A Special Administrative Region (SAR) is a provincial-level administrative division Due to China's large population and area, the administrative divisions of China have consisted of several levels since ancient times. The constitution of the People's Republic of China provides for three de jure levels of government. Currently, however, there are five practical levels of local government: the province, prefecture, county, township, in the People's Republic of China b. ^ Simple characterizations of the political structure since the 1980s are no longer possible. Each SAR has a governmental chief executive as head of the region and head of government Head of government is the chief officer of the executive branch of a government, often presiding over a cabinet. In a parliamentary system, the head of government is often styled Prime Minister, President of the Government, Premier, etc. In presidential republics or absolute monarchies, the head of government may be the same person as the head of. The People's Republic of China, at present, has two special administrative regions, Hong Kong Hong Kong is one of the two special administrative regions of the People's Republic of China; the other is Macau. Situated on China's south coast and enclosed by the Pearl River Delta and South China Sea, it is renowned for its expansive skyline and deep natural harbour. With land mass of 1,104 km2 (426 sq mi) and a population of seven million and Macau Macau , also known as Macao (pronounced /məˈkaʊ/) is one of the two special administrative regions of the People's Republic of China, the other being Hong Kong. Macau lies on the western side of the Pearl River Delta, bordering Guangdong province to the north and facing the South China Sea in the east and south.[1] They should not be confused with special economic zones Special Economic Zones of the People's Republic of China are Special Economic Zones located in mainland China. The government of the People's Republic of China gives SEZs special economic policies and flexible governmental measures. This allows SEZs to utilize an economic management system that is especially conducive to doing business that does, which are regions fully under the administration of the Central People's Government The Central People's Government is the central government of the People's Republic of China in Beijing. According to the 1982 Constitution, "Central People's Government" is synonymous with the State Council. Article 31 of the Constitution of the People's Republic of China The Constitution of the People's Republic of China is the highest law within the People's Republic of China. The current version was adopted by the 5th National People's Congress on December 4, 1982 with further revisions in 1988, 1993, 1999, and 2004. Three previous state constitutions—those of 1954, 1975, and 1978--were superseded in turn. The authorises the National People's Congress Although the membership of the NPC is still largely determined by the Communist Party of China, since the early 1990s it has moved away from its previous role as a symbolic but powerless rubber-stamp legislature, and has supposedly become a forum for mediating policy differences between different parts of the Party and the government. For the NPC to create special administrative regions.[2]
Contents |
List of special administrative regions
Special situation
See also: Hong Kong Basic Law The Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China, or simply Hong Kong Basic Law, serves as the constitutional document of the Hong Kong Special Administrative Region of the People's Republic of China (PRC). The leading document in the law of Hong Kong, it was adopted on April 4, 1990 by the Seventh and Macau Basic Law 1996 • 2001 • 2005 • 2009The two special administrative regions of Hong Kong and Macau (created in 1997 and 1999 respectively) each have a codified constitution A constitution is a set of laws that a set of people have made and agreed upon for government—often codified as a written document—that enumerates and limits the powers and functions of a political entity. These rules together make up, i.e. constitute, what the entity is. In the case of countries and autonomous regions of federal countries the called Basic Law The Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China, or simply Hong Kong Basic Law, serves as the constitutional document of the Hong Kong Special Administrative Region of the People's Republic of China (PRC). The leading document in the law of Hong Kong, it was adopted on April 4, 1990 by the Seventh.[1] The law provides the regions with a high degree of autonomy, a separate political system, and a capitalist economy under the principle of "one country, two systems "One country, two systems" is an idea originally proposed by Deng Xiaoping, then Paramount Leader of the People's Republic of China , for the reunification of China during the early 1980s. He suggested that there would be only one China, but areas such as Hong Kong, Macau and Taiwan could have their own capitalist economic and political" proposed by Deng Xiaoping Deng Xiaoping listen (22 August 1904 – 19 February 1997) was a Chinese politician, statesman, theorist, and diplomat. As leader of the Communist Party of China, Deng became a reformer who led China towards a market economy. While Deng never held office as the head of state, head of government or General Secretary of the Communist Party of China (.[1] Both are pragmatic approaches to the fact that each territory was a former colony administered by their respective European powers. Macau and Hong Kong had advanced capitalist economies that would have been disrupted by the transition of sovereignty if there had been no continuity in respect of their legal and economic systems.
High degree of autonomy
Currently, the two SARs of Hong Kong and Macau are responsible for all issues except diplomatic relations and national defence. Consequently, the National People's Congress Although the membership of the NPC is still largely determined by the Communist Party of China, since the early 1990s it has moved away from its previous role as a symbolic but powerless rubber-stamp legislature, and has supposedly become a forum for mediating policy differences between different parts of the Party and the government. For the NPC authorizes the SAR to exercise a high degree of autonomy and enjoy executive, legislative and independent judicial power.[4] HK and Macau are vested with independent judicial power, including final adjudication Adjudication is the legal process by which an arbiter or judge reviews evidence and argumentation including legal reasoning set forth by opposing parties or litigants to come to a decision which determines rights and obligations between the parties involved. Three types of disputes are resolved through adjudication:.[5] They have their own Courts of Final Appeal.[5] According to the Joint Declaration The Sino-British Joint Declaration, formally known as the Joint Declaration of the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the People's Republic of China on the Question of Hong Kong, was signed by the Prime Ministers, Zhao Ziyang and Margaret Thatcher, of the People's Republic of China and the HK SAR enjoys a high degree of autonomy, except in matters of foreign policy and defence.[6]
External affairs
Special administrative regions are empowered to contract a wide range of agreements with other countries and territories such as mutual abolition of visa requirement, mutual legal aid, air services, extradition, handling of double taxation and others. In diplomatic talks involving a SAR, the SAR concerned may send officials to be part of the Chinese delegation. In sporting events the SARs are known as "Hong Kong China" and "Macau China" and compete as different countries.[7]
A 1996 draft PRC law banned People's Liberation Army-run businesses in HK, but loopholes allow them to operate while the profits are ploughed back into the military.[8] There are many PLA-run corporations in Hong Kong. The PLA also have sizable land-holdings in Hong Kong worth billions of dollars.[8]
Defence and military
The People's Liberation Army is garrisoned in both the SARs. PRC authorities have said the PLA will not be allowed to interfere with HK's local affairs, and must abide by its laws.[8] In 1988 scholar Chen Fang of the Academy of Military Science even tried to propose the "One military, two systems" concept to separate the defence function and public functions in the army.[8] The PLA do not participate in the governance of the SAR but the SAR may send for them in times of emergency such as natural disasters. Defence is the responsibility of the Central People's Government.[6]
Immigration and nationality
Each of the SARs issue passports on its own, only to its permanent residents who are concurrently nationals of the PRC, that is, PRC nationals satisfying one of the following conditions:
- born in the SAR;
- born anywhere while either parent was a permanent resident of the SAR;
- resided continuously and legally for seven or more years in the SAR.
Apart from affording the holder consular protection by the People's Republic of China, these passports also specify that the holder has right of abode in the issuing SAR.
The National People's Congress has also put each SAR in charge of administering the PRC's Nationality Law in its respective realms, namely naturalisation, renunciation and restoration of PRC nationality and issuance of proof of nationality.
Offer to Taiwan and other ROC-controlled areas
See also: Taiwan Province, People's Republic of ChinaThe status of a special administrative region was first offered to Taiwan and other areas controlled by the Republic of China in 1981.[1] The 1981 proposal was put forth by Ye Jianying called "Ye's nine points" (葉九條).[9] A series of different offers have since appeared. On June 25, 1983 Deng Xiaoping appeared at Seton Hall University in the US to propose "Deng's six points" (鄧六條), which called for a "Taiwan Special Administrative Region" (台灣特別行政區).[9] After Taiwan's reunification with China as a SAR, the PRC would become the sole representative of China.[9] Under this proposal, Taiwan would be allowed to manage its own military.[9] According to the proposal, the government of a Taiwan SAR would retain its own administrative and legislative powers, an independent judiciary and the right of adjudication, although it would not be considered a separate government of China.[9] While there would be no interference by the PRC in Taiwan's political system, there may be representatives from the Taiwan SAR that would be appointed to the central government in Beijing by the Taiwan SAR.
In 2005 the Anti-Secession Law of the PRC was enacted. It promises Taiwan a high degree of autonomy, among other things.[10] Under the law, the Taiwanese people would give up their right to self-determination.[11] China can also employ non-peaceful means and other necessary measures to protect China's sovereignty from Taiwan independence forces.[10]
Tibet
The Dalai Lama considered the 1951 agreement with China was made in the same spirit as "one country, two systems".[1] He has since proposed that the Tibet Autonomous Region become a special administrative region of the PRC similar to HK or Macau.[12] However, the PRC has continued to reject this proposal, stating that Tibet is not eligible to become a special administrative region because it has always been a part of China.[13][14]
See also
- Administrative divisions of China
- Special administrative region
- Special administrative region (Republic of China)
References
- ^ a b c d e Ghai, Yash P. [2000] (2000). Autonomy and ethnicity: negotiating competing claims in multi-ethnic states. Cambridge University Press. ISBN 0521786428, 9780521786423. p 92.
- ^ Lauterpacht, Elihu. Greenwood, C. J. [1999] (1999). International Law Reports Volume 114 of International Law Reports Set Complete set. Cambridge University Press, 1999. ISBN 0521642442, 9780521642446. p 394.
- ^ References and details on data provided in the table can be found within the individual provincial articles.
- ^ Chan, Ming K. Clark, David J. [1991] (1991). The Hong Kong Basic Law: blueprint for stability and prosperity under Chinese sovereignty? M.E. Sharpe publishing. ISBN 0873328353,9780873328357. pg 168.
- ^ a b Oliveira, Jorge. Cardinal, Paulo. [2009] (2009). One Country, Two Systems, Three Legal Orders - Perspectives of Evolution: Essays on Macau's Autonomy After the Resumption of Sovereignty by China. ISBN 3540685715, 9783540685715. p 212.
- ^ a b Zhang Wei-Bei. [2006] (2006). Hong Kong: the pearl made of British mastery and Chinese docile-diligence. Nova Publishers. ISBN 1594546002, 9781594546006.
- ^ English.eastday.com. "English.eastday.com." China keeps low key at East Asian Games . Retrieved on 2009-12-13.
- ^ a b c d Gurtov, Melvin. Hwang, Byong-Moo Hwang. [1998] (1998). China's security: the new roles of the military. Lynne Rienner Publishing. ISBN 1555874347, 9781555874346. p 203-204.
- ^ a b c d e Big5.china.com.cn. "Big5.china.com.cn." 鄧六條. Retrieved on 2009-12-14.
- ^ a b United Nations refugee agency. "UNHCR." Anti-Secession Law (No. 34). Retrieved on 2009-12-14.
- ^ Taipeitimes.com. "Taipeitimes.com." Artists and academics protest `anti-secession' law. Retrieved on 2009-12-13.
- ^ Pbs.org. "Pbs.org." Deep-rooted Tensions Surface in Tibet Unrest. Retrieved on 2009-12-15.
- ^ The 14th Dalai Lama’s ‘Middle Way’ ridiculous
- ^ 'Seeking unity through equality' - www.phayul.com
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Categories: Administrative divisions of the People's Republic of China | Special administrative regions of the People's Republic of China | Province-level divisions of the People's Republic of China
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