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Politics Of Hong Kong
The politics of Hong Kong takes place in a framework of a political system dominated by its constitutional document, the Hong Kong Basic Law, its own legislature, the Chief Executive as the head of government and of the Special Administrative Region and of a politically constrained multi-party presidential system. The Government of the Hong Kong Special Administrative Region of the People's Republic of China is led by the Chief Executive, the head of government. On 1 July 1997, sovereignty of Hong Kong was transferred to China (PRC), ending over one and a half centuries of British rule. Hong Kong became a Special Administrative Region (SAR) of the PRC with a high degree of autonomy in all matters except foreign affairs and defence, which are responsibilities of the PRC government. According to the Sino-British Joint Declaration (1984) and the Basic Law, Hong Kong will retain its political, economic and judicial systems and unique way of life and continue to participate in i ...
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Hong Kong Basic Law
The Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China is a national law of China that serves as the organic law for the Hong Kong Special Administrative Region (HKSAR). Comprising nine chapters, 160 articles and three annexes, the Basic Law was composed to implement Annex I of the 1984 Sino-British Joint Declaration. The Basic Law was enacted under the Constitution of China when it was adopted by the National People's Congress on 4 April 1990 and came into effect on 1 July 1997 when Hong Kong was transferred from the United Kingdom to China. It replaced Hong Kong's colonial constitution of the Letters Patent and the Royal Instructions. Drafted on the basis of the Joint Declaration, the Basic Law lays out the basic policies of China on Hong Kong, including the " one country, two systems" principle, such that the socialist governance and economic system then practised in mainland China would not be extended to Hong Kong. Instead, Ho ...
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One Country, Two Systems
"One country, two systems" is a constitutional principle of the People's Republic of China (PRC) describing the governance of the special administrative regions of Hong Kong and Macau. The constitutional principle was formulated in the early 1980s during negotiations over Hong Kong between China and the United Kingdom. It provided that there would be only one China, but that these regions could retain their own economic and administrative systems, while the rest of Mainland China uses the socialism with Chinese characteristics system. Under the principle, each of the two regions could continue to have its own governmental system, legal, economic and financial affairs, including trade relations with foreign countries, all of which are independent from those of the Mainland. The PRC has also proposed to apply the principle in the unification it aims for with Taiwan. However, since 2020, as a result of the passage of the National Security Law by Hong Kong on 30 June of the sa ...
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Standing Committee Of The National People's Congress Of China
The Standing Committee of the National People's Congress of the People's Republic of China (NPCSC) is the permanent body of the National People's Congress (NPC) of the People's Republic of China (PRC), which is the highest organ of state power and the legislature of China. Although the parent NPC has superiority over the Standing Committee, and certain authorities are not delegated, the Standing Committee is generally viewed to have more power, albeit inferior to its parent, as the NPC convenes only once a year for two weeks, leaving its Standing Committee the only body that regularly drafts and approves decisions and laws. History In 1954, the 1st National People's Congress was held in Beijing, which became the statutory parliament of the People's Republic of China. The Standing Committee was established as its permanent body. The 1954 Constitution of the People's Republic of China stipulates that "the National People's Congress is the sole organ that exercises the legi ...
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Common Law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified," ''Southern Pacific Company v. Jensen'', 244 U.S. 205, 222 (1917) (Oliver Wendell Holmes, dissenting). By the early 20th century, legal professionals had come to reject any idea of a higher or natural law, or a law above the law. The law arises through the act of a sovereign, whether that sovereign speaks through a legislature, executive, or judicial officer. The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. '' Stare decisis'', the principle that cases should be decided according to consistent principled rules so ...
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Court Of Final Appeal (Hong Kong)
The Hong Kong Court of Final Appeal (HKCFA or CFA) is the final appellate court of Hong Kong. It was established on 1 July 1997, upon the establishment of the Hong Kong Special Administrative Region, replacing the Judicial Committee of the Privy Council as the highest judicial institution under Hong Kong law. As defined in Articles 19 and 85 of the Basic Law of Hong Kong, the Court of Final Appeal "exercises judicial power in the Region independently and free from any interference." The Hong Kong Court of Final Appeal Ordinance and the Hong Kong Court of Final Appeal Rules set out the detailed functions and procedures of the court. The court meets in the Court of Final Appeal Building located in Central, Hong Kong. Role of the court From the 1840s to 30 June 1997, Hong Kong was a British Dependent Territory, and the power of final adjudication on the laws of Hong Kong was vested in the Judicial Committee of the Privy Council in London. The power to exercise sovereig ...
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Court Of Last Resort
A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of a supreme court are not subject to further review by any other court. Supreme courts typically function primarily as appellate courts, hearing appeals from decisions of lower trial courts, or from intermediate-level appellate courts. However, not all highest courts are named as such. Civil law states tend not to have a single highest court. Additionally, the highest court in some jurisdictions is not named the "Supreme Court", for example, the High Court of Australia. On the other hand, in some places the court named the "Supreme Court" is not in fact the highest court; examples include the New York Supreme Court, the supreme courts of several Canadian provinces/territories, and the former Supreme Court of Judicature of England and W ...
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District Council (Second)
The District Council (Second) functional constituency () was a functional constituency in the elections for the Legislative Council of Hong Kong which was created in the 2012 constitutional reform package. It was the largest functional constituency consisted of registered voters who were not eligible for voting in the other functional constituencies. Background In 2009, the government put forward the reform package of the election method of the 5th Legislative Council of Hong Kong in the 2012 LegCo election. Due to the resolution of the National People's Congress in 2007 the ratio of geographical constituency and functional constituency remained the same, the government's package suggested to add extra five seats in geographical constituency and functional constituency respectively. The five new functional constituency seats would be same as the District Council functional constituency, in which only district councillors could stand, nominate, and be elected. The Democratic P ...
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Executive Council Of Hong Kong
The Executive Council of Hong Kong (ExCo) is the cabinet of the Government of Hong Kong, acting as a formal body of advisers to the Chief Executive of Hong Kong that serves as a core policy-making organ assisting the Chief Executive. It is analogous to other Executive Councils in the Commonwealth such as the Federal Executive Council of Australia, the Executive Council of New Zealand, and the Privy Council of the United Kingdom. Under the presidency of the Chief Executive, the Executive Council consists of 21 Official Members (the most senior of these being the Chief Secretary of Hong Kong, head of the Government Secretariat and chair of the Policy Committee), and 16 Non-official Members (also known as ministers without portfolio who are normally leading legislators from pro-establishment political parties) headed by the Convenor of the Non-official Members. The Council normally meets once a week. History The Executive Council was set up by the British Hong Kong Gov ...
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Premier Of The People's Republic Of China
The premier of the State Council of the People's Republic of China, commonly called the premier of China and sometimes also referred to as the prime minister, is the head of government of China and leader of the State Council. The premier is nominally the second most powerful position in China's political system, under the general secretary of the Chinese Communist Party (paramount leader), and holds the highest rank in the civil service of the central government. The premier is responsible to the National People's Congress and its Standing Committee. The premier serves for a five-year term, renewable once. The premier presides over the plenary and executive meetings of the State Council, and is assisted by vice premiers in their work. Every premier has been a member of the Politburo Standing Committee since the PRC's founding in 1949, except during brief transition periods. In China's political system, the premier is generally thought to be responsible for managing the econom ...
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Functional Constituency (Hong Kong)
In the political systems of Hong Kong, a functional constituency is a professional or special interest group involved in the electoral process. Eligible voters in a functional constituency may include natural persons as well as other designated legal entities such as organisations and corporations. (See: legal personality) History The concept of functional constituencies (FC) in Hong Kong was first developed in the release of "Green Paper: A Pattern of District Administration in Hong Kong" on 18 July 1984 when indirect elections were introduced to the Legislative Council for the first time. The paper suggested that the Legislative Council create 24 seats with 12 seats from different professional interest groups. The 11 original functional constituencies created in 1985 were: * First Commercial ( HKGCC) * Second Commercial ( CGCC) * First Industrial ( FHKI) * Second Industrial ( CMAHK) * Financial ( HKAB) * Labour (2 seats) * Social Services ( HKCSS) * Medical ( HKMA) ...
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Election Committee
The Election Committee is a Hong Kong electoral college, the function of which is to select the Chief Executive (CE) and, since 2021, to elect 40 of the 90 members of the Legislative Council. Established by Annex I of the Basic Law of Hong Kong which states that "the Chief Executive shall be elected by a broadly representative Election Committee in accordance with this Law and appointed by the Central People's Government (State Council)." It is formed and performs its selection function once every five years, even in the event of a CE not completing their term. The membership of the Election Committee was expanded to 1,500 under the massive overhaul of the electoral system in 2021. The Election Committee has been criticised for its "small-circle" electoral basis and its composition favouring pro-Beijing and business interests. History The Sino-British Joint Declaration of 1984 provides that the Chief Executive "shall be selected by elections or through consultations held l ...
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District Council Of Hong Kong
The district councils, formerly district boards until 1999, are the local councils for the 18 districts of Hong Kong. History Before establishment An early basis for the delivery of local services were the Kaifong associations, set up in 1949. However, by the 1960s, these had ceased to represent local interests, and so, in 1968, the government established the first local administrative structure with the city district offices, which were intended to enable it to mobilise support for its policies and programmes, such as in health and crime-reduction campaigns. An aim was also to monitor the grass roots, following the 1967 riots., from p140 Under the Community Involvement Plan, launched in the early 1970s, Hong Kong and Kowloon were divided into 74 areas, each of around 45,000 people. For each, an 'area committee' of twenty members was then appointed by the city district officers, and was comprised, for the first time, of members from all sectors of the local community, ...
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