Implementation of the principle of “one country, two systems” in Hong Kong: the position of the modern constitutional and legal doctrine of China

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Author: Lei Song

DOI: 10.21128/1812-7126-2024-4-128-144

Keywords: “one country, two systems”; PRC; Hong Kong; Constitution of PRC; Basic Law of Hong Kong; constitutional legislation

Abstract

The article examines the formation and implementation of the principle of “one country, two systems” in Hong Kong. This political principle, formulated in China at the beginning of the “reform and opening-up” course in 1978, is an important part of the process of peacefully restoring the territorial integrity of the country. Initially, it was intended to apply to Taiwan, but its implementation in practice began with Hong Kong (and Macau). The presentation of the principle of “one country, two systems” covers not only the process of political reorganization of Hong Kong, but also concerns issues of state sovereignty and security of China. In addition, this principle affects the interests of Hong Kong society in the field of ensuring stability and order in Hong Kong in the long term. After 1997, when Hong Kong returned to the People’s Republic of China (PRC), contradictions arose regarding the understanding and application of the principle of “one country, two systems”. One of the manifestations of this is the incorrect — from the point of view of the PRC — understanding of the content of this principle in Hong Kong. Another aspect of this set of issues is the complex political environment in Hong Kong. The wave of protests in 2019 against The Fugitive Offenders and Mutual Legal Assistance in Criminal Matters Legislation (Amendment) Bill 2019 has become the largest event in Hong Kong’s political life since its transfer to the PRC and the most difficult challenge for the implementation of the principle of “one country, two systems” in the Hong Kong special administrative region. The PRC’s position is that the principles of governance defined for Hong Kong in its Basic Law and the Constitution of the PRC should be strictly followed. At the same time, it is expected that the policy of protecting the national sovereignty and security of the PRC, development interests, and ensuring the long-term stability and prosperity of Hong Kong will be consistently implemented. The author of the article proposes the following four measures to solve these problems: 1) Hong Kong society should recognize the fundamentals of the political system of the PRC; 2) Hong Kong society should assume some responsibility for national security; 3) it is necessary to abandon the mindset of “opposing China and the need to fight” (逢中必反); 4) the public mood of “resisting the PRC” (拒中) needs to be revised, and violent and radical actions of “opposing the PRC” (抗中) and striving for “Hong Kong independence” (港独) should be suppressed.

About the author: Lei Song – Doctor of Pedagogy, Associate Professor, School of Marxism, Beijing Institute of Technology, Beijing, China; Doctoral Student, Faculty of Law, Lomonosov Moscow State University, Moscow.

Citation: Song L. (2024) Realizatsiya printsipa “odna strana, dve sistemy” v Gonkonge: pozitsiya sovremennoy konstitutsionno-pravovoy doktriny Kitaya [Implementation of the principle of “one country, two systems” in Hong Kong: the position of the modern constitutional and legal doctrine of China]. Sravnitel'noe konstitutsionnoe obozrenie, vol.33, no.4, pp.128–144. (In Russian).

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