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The author:(作者)qq
published in(发表于) 2014/6/19 4:50:25
People’s daily： grasp Hong Kong S.A.R. constitutional basis

After the return of Hong Kong, under Chinese sovereignty, in accordance with the "one country, two systems" policy, the establishment of a new constitutional order. This is our Constitution and the constitutional order prescribed by the Basic Law of Hong Kong. "One country, two systems" in the Hong Kong S.A.R. practices white paper makes it clear that, the Constitution and the basic law make Hong Kong S.A.R. constitutional basis, the Constitution has the highest legal status and the highest legal force, constitutional status of the basic law have clarified the relationship between the Constitution and the basic law, will greatly promote the "one country, two systems" policy and correct understanding of the basic law.

During the drafting of the Basic Law of Hong Kong, some people began to refer to the basic law as "little Constitution". After the return of Hong Kong, it was simply called the basic law a "constitutional" and slowly in court, law books, a lot of the basic law referred to "the Constitution". However, China is a unitary State, only a Constitution, district boundaries can not have their own constitutions; Hong Kong Basic Law was enacted pursuant to the Constitution, does not exist under the Constitution "constitutional" legal logic. Refer to the basic law as "the Constitution" behind, not just for convenience, but reflects the exclusion of constitutional validity, which, seen to treat Hong Kong as an independent or semi-independent political entity of mindset. To correct this tendency must clear the constitutional basis of the Constitution and the basic law make Hong Kong, cannot be a substitute for the Basic Law of the Constitution, are in accordance with the Constitution, rules established by Hong Kong S.A.R. system of constitutional law.

Clearly in the third paragraph of the preamble of the Basic Law of Hong Kong stipulates that "according to People's Republic of China Constitution, the national people's Congress formulated People's Republic of China Hong Kong S.A.R. basic law requiring Hong Kong S.A.R. the systems to safeguard the national implementation of the basic principles and policies regarding Hong Kong. "The basic law is enacted pursuant to the Constitution, its inevitable logic is placed within the constitutional framework to understand. We can see that Hong Kong's basic law, known as "the Constitution", the Basic Law of the Hong Kong community to understand that the Court's interpretation of the basic law, law monographs, reference to international conventions, foreign or non-common law jurisdiction in other common law jurisdictions case, fresh can see shadows of our Constitution. This interpretation of the constitutional provisions of the basic law, inevitably with the legislative intent of the basic law becomes more far from the line. Does, Basic provides retained Hong Kong original of common law system, other common law applies area of case can made reference, but this is to Constitution and basic common constitute specific of constitutional based for premise of reference, no this premise, this reference on into has "pursuant to", with foreign of by to solutions China of legal, no this premise, "a country" on from constitutional Shang quietly disappeared has, "one country, two systems" must occurred mass of change. It must never be! Therefore, this tendency to just does not speak of the Constitution the basic law must be corrected. Only by provisions in the basic law to understand and implement, within the framework of the Constitution in order to ensure correct implementation of the basic law.

Central leaders issued a statement on Hong Kong, stressed the "one country, two systems" is a complete concept, emphasizing speak "two systems", must speak both State socialist system, Hong Kong's existing capitalist system and lifestyle unchanged. But Hong Kong does have some awareness of this is in place, and there are people who want to turn Hong Kong into an independent or semi-independent political entity on the way. To correct this tendency must also speak of the Constitution, said the Constitution in Hong Kong S.A.R. the effectiveness of concept in Hong Kong set up to uphold the Constitution, abide by the Constitution. Because the State socialist system, are stipulated by the Constitution, Hong Kong can practise the capitalist system, is also stipulated by the Constitution, starting from abiding by the Constitution, and various places in the Mainland have a constitutional obligation to maintain Hong Kong's capitalist system, introduced in Hong Kong had a constitutional obligation to uphold the National Socialist system.

White paper discusses the relationship between the Constitution and the basic law although only a few words, but every word is highly targeted, it can be said that legally seized the community of Hong Kong, "one country, two systems" policy and the Basic Law vague understanding of the key. Hong Kong S.A.R. constitutional foundation is to achieve good governance, to maintain the long-term prosperity and stability of Hong Kong at all, on this issue there can be no ambiguity, no room for individual expression.

(Original title: familiar Hong Kong S.A.R. constitutional basis)

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