping (b. 1903–d. 1997) secured power and launched a policy program of economic reforms and an opening to the external world at the end of 1978. He also initiated a peace offensive toward Taiwan, and had to face a new challenge in China’s Hong Kong policy. In January 1979, the Chinese authorities announced a nine-point proposal for solving the Taiwan issue and guaranteed that after reunification, the existing economic and social systems, as well as the way of life, would remain unchanged. Subsequently, the new Constitution of the People’s Republic of China promulgated in December 1982 contains a new provision; Article 31 states, “The state may establish special administrative regions (SAR) when necessary” (available online). In March 1979, Sir Murray MacLehose (b. 1917–d. 2000), then Governor of Hong Kong, visited Beijing. He met Deng Xiaoping and formally raised “the New Territories lease” question. Chinese leaders gradually began to understand that the Hong Kong future issue could no longer be delayed. The view of recovery gained a distinct edge; Liao Chengzhi (b. 1908–d. 1983), head of the newly established Hong Kong and Macau Affairs Office of the State Council, was given the responsibility of planning for the recovery of the territory. In April 1981, he proposed the “one country, two systems” model policy, which demonstrated the Chinese leadership’s liberation in thinking at that time. The leadership was eager to show the world that China could govern Hong Kong better than the British colonial administration; it wanted the Hong Kong model to have a significant demonstration effect on Taiwan. The policy played a key role in maintaining the confidence of Hong Kong people, and facilitated Chinese leaders’ success in the Sino-British negotiations on the territory’s future. In the decade and a half since Hong Kong’s return to China, the “one country, two systems” model has been working quite well. Stability and prosperity have been maintained; the rule of law and the freedoms enjoyed by the people have been largely intact. Hong Kong’s relative international economic competitiveness has been in slow decline, and the economy has become increasingly dependent on that of Mainland China.

Xinjiang: China's Future West Bank?

2002 ◽  
Vol 101 (656) ◽  
pp. 267-270 ◽  
Author(s):  
Dru Gladney
Keyword(s):  
Hong Kong ◽  
West Bank ◽  
Creative Solutions ◽  
The Future ◽  
Two Systems ◽  
One Country Two Systems ◽  
The One

Not unlike Hong Kong (which under the one-country, two-systems formula continues to fly its own flag), the unique situation in Xinjiang calls for dramatic and creative solutions. The future of this region, which the American sinologist Owen Lattimore once called the ‘pivot of Asia,’ depends on it.

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