One country, two systems
Encyclopedia
"One country, two systems" is an idea originally proposed by Deng Xiaoping
, then Paramount Leader
of the People's Republic of China
(PRC), for the reunification of China
during the early 1980s. He suggested that there would be only one China
, but independent Chinese regions such as Hong Kong
, Macau
and Taiwan
, could have their own capitalist
economic and political systems, while the rest of China uses the socialist system. Under the suggestion, each of the three regions could continue to have its own political system, legal, economic and financial affairs, including commercial and cultural agreements with foreign countries, and would enjoy "certain rights" in foreign affairs. Taiwan could continue to maintain its own military force, thus evading recognition of Taiwan as part of the Republic of China
.
proposed to apply the principle to Hong Kong in the negotiation with the British Prime Minister
, Margaret Thatcher
over the future of Hong Kong when the lease of the New Territories
(including New Kowloon
) of Hong Kong to the United Kingdom
was to expire in 1997. The same principle was proposed in talks with Portugal
about Macau.
The principle is that, upon reunification, despite the practice of socialism in mainland China
, both Hong Kong and Macau, which were colonies of the UK and Portugal respectively, can retain their established system under a high degree of autonomy for at least 50 years after reunification. What will happen after 2047 (Hong Kong) and 2049 (Macau) has never been publicly stated.
Chapter 1, Article 5 of the Hong Kong Basic Law
, the constitutional document of the Hong Kong Special Administrative Region, reads:
The establishment of these regions, called special administrative regions
(SARs), is authorized by Article 31 of the Constitution of the People's Republic of China
, which states that the State may establish SARs when necessary, and that the systems to be instituted in them shall be prescribed by law enacted by the National People's Congress
in light of the specific conditions.
The SARs of Hong Kong and Macau were formally established on 1 July 1997 and 20 December 1999 respectively, immediately after the People's Republic of China (PRC) assumed the sovereignty over the respective regions.
and courts of last resort
, immigration
and customs
, public finance
, currencies
and extradition
. Diplomatic relations and national defense
of the two SARs however, is the responsibility of the Central People's Government
in Beijing
.
Hong Kong continues using English common law. Macau continues using the Portuguese civil law system
.
As stipulated by the basic laws, while the Central People's Government of the PRC is responsible for foreign affairs and defense in relation to the SARs, representatives of the Government of the SARs may participate, as members of delegations of the PRC, in diplomatic negotiations that directly affect the Regions, and in other international organizations or conferences limited to states and affecting the region. For those international organizations and conferences not limited to states, the SARs may participate using the names in the form of Hong Kong, China and Macau, China. As separate economic entities, both SARs of Hong Kong and Macau are members of the World Trade Organization
. Hong Kong is also one of the member economies of APEC.
The basic laws also provide constitutional protection on various fundamental human rights
and freedoms. Specifically, the International Covenant on Civil and Political Rights
is given a constitutional status through the basic laws.
Some international observers and human rights organizations have expressed doubts about the future of the relative political freedoms enjoyed in Hong Kong, and about the PRC's pledge to allow a high degree of autonomy in Hong Kong. They considered, for example, that the proposals in Article 23 of the Basic Law
in 2003 (which was withdrawn due to mass opposition) might have undermined autonomy.
Nonetheless, the governments of the People's Republic of China and Hong Kong both consider the principle to have been successfully implemented, quoting official reports of both the United Kingdom
and the United States
.
, but the Republic of China (ROC)
government has refused this suggestion (it has also been claimed that the system was originally designed for Taiwan). Special provisions for the preservation of the military in Taiwan have also been proposed. All of the major parties in Taiwan, including those that lean toward Chinese reunification
, have come out strongly against "One country, two systems". Some proposed "One country, two governments" which was opposed by the Chinese communist party, while some proposed the "one country" in "One country, two systems" should be ROC instead of PRC. One of the few Taiwanese who have publicly supported "one country, two systems" is novelist Li Ao
.
Although the "One country, two systems" guarantees that Hong Kong's economic and political system
s will not be changed for 50 years after the British handover in 1997, Mainland Affairs Council
of the Republic of China has cited 169 cases in which they claim the PRC has breached the right of the people of Hong Kong to self-rule and severely intervened in the judicial system as well as freedom of speech.
Since the accession of Hu Jintao
, the PRC has stopped promoting immediate reunification via "one country, two systems" (although it remains official policy). The "one country, two systems" framework was not mentioned in the Anti-Secession Law of the People's Republic of China
. A new policy of gradual economic integration and political exchanges is now preferred: this new policy was emphasized during the 2005 Pan-Blue visits to mainland China
as well as all subsequent major cross-strait exchanges.
's 2005 proposal for "high-level autonomy" for Tibet
, evolved from a position of advocating Tibetan independence, has been compared to one country, two systems. He has said that his proposals should be acceptable to China because "one country, two systems" is accommodated for in the Chinese Constitution. State media refuted this claim, pointing out that "one country, two systems" was designed for the capitalist social systems of Hong Kong and Macau, which had not ever existed in Tibet.
Deng Xiaoping
Deng Xiaoping was a Chinese politician, statesman, and diplomat. As leader of the Communist Party of China, Deng was a reformer who led China towards a market economy...
, then Paramount Leader
Paramount leader
Paramount leader literally "the highest leader of the party and the state ", in modern Chinese political science, unofficially refers to the political leader of the People's Republic of China....
of the People's Republic of China
People's Republic of China
China , officially the People's Republic of China , is the most populous country in the world, with over 1.3 billion citizens. Located in East Asia, the country covers approximately 9.6 million square kilometres...
(PRC), for the reunification of China
Chinese reunification
Chinese reunification refers to the bringing together of all of the territories controlled by the People's Republic of China and the Republic of China under a single political entity...
during the early 1980s. He suggested that there would be only one China
One-China policy
The One-China policy refers to the policy or view that there is only one state called "China", despite the existence of two governments that claim to be "China"....
, but independent Chinese regions such as Hong Kong
Hong Kong
Hong Kong is one of two Special Administrative Regions of the People's Republic of China , the other being Macau. A city-state 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...
, Macau
Macau
Macau , also spelled Macao , is, along with Hong Kong, one of the two special administrative regions of the People's Republic of China...
and Taiwan
Taiwan
Taiwan , also known, especially in the past, as Formosa , is the largest island of the same-named island group of East Asia in the western Pacific Ocean and located off the southeastern coast of mainland China. The island forms over 99% of the current territory of the Republic of China following...
, could have their own capitalist
Capitalism
Capitalism is an economic system that became dominant in the Western world following the demise of feudalism. There is no consensus on the precise definition nor on how the term should be used as a historical category...
economic and political systems, while the rest of China uses the socialist system. Under the suggestion, each of the three regions could continue to have its own political system, legal, economic and financial affairs, including commercial and cultural agreements with foreign countries, and would enjoy "certain rights" in foreign affairs. Taiwan could continue to maintain its own military force, thus evading recognition of Taiwan as part of the Republic of China
Republic of China
The Republic of China , commonly known as Taiwan , is a unitary sovereign state located in East Asia. Originally based in mainland China, the Republic of China currently governs the island of Taiwan , which forms over 99% of its current territory, as well as Penghu, Kinmen, Matsu and other minor...
.
Hong Kong and Macau
In 1984, Deng XiaopingDeng Xiaoping
Deng Xiaoping was a Chinese politician, statesman, and diplomat. As leader of the Communist Party of China, Deng was a reformer who led China towards a market economy...
proposed to apply the principle to Hong Kong in the negotiation with the British Prime Minister
Prime Minister of the United Kingdom
The Prime Minister of the United Kingdom of Great Britain and Northern Ireland is the Head of Her Majesty's Government in the United Kingdom. The Prime Minister and Cabinet are collectively accountable for their policies and actions to the Sovereign, to Parliament, to their political party and...
, Margaret Thatcher
Margaret Thatcher
Margaret Hilda Thatcher, Baroness Thatcher, was Prime Minister of the United Kingdom from 1979 to 1990...
over the future of Hong Kong when the lease of the New Territories
New Territories
New Territories is one of the three main regions of Hong Kong, alongside Hong Kong Island and the Kowloon Peninsula. It makes up 86.2% of Hong Kong's territory. Historically, it is the region described in The Convention for the Extension of Hong Kong Territory...
(including New Kowloon
New Kowloon
New Kowloon is an area in Kowloon, Hong Kong, bounded in the south by Boundary Street, and in the north by the ranges of the Lion Rock, Beacon Hill, Tate's Cairn and Kowloon Peak...
) of Hong Kong to the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
was to expire in 1997. The same principle was proposed in talks with Portugal
Portugal
Portugal , officially the Portuguese Republic is a country situated in southwestern Europe on the Iberian Peninsula. Portugal is the westernmost country of Europe, and is bordered by the Atlantic Ocean to the West and South and by Spain to the North and East. The Atlantic archipelagos of the...
about Macau.
The principle is that, upon reunification, despite the practice of socialism in mainland China
Mainland China
Mainland China, the Chinese mainland or simply the mainland, is a geopolitical term that refers to the area under the jurisdiction of the People's Republic of China . According to the Taipei-based Mainland Affairs Council, the term excludes the PRC Special Administrative Regions of Hong Kong and...
, both Hong Kong and Macau, which were colonies of the UK and Portugal respectively, can retain their established system under a high degree of autonomy for at least 50 years after reunification. What will happen after 2047 (Hong Kong) and 2049 (Macau) has never been publicly stated.
Chapter 1, Article 5 of the Hong Kong Basic Law
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...
, the constitutional document of the Hong Kong Special Administrative Region, reads:
The establishment of these regions, called special administrative regions
Special administrative region (People's Republic of China)
A special administrative region is a provincial-level administrative division of the People's Republic of China, for which creation is provided by Article 31 of the 1982 Constitution of the People's Republic of China Article 31 reads "The state may establish special administrative regions when...
(SARs), is authorized by Article 31 of the Constitution of the People's Republic of China
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...
, which states that the State may establish SARs when necessary, and that the systems to be instituted in them shall be prescribed by law enacted by the National People's Congress
National People's Congress
The National People's Congress , abbreviated NPC , is the highest state body and the only legislative house in the People's Republic of China. The National People's Congress is held in the Great Hall of the People, Beijing, capital of the People's Republic of China; with 2,987 members, it is the...
in light of the specific conditions.
The SARs of Hong Kong and Macau were formally established on 1 July 1997 and 20 December 1999 respectively, immediately after the People's Republic of China (PRC) assumed the sovereignty over the respective regions.
Framework
The two SARs of Hong Kong and Macau are responsible for their domestic affairs including, but not limited to, the judiciaryJudiciary
The judiciary is the system of courts that interprets and applies the law in the name of the state. The judiciary also provides a mechanism for the resolution of disputes...
and courts of last resort
Court of Final Appeal
The Court of Final Appeal of Hong Kong is the court with the final adjudication power on the laws of Hong Kong.Before 1 July 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...
, immigration
Immigration
Immigration is the act of foreigners passing or coming into a country for the purpose of permanent residence...
and customs
Customs
Customs is an authority or agency in a country responsible for collecting and safeguarding customs duties and for controlling the flow of goods including animals, transports, personal effects and hazardous items in and out of a country...
, public finance
Public finance
Public finance is the revenue and expenditure of public authoritiesThe purview of public finance is considered to be threefold: governmental effects on efficient allocation of resources, distribution of income, and macroeconomic stabilization.-Overview:The proper role of government provides a...
, currencies
Currency
In economics, currency refers to a generally accepted medium of exchange. These are usually the coins and banknotes of a particular government, which comprise the physical aspects of a nation's money supply...
and extradition
Extradition
Extradition is the official process whereby one nation or state surrenders a suspected or convicted criminal to another nation or state. Between nation states, extradition is regulated by treaties...
. Diplomatic relations and national defense
Defense (military)
Defense has several uses in the sphere of military application.Personal defense implies measures taken by individual soldiers in protecting themselves whether by use of protective materials such as armor, or field construction of trenches or a bunker, or by using weapons that prevent the enemy...
of the two SARs however, is the responsibility of the Central People's Government
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.-History:...
in Beijing
Beijing
Beijing , also known as Peking , is the capital of the People's Republic of China and one of the most populous cities in the world, with a population of 19,612,368 as of 2010. The city is the country's political, cultural, and educational center, and home to the headquarters for most of China's...
.
Hong Kong continues using English common law. Macau continues using the Portuguese civil law system
Civil law (legal system)
Civil law is a legal system inspired by Roman law and whose primary feature is that laws are codified into collections, as compared to common law systems that gives great precedential weight to common law on the principle that it is unfair to treat similar facts differently on different...
.
Implementation
In Hong Kong, the system has been implemented through the Basic Law of Hong Kong, which serves as the "mini-constitution" of the region, and consistent with the Sino-British Joint Declaration. Similar arrangements are in place with Macau. Under the respective basic laws, the SARs have a high degree of autonomy and enjoy executive, legislative and independent judicial power, including that of final adjudication. They formulate their own monetary and financial policies, maintain their own currencies, formulate their own policies on education, culture, sports, social welfare system, etc. within the framework of the basic laws.As stipulated by the basic laws, while the Central People's Government of the PRC is responsible for foreign affairs and defense in relation to the SARs, representatives of the Government of the SARs may participate, as members of delegations of the PRC, in diplomatic negotiations that directly affect the Regions, and in other international organizations or conferences limited to states and affecting the region. For those international organizations and conferences not limited to states, the SARs may participate using the names in the form of Hong Kong, China and Macau, China. As separate economic entities, both SARs of Hong Kong and Macau are members of the World Trade Organization
World Trade Organization
The World Trade Organization is an organization that intends to supervise and liberalize international trade. The organization officially commenced on January 1, 1995 under the Marrakech Agreement, replacing the General Agreement on Tariffs and Trade , which commenced in 1948...
. Hong Kong is also one of the member economies of APEC.
The basic laws also provide constitutional protection on various fundamental human rights
Human rights
Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...
and freedoms. Specifically, the International Covenant on Civil and Political Rights
International Covenant on Civil and Political Rights
The International Covenant on Civil and Political Rights is a multilateral treaty adopted by the United Nations General Assembly on December 16, 1966, and in force from March 23, 1976...
is given a constitutional status through the basic laws.
Some international observers and human rights organizations have expressed doubts about the future of the relative political freedoms enjoyed in Hong Kong, and about the PRC's pledge to allow a high degree of autonomy in Hong Kong. They considered, for example, that the proposals in Article 23 of the Basic Law
Hong Kong Basic Law Article 23
Hong Kong Basic Law Article 23 is the basis of a security law proposed by the Government of Hong Kong. It states:On 24 September 2002 the government released its proposals for the anti-subversion law. It is the cause of considerable controversy and division in Hong Kong, which operates as a...
in 2003 (which was withdrawn due to mass opposition) might have undermined autonomy.
Nonetheless, the governments of the People's Republic of China and Hong Kong both consider the principle to have been successfully implemented, quoting official reports of both the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
and the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
.
Republic of China/Taiwan
This system has also been proposed by the PRC government for TaiwanTaiwan
Taiwan , also known, especially in the past, as Formosa , is the largest island of the same-named island group of East Asia in the western Pacific Ocean and located off the southeastern coast of mainland China. The island forms over 99% of the current territory of the Republic of China following...
, but the Republic of China (ROC)
Republic of China
The Republic of China , commonly known as Taiwan , is a unitary sovereign state located in East Asia. Originally based in mainland China, the Republic of China currently governs the island of Taiwan , which forms over 99% of its current territory, as well as Penghu, Kinmen, Matsu and other minor...
government has refused this suggestion (it has also been claimed that the system was originally designed for Taiwan). Special provisions for the preservation of the military in Taiwan have also been proposed. All of the major parties in Taiwan, including those that lean toward Chinese reunification
Chinese reunification
Chinese reunification refers to the bringing together of all of the territories controlled by the People's Republic of China and the Republic of China under a single political entity...
, have come out strongly against "One country, two systems". Some proposed "One country, two governments" which was opposed by the Chinese communist party, while some proposed the "one country" in "One country, two systems" should be ROC instead of PRC. One of the few Taiwanese who have publicly supported "one country, two systems" is novelist Li Ao
Li Ao
Li Ao , is a writer, social commentator, historian, and independent politician in the Republic of China .He is considered by many to be one of the most important modern Chinese essayists today, although critics have termed him an intellectual narcissist...
.
Although the "One country, two systems" guarantees that Hong Kong's economic and political system
Political system
A political system is a system of politics and government. It is usually compared to the legal system, economic system, cultural system, and other social systems...
s will not be changed for 50 years after the British handover in 1997, Mainland Affairs Council
Mainland Affairs Council
The Mainland Affairs Council is a cabinet-level administrative agency under the Executive Yuan of the Republic of China. The MAC is responsible for the planning, development, and implementation of policies between the Free Area of the Republic of China, commonly known as Taiwan, and the People's...
of the Republic of China has cited 169 cases in which they claim the PRC has breached the right of the people of Hong Kong to self-rule and severely intervened in the judicial system as well as freedom of speech.
Since the accession of Hu Jintao
Hu Jintao
Hu Jintao is the current Paramount Leader of the People's Republic of China. He has held the titles of General Secretary of the Communist Party of China since 2002, President of the People's Republic of China since 2003, and Chairman of the Central Military Commission since 2004, succeeding Jiang...
, the PRC has stopped promoting immediate reunification via "one country, two systems" (although it remains official policy). The "one country, two systems" framework was not mentioned in the Anti-Secession Law of the People's Republic of China
Anti-Secession Law of the People's Republic of China
The Anti-Secession Law is a law of the People's Republic of China. It was passed by the third conference of the 10th National People's Congress of the People's Republic of China . It was ratified on March 14, 2005, and went into effect immediately. Hu Jintao, President of the People's Republic of...
. A new policy of gradual economic integration and political exchanges is now preferred: this new policy was emphasized during the 2005 Pan-Blue visits to mainland China
2005 Pan-Blue visits to mainland China
The 2005 Pan-Blue visits to mainland China were a series of groundbreaking visits by delegations of the Kuomintang to mainland China. They were hailed as the highest level of exchange between the Communist Party of China and the Kuomintang since Chiang Kai-shek and Mao Zedong met in Chongqing,...
as well as all subsequent major cross-strait exchanges.
Comparison to proposals for Tibet
The 14th Dalai Lama14th Dalai Lama
The 14th Dalai Lama is the 14th and current Dalai Lama. Dalai Lamas are the most influential figures in the Gelugpa lineage of Tibetan Buddhism, although the 14th has consolidated control over the other lineages in recent years...
's 2005 proposal for "high-level autonomy" for Tibet
Tibet
Tibet is a plateau region in Asia, north-east of the Himalayas. It is the traditional homeland of the Tibetan people as well as some other ethnic groups such as Monpas, Qiang, and Lhobas, and is now also inhabited by considerable numbers of Han and Hui people...
, evolved from a position of advocating Tibetan independence, has been compared to one country, two systems. He has said that his proposals should be acceptable to China because "one country, two systems" is accommodated for in the Chinese Constitution. State media refuted this claim, pointing out that "one country, two systems" was designed for the capitalist social systems of Hong Kong and Macau, which had not ever existed in Tibet.
See also
- Administrative divisions of the People's Republic of China
- Special Administrative Region of the People's Republic of China
- Special Economic ZoneSpecial Economic ZoneA Special Economic Zone is a geographical region that has economic and other laws that are more free-market-oriented than a country's typical or national laws...
- Hong Kong Basic LawHong Kong Basic LawThe 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...
- Hong Kong law
- Legal system of Hong KongLegal system of Hong KongThe law of Hong Kong is based on the rule of law and the independence of the judiciary. The constitutional framework for the legal system is provided by the Hong Kong Basic Law. Under the principle of ‘one country, two systems’, the legal framework of Hong Kong is based on the English common law,...
- Basic Law of Macau
- Legal system of MacauLegal system of MacauMacau law is broadly based on Portuguese law, and therefore part of the civil law tradition of continental European legal systems. Portuguese law is itself highly influenced by German law...