The special administrative regions (SAR) of the People's Republic of China are one of four types of
province-level divisions of the
People's Republic of China
China, officially the People's Republic of China (PRC), is a country in East Asia. With population of China, a population exceeding 1.4 billion, it is the list of countries by population (United Nations), second-most populous country after ...
directly under the control of its
Central People's Government (State Council). As a region, they possess the highest degree of
autonomy
In developmental psychology and moral, political, and bioethical philosophy, autonomy is the capacity to make an informed, uncoerced decision. Autonomous organizations or institutions are independent or self-governing. Autonomy can also be ...
from China's central government. However, despite the relative autonomy that the Central People's Government offers the special administrative regions, the
National People's Congress
The National People's Congress (NPC) is the highest organ of state power of the People's Republic of China (PRC). The NPC is the only branch of government in China, and per the principle of unified power, all state organs from the Sta ...
and its
Standing Committee remain capable of enforcing laws for the special administrative regions.
The legal basis for the establishment of SARs, unlike the other
administrative divisions of China
The administrative divisions of China have consisted of several levels since 1412, due to mainland China's large population and geographical area. In the People's Republic of China, the constitution provides for three levels of government. H ...
, is provided for by Article 31, rather than Article 30, of the
Constitution of China of 1982. Article 31 reads: "The state may establish special administrative regions when necessary. The systems to be instituted in special administrative regions shall be prescribed by law enacted by the National People's Congress in the light of the specific conditions".
At present, there are two SARs established by the Constitution:
Hong Kong
Hong Kong)., Legally Hong Kong, China in international treaties and organizations. is a special administrative region of China. With 7.5 million residents in a territory, Hong Kong is the fourth most densely populated region in the wor ...
and
Macau
Macau or Macao is a special administrative regions of China, special administrative region of the People's Republic of China (PRC). With a population of about people and a land area of , it is the most List of countries and dependencies by p ...
. These former British and Portuguese territories were transferred to China in 1997 and 1999, following the
Sino-British and
Sino-Portuguese Joint Declarations signed in 1984 and 1987, respectively.
[Ghai, Yash P. (2000). ''Autonomy and Ethnicity: Negotiating Competing Claims in Multi-Ethnic States''. Cambridge University Press. , 9780521786423. p 92.] Pursuant to their Joint Declarations, which are binding
inter-state treaties registered with the
United Nations
The United Nations (UN) is the Earth, global intergovernmental organization established by the signing of the Charter of the United Nations, UN Charter on 26 June 1945 with the stated purpose of maintaining international peace and internationa ...
, and their
Basic laws, the Chinese SARs "shall enjoy a high degree of
autonomy
In developmental psychology and moral, political, and bioethical philosophy, autonomy is the capacity to make an informed, uncoerced decision. Autonomous organizations or institutions are independent or self-governing. Autonomy can also be ...
". Generally, the two SARs are not considered to constitute a part of
mainland China
"Mainland China", also referred to as "the Chinese mainland", is a Geopolitics, geopolitical term defined as the territory under direct administration of the People's Republic of China (PRC) in the aftermath of the Chinese Civil War. In addit ...
, by both SAR and mainland Chinese authorities.
The provision to establish special administrative regions appeared in the constitution in 1982, in anticipation of the talks with the
United Kingdom
The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Northwestern Europe, off the coast of European mainland, the continental mainland. It comprises England, Scotlan ...
over the question of the sovereignty over Hong Kong. It was envisioned as the model for the eventual
unification with
Taiwan
Taiwan, officially the Republic of China (ROC), is a country in East Asia. The main geography of Taiwan, island of Taiwan, also known as ''Formosa'', lies between the East China Sea, East and South China Seas in the northwestern Pacific Ocea ...
and other islands, where the
Republic of China
Taiwan, officially the Republic of China (ROC), is a country in East Asia. The main geography of Taiwan, island of Taiwan, also known as ''Formosa'', lies between the East China Sea, East and South China Seas in the northwestern Pacific Ocea ...
has resided since 1949.
Under the
one country, two systems principle, the Chinese Central Government is responsible for the diplomatic, military and other state-level affairs of the two SARs. Both two SARs continue to possess their own
multi-party legislatures,
legal systems,
police forces,
separate customs territory,
immigration policies,
left-hand traffic,
official language
An official language is defined by the Cambridge English Dictionary as, "the language or one of the languages that is accepted by a country's government, is taught in schools, used in the courts of law, etc." Depending on the decree, establishmen ...
s, academic and
educational systems, representation on certain international bodies and representation in international competitions, and other aspects that fall within the autonomous level.
Special administrative regions should not be confused with
special economic zones, which are areas in which special economic laws apply to promote
trade
Trade involves the transfer of goods and services from one person or entity to another, often in exchange for money. Economists refer to a system or network that allows trade as a market.
Traders generally negotiate through a medium of cr ...
and
investment
Investment is traditionally defined as the "commitment of resources into something expected to gain value over time". If an investment involves money, then it can be defined as a "commitment of money to receive more money later". From a broade ...
s. The
Wolong Special Administrative Region in
Sichuan province is a
nature reserve
A nature reserve (also known as a wildlife refuge, wildlife sanctuary, biosphere reserve or bioreserve, natural or nature preserve, or nature conservation area) is a protected area of importance for flora, fauna, funga, or features of geologic ...
and not a political division.
List of special administrative regions of China
There are currently two special administrative regions established according to Article 31 of the Chinese Constitution. For the
Wolong Special Administrative Region in
Sichuan Province, please see the section
Wolong below.
Characteristics
The two special administrative regions of Hong Kong and Macau (created in 1997 and 1999 respectively) each have a codified constitution called
Basic Law.
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" proposed by
Deng Xiaoping.
High degree of autonomy
Currently, the two SARs of Hong Kong and Macau are responsible for all affairs except those regarding diplomatic relations and national defence.
[Zhang Wei-Bei. 006(2006). Hong Kong: the pearl made of British mastery and Chinese docile-diligence. Nova Publishers. , 9781594546006.] Consequently, the
National People's Congress
The National People's Congress (NPC) is the highest organ of state power of the People's Republic of China (PRC). The NPC is the only branch of government in China, and per the principle of unified power, all state organs from the Sta ...
authorises the SAR to exercise a high degree of autonomy and enjoy executive, legislative and independent judicial powers, and each with their own
Courts of Final Appeal.
[Oliveira, Jorge. Cardinal, Paulo. 009(2009). One Country, Two Systems, Three Legal Orders – Perspectives of Evolution: Essays on Macau's Autonomy After the Resumption of Sovereignty by China. , 9783540685715. p 212.]
Currency
*
Renminbi
The renminbi ( ; currency symbol, symbol: Yen and yuan sign, ¥; ISO 4217, ISO code: CNY; abbreviation: RMB), also known as the Chinese yuan, is the official currency of the China, People's Republic of China. The renminbi is issued by the Peop ...
: The currency is commonly abbreviated as CNY¥. Adopt a stable exchange rate.
*
Hong Kong dollar: The currency is commonly abbreviated as HK$. The exchange rate is pegged to the
US dollar.
*
Macanese pataca: The currency is commonly abbreviated as MOP$. The exchange rate is pegged to the
Hong Kong dollar.
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
In an extradition, one Jurisdiction (area), jurisdiction delivers a person Suspect, accused or Conviction, convicted of committing a crime in another jurisdiction, into the custody of the other's law enforcement. It is a cooperative law enforc ...
, handling of
double taxation and others, with no
Chinese government involvement. However, in some diplomatic talks involving a SAR, the SAR concerned may choose to send officials to be part of the Chinese delegation. For example, when former
Director of Health of Hong Kong Margaret Chan became the
World Health Organization
The World Health Organization (WHO) is a list of specialized agencies of the United Nations, specialized agency of the United Nations which coordinates responses to international public health issues and emergencies. It is headquartered in Gen ...
(WHO) Director-General, she served as a delegate from the
People's Republic of China
China, officially the People's Republic of China (PRC), is a country in East Asia. With population of China, a population exceeding 1.4 billion, it is the list of countries by population (United Nations), second-most populous country after ...
to the WHO.
At the same time they are members of various international organizations such as WTO, APEC, etc.
* Hong Kong participates in 41 intergovernmental international organizations with countries as participating units.
* Hong Kong participates in 54 intergovernmental international organizations that do not use countries as their participating units.
* Macau participates in 19 intergovernmental international organizations with countries as participating units.
* Macau participates in 30 intergovernmental international organizations that do not use countries as their participating units.
The
Government of Hong Kong and
Government of Macao have established
Hong Kong Economic and Trade Offices (HKETOs) and
Delegação Económica e Comercial de Macaus (DECMs) respectively in some countries, as well as in the
Greater China Region. HKETOs serve as a quasi-
interests section in favour of
Hong Kong
Hong Kong)., Legally Hong Kong, China in international treaties and organizations. is a special administrative region of China. With 7.5 million residents in a territory, Hong Kong is the fourth most densely populated region in the wor ...
. DECMs serve as a quasi-
interests section in favour of
Macao
Macau or Macao is a special administrative region of the People's Republic of China (PRC). With a population of about people and a land area of , it is the most densely populated region in the world.
Formerly a Portuguese colony, the ter ...
. For regions with no HKETOs and DECMs,
Chinese diplomatic missions take charge of protecting Hong Kong-related and Macau-related interests.
Some countries which have
a diplomatic relationship with the central Chinese government maintain
Consulate-General offices in Hong Kong and Macau.
Olympic Games
In sporting events such as the
Olympic Games
The modern Olympic Games (Olympics; ) are the world's preeminent international Olympic sports, sporting events. They feature summer and winter sports competitions in which thousands of athletes from around the world participate in a Multi-s ...
or
Asian Games
The Asian Games, also known as Asiad, is a continental multi-sport event held every four years for athletes of Asia. The Games were regulated by Asian Games Federation from the 1951 Asian Games, first Games in New Delhi, India in 1951, until ...
, the SARs may have their own independent teams. They participate under the respective names of "
Hong Kong
Hong Kong)., Legally Hong Kong, China in international treaties and organizations. is a special administrative region of China. With 7.5 million residents in a territory, Hong Kong is the fourth most densely populated region in the wor ...
, China" and "
Macau
Macau or Macao is a special administrative regions of China, special administrative region of the People's Republic of China (PRC). With a population of about people and a land area of , it is the most List of countries and dependencies by p ...
, China", and compete as different entities as they had done since they were under foreign rules, but both SARs are usually allowed to omit the term ", China" for informal use.
Defence and military
The
People's Liberation Army
The People's Liberation Army (PLA) is the military of the Chinese Communist Party (CCP) and the People's Republic of China (PRC). It consists of four Military branch, services—People's Liberation Army Ground Force, Ground Force, People's ...
is garrisoned in both SARs. PRC authorities have said the PLA will not be allowed to interfere with the local affairs of Hong Kong and Macau, and must abide by its laws.
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.
The PLA does not participate in the governance of the SAR but the SAR may request them for civil-military participation, in times of emergency such as
natural disaster
A natural disaster is the very harmful impact on a society or community brought by natural phenomenon or Hazard#Natural hazard, hazard. Some examples of natural hazards include avalanches, droughts, earthquakes, floods, heat waves, landslides ...
s. Defence is the responsibility of the PRC government.
A 1996 draft PRC law banned
People's Liberation Army–run businesses in Hong Kong, but
loopholes allow them to operate while the
profits are ploughed back into the military.
[Gurtov, Melvin. Hwang, Byong-Moo Hwang (1998). ''China's Security: The New Roles of the Military''. Lynne Rienner Publishing. , 9781555874346. pp. 203–204.] There are many PLA-run corporations in Hong Kong. The PLA also have sizeable
land holdings in Hong Kong worth billions of dollars.
Immigration and nationality
Each of the SARs issues passports on its own to its permanent residents who are concurrently
Chinese (PRC) citizens. PRC citizens must also satisfy 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 and therefore gained a
right of abode in the SAR.
Apart from affording the holder consular protection by the
Ministry of Foreign Affairs
In many countries, the ministry of foreign affairs (abbreviated as MFA or MOFA) is the highest government department exclusively or primarily responsible for the state's foreign policy and relations, diplomacy, bilateral, and multilateral r ...
, these passports also specify that the holder has right of abode in the issuing SAR.
The
National People's Congress
The National People's Congress (NPC) is the highest organ of state power of the People's Republic of China (PRC). The NPC is the only branch of government in China, and per the principle of unified power, all state organs from the Sta ...
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.
Due to their colonial past, many inhabitants of the SARs hold some form of non-Chinese nationality (e.g.
British National (Overseas) status,
British citizenship,
British Overseas citizenship or
Portuguese citizenship). However, SAR residents who are Chinese descent have always been considered as Chinese citizens by the PRC authorities, an exception to this case is Macau, wherein residents of Chinese descent may choose Chinese or Portuguese nationality. Special interpretation of the Nationality Law, while not recognising
dual nationality, has allowed Chinese citizens to keep their foreign "right of abode" and use travel documents issued by the foreign country. However, such travel documents cannot be used to travel to
mainland China
"Mainland China", also referred to as "the Chinese mainland", is a Geopolitics, geopolitical term defined as the territory under direct administration of the People's Republic of China (PRC) in the aftermath of the Chinese Civil War. In addit ...
and persons concerned must use
Home Return Permit. Therefore,
master nationality rule applies so the holder may not enjoy consular protection while in China. Chinese citizens who also have foreign citizenship may declare a change of nationality at the Immigration Department of the respective SARs, and upon approval, would no longer be considered Chinese citizens.
SAR permanent residents who are not Chinese citizens (including
stateless persons) are not eligible for SAR passports. Persons who hold a non-Chinese citizenship must obtain passports from foreign diplomatic missions which represents their countries of citizenship. For those who are stateless, each SAR may issue its own form of
certificates of identity, e.g.
Document of Identity, in lieu of national passports to the persons concerned. Chinese citizens who are non-permanent residents of two SARs are also ineligible for SAR passports but may obtain CIs just like stateless persons.
Passport
*
Chinese passport (for the
mainland residents with
Hukou only)
*
Hong Kong SAR passport (for
Hong Kong permanent residents with
Chinese citizenship only)
*
Macao SAR passport (for
Macau permanent residents with
Chinese citizenship only)
Comparisons
Offer to Taiwan and other ROC-controlled areas
The status of a special administrative region for
Taiwan and other areas controlled by the
Republic of China
Taiwan, officially the Republic of China (ROC), is a country in East Asia. The main geography of Taiwan, island of Taiwan, also known as ''Formosa'', lies between the East China Sea, East and South China Seas in the northwestern Pacific Ocea ...
(ROC) was first proposed in 1981.
The 1981 proposal was put forth by NPC chairman
Ye Jianying called "Ye's nine points" ().
A series of different offers have since appeared. On 25 June 1983
Deng Xiaoping appeared at
Seton Hall University in the US to propose "Deng's six points" (), which called for a "Taiwan Special Administrative Region" ().
It was envisioned that after Taiwan's unification with the PRC as an SAR, the PRC would become the sole representative of China.
Under this proposal, Taiwan would be guaranteed its own military,
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.
In 2005 the
Anti-Secession Law of the PRC was enacted. It promises the lands currently ruled by the authorities of Taiwan a high degree of autonomy, among other things.
The PRC can also employ non-peaceful means and other necessary measures to defend its claims to sovereignty over the ROC's territories in the event of an outright declaration of independence by Taiwan (ROC).
[United Nations refugee agency.]
UNHCR
." ''Anti-Secession Law (No. 34).'' Retrieved on 14 December 2009.
In January 2019, the 40-year anniversary of a statement made by the PRC to Taiwan in 1979,
Chinese Communist Party
The Communist Party of China (CPC), also translated into English as Chinese Communist Party (CCP), is the founding and One-party state, sole ruling party of the People's Republic of China (PRC). Founded in 1921, the CCP emerged victorious in the ...
general secretary Xi Jinping outlined in a speech how the "one country, two systems" principle would be applied to Taiwan.
Several major points from the speech include:
* Taiwan would be a special administrative region of China, and part of the PRC. The ROC would no longer exist.
* Taiwan's institutions would metamorphose into sub-national bodies.
* Taiwan's social system and economic lifestyle would be respected.
* Taiwan's private property rights, belief systems, and "legitimate rights and interests" would be safeguarded.
* The "Taiwan issue" should not be passed down from generation to generation (i.e. reunification should be done promptly).
* The reunification of Taiwan would lead to the "
great rejuvenation of the Chinese nation".
Wolong
The
Wolong Special Administrative Region[Wolong Introduction](_blank)
() is located in the southwest of
Wenchuan County
Wenchuan County is a County (People's Republic of China), county in Ngawa Tibetan and Qiang Autonomous Prefecture, Sichuan, China.
The county has an area of , and a population of 100,771 as of 2010.
Wolong National Nature Reserve is a protected ...
,
Ngawa Tibetan and Qiang Autonomous Prefecture of Sichuan. It was formerly known as Wolong Special Administrative Region of Wenchuan County, Sichuan Province and was founded in March 1983 with approval of the State Council. It was given its current name and placed under Sichuan provincial government with administrative supervision by the provincial department of forestry. Its area supersedes Sichuan
Wolong National Nature Reserve and its administrative office is the same as the Administrative Bureau of the State Forestry Administration for the reserve. It currently has a population of 5,343.
Despite its name, This is primarily because the Wolong Special Administrative Region was established with the approval of the State Council, rather than "by law enacted by the National People's Congress" as stipulated in Article 31 of the Constitution.
Defunct SARs
In the
Republic of China
Taiwan, officially the Republic of China (ROC), is a country in East Asia. The main geography of Taiwan, island of Taiwan, also known as ''Formosa'', lies between the East China Sea, East and South China Seas in the northwestern Pacific Ocea ...
(ROC) era between 1912 and 1949, the "special administrative regions" () were historically used to designate special areas by the
Beiyang government, most of which were eventually converted into
provinces by the
Nationalist government
The Nationalist government, officially the National Government of the Republic of China, refers to the government of the Republic of China (1912–1949), Republic of China from 1 July 1925 to 20 May 1948, led by the nationalist Kuomintang (KMT ...
in 1928. All were suspended or abolished after the end of the
Chinese Civil War
The Chinese Civil War was fought between the Kuomintang-led Nationalist government, government of the Republic of China (1912–1949), Republic of China and the forces of the Chinese Communist Party (CCP). Armed conflict continued intermitt ...
, with the establishment of the People's Republic of China (PRC) and the ROC government's
retreat to
Taiwan
Taiwan, officially the Republic of China (ROC), is a country in East Asia. The main geography of Taiwan, island of Taiwan, also known as ''Formosa'', lies between the East China Sea, East and South China Seas in the northwestern Pacific Ocea ...
, but they continued to exist as provinces under ROC law. The regions were:
See also
*
Autonomous regions of China
The autonomous regions ( zh, s=自治区, p=Zìzhìqū) are one of four types of province-level divisions of China, province-level divisions of the People's Republic of China. Like provinces of China, Chinese provinces, an autonomous regio ...
*
Constitution of China
*
Federacy
*
History of Hong Kong
**
British Hong Kong
Hong Kong was under British Empire, British rule from 1841 to 1997, except for a Japanese occupation of Hong Kong, brief period of Japanese occupation during World War II from 1941 to 1945. It was a crown colony of the United Kingdom from 1841 ...
(1841-1997)
*
History of Macau
**
Portuguese Macau (1557-1999)
Notes
References
{{Macau topics
Province-level divisions of China