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Special administrative region (People's Republic of China)
Encyclopedia
A special administrative region (SAR) 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
(while the administrative divisions are provided by Article 30 of the Constitution.) 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 special administrative regions, namely Hong Kong
and Macau
, which were former British and Portuguese
territories respectively. Neither of them is part of any other administrative division. Each of them has a Chief executive (gubernatorial)
. Each territory has its Basic Law
, and in both basic laws there is an article stating that the territory is a "local administrative region of the People's Republic of China, which shall enjoy a high degree of autonomy
and come directly under the Central People's Government."
The provision to establish special administrative regions appeared in the constitution in 1982, in anticipation of the talks with the United Kingdom
over the question of the sovereignty over Hong Kong. It was envisioned as the model for the eventual reunification with Taiwan
and other islands, where the Republic of China
has resided since 1949. Special administrative regions should not be confused with special economic zones, which are areas in which special economic laws apply to promote trade and investments.
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
.
authorizes the SAR to exercise a high degree of autonomy and enjoy executive, legislative and independent judicial power. They have their own Courts of Final Appeal. According to the Joint Declaration
HK SAR enjoys a high degree of autonomy, except in matters of foreign policy and defense.
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 do 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 disasters. Defence is the responsibility of the PRC government.
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. There are many PLA-run corporations in Hong Kong. The PLA also have sizable land-holdings in Hong Kong worth billions of dollars.
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.
Due to their colonial past, many inhabitants of the SARs hold some form of non-Chinese nationality (e.g. British National (Overseas)
status, United Kingdom
citizenship or Portuguese
citizenship), however residents of Chinese descent have always been considered as Chinese citizens by the PRC. Special interpretation of the Nationality Law, while not recognizing 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
and the holder may not enjoy consular protection while in mainland 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.
and other areas controlled by the Republic of China
in 1981. The 1981 proposal was put forth by Ye Jianying
called "Ye's nine points" (葉九條). 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). It was envisioned that after Taiwan's unification with the PRC as a SAR, the PRC would become the sole representative of China. Under this proposal, Taiwan would be allowed to manage its own military. 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. 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 the lands currently ruled by the Republic of China a high degree of autonomy, among other things. Under the law, the residents of the areas that are ruled by the Republic of China would give up their right to self-determination. The PRC can also employ non-peaceful means and other necessary measures to protect China's sovereignty from Taiwanese independence forces.
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...
, for which creation is provided by Article 31 of the 1982 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...
(while the administrative divisions are provided by Article 30 of the Constitution.) 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 special administrative regions, namely 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...
and 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...
, which were former British and Portuguese
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...
territories respectively. Neither of them is part of any other administrative division. Each of them has a Chief executive (gubernatorial)
Chief executive (gubernatorial)
Chief Executive is a term used for certain gubernatorial offices, expressing the nature of their job being analogous to a head of government.Commonly used to refer to Presidential powers given by the constitution...
. Each territory has its Basic Law
Basic Law
The term basic law is used in some places as an alternative to "constitution", implying it is a temporary but necessary measure without formal enactment of constitution. A basic law is either a codified constitution, or in countries with uncodified constitutions, a law given to have constitution...
, and in both basic laws there is an article stating that the territory is a "local administrative region of the People's Republic of China, which shall enjoy a high degree of autonomy
Autonomy
Autonomy is a concept found in moral, political and bioethical philosophy. Within these contexts, it is the capacity of a rational individual to make an informed, un-coerced decision...
and come directly under the Central People's Government."
The provision to establish special administrative regions appeared in the constitution in 1982, in anticipation of the talks with 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...
over the question of the sovereignty over Hong Kong. It was envisioned as the model for the eventual reunification with 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...
and other islands, where 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...
has resided since 1949. Special administrative regions should not be confused with special economic zones, which are areas in which special economic laws apply to promote trade and investments.
List of special administrative regions
| Name | Chinese (T) | Chinese (S) | Pinyin Pinyin Pinyin is the official system to transcribe Chinese characters into the Roman alphabet in China, Malaysia, Singapore and Taiwan. It is also often used to teach Mandarin Chinese and spell Chinese names in foreign publications and used as an input method to enter Chinese characters into... |
Postal map | Abb.¹ | Population | Area KM² | Region | ISO ISO 3166-2:CN ISO 3166-2:CN is the entry for China in ISO 3166-2, part of the ISO 3166 standard published by the International Organization for Standardization , which defines codes for the names of the principal subdivisions of all countries coded in ISO 3166-1.Currently for China, ISO 3166-2 codes are defined... |
Admin. Division |
|---|---|---|---|---|---|---|---|---|---|---|
 Hong Kong |
Xiānggǎng | Hong Kong | gǎng | 7,008,900 | 1,104 | N/A | CN-91 | List Districts of Hong Kong The Districts of Hong Kong are the 18 political areas by which Hong Kong is geographically divided. Each district has a district council, which was formerly known as a district board. The districts were established in the early 1980s, when Hong Kong was under British rule... |
||
 Macau |
Àomén | Macau | ào | 546,200 | 29.5 | N/A | CN-92 | List Municipalities of Macau The councils and assemblies of the municipalities of Macau were abolished on 1 January 2002, and their functions transferred to the Instituto para os Assuntos Cívicos e Municipais, slightly more than 2 years after Macau became a special administrative region of the People's Republic of China... |
||
Special situation
The two special administrative regions of Hong Kong and Macau (created in 1997 and 1999 respectively) each have a codified constitutionConstitution
A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is...
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
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...
" proposed by Deng Xiaoping
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...
.
High degree of autonomy
Currently, the two SARs of Hong Kong and Macau are responsible for all issues except diplomatic relations and national defense. Consequently, the National People's CongressNational 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...
authorizes the SAR to exercise a high degree of autonomy and enjoy executive, legislative and independent judicial power. They have their own Courts of Final Appeal. According to the Joint Declaration
Sino-British 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...
HK SAR enjoys a high degree of autonomy, except in matters of foreign policy and defense.
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 participate under the respective names of "Hong Kong, China" and "Macau, China", and compete as different entities.Defence and military
The People's Liberation ArmyPeople's Liberation Army
The People's Liberation Army is the unified military organization of all land, sea, strategic missile and air forces of the People's Republic of China. The PLA was established on August 1, 1927 — celebrated annually as "PLA Day" — as the military arm of the Communist Party of China...
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 do 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 disasters. Defence is the responsibility of the PRC government.
A 1996 draft PRC law banned People's Liberation Army
People's Liberation Army
The People's Liberation Army is the unified military organization of all land, sea, strategic missile and air forces of the People's Republic of China. The PLA was established on August 1, 1927 — celebrated annually as "PLA Day" — as the military arm of the Communist Party of China...
-run businesses in HK, but loopholes allow them to operate while the profits are ploughed back into the military. There are many PLA-run corporations in Hong Kong. The PLA also have sizable 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 nationals of the PRC. PRC nationals 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.
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
Nationality Law of the People's Republic of China
The Nationality Law of the People's Republic of China regulates citizenship in the People's Republic of China . Such citizenship is obtained by birth when at least one parent is of Chinese nationality or by naturalization....
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)
British National (Overseas)
British National , commonly known as BN, is one of the major classes of British nationality under British nationality law. Holders of this nationality are British nationals and Commonwealth citizens, but not British Citizens...
status, 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...
citizenship or Portuguese
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...
citizenship), however residents of Chinese descent have always been considered as Chinese citizens by the PRC. Special interpretation of the Nationality Law, while not recognizing 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
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...
and the holder may not enjoy consular protection while in mainland 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.
Offer to Taiwan and other ROC-controlled areas
The status of a special administrative region was first offered to 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...
and other areas controlled by 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...
in 1981. The 1981 proposal was put forth by Ye Jianying
Ye Jianying
Ye Jianying was a Chinese communist general and the chairman of the Standing Committee of the National People's Congress from 1978 to 1983.-Biography:...
called "Ye's nine points" (葉九條). A series of different offers have since appeared. On June 25, 1983 Deng Xiaoping
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...
appeared at Seton Hall University
Seton Hall University
Seton Hall University is a private Roman Catholic university in South Orange, New Jersey, United States. Founded in 1856 by Archbishop James Roosevelt Bayley, Seton Hall is the oldest diocesan university in the United States. Seton Hall is also the oldest and largest Catholic university in the...
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). It was envisioned that after Taiwan's unification with the PRC as a SAR, the PRC would become the sole representative of China. Under this proposal, Taiwan would be allowed to manage its own military. 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. 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 the lands currently ruled by the Republic of China a high degree of autonomy, among other things. Under the law, the residents of the areas that are ruled by the Republic of China would give up their right to self-determination. The PRC can also employ non-peaceful means and other necessary measures to protect China's sovereignty from Taiwanese independence forces.
See also
- Administrative divisions of the People's Republic of China
- Special administrative regionSpecial administrative regionA special administrative region, or SAR may be:People's Republic of China* Special Administrative Region of the People's Republic of China, self-governing country subdivision in Hong Kong and Macau...
- Special administrative region (Republic of China)Special administrative region (Republic of China)In the subdivision of the Republic of China , "special administrative regions" were historically used to designate special areas, most of which were eventually converted into provinces...