Hong Kong's Political System

The Hong Kong Special Administrative Region (HKSAR), on the southern coast of China, is made up of Hong Kong Island, the Kowloon peninsula, the New Territories and several other small islands. The harbour, seven miles of deep sheltered water at Hong Kong's heart, is the source of the region's reputation as one of the greatest trading ports in Asia.

Under the principle of 'One Country, Two Systems', the Hong Kong SAR is underpinned by the Basic Law (a type of "mini-constitution") and the Joint Declaration which provide for a high degree of autonomy from the rest of China, except in the areas of foreign affairs and defence. The Basic Law and Joint Declaration also guarantee that for at least 50 years from the date of the handover of sovereignty from Britain to China (1 July 1997), Hong Kong's economic and social systems and way of life will remain unchanged; and fundamental rights and freedoms will be upheld.

Over 6.5 million people live in Hong Kong, 95% of whom are ethnic Chinese. Under the principle of "Hong Kong people running Hong Kong", the SAR is headed by a Chief Executive supported by an Executive Council and Legislative Council, and an impartial and professional civil service.

Basic Law and Joint Declaration

The Joint Declaration is an international treaty agreed between Britain and China in 1984 and registered at the United Nations. It lays down detailed and binding arrangements which guarantee that Hong Kong's way of life would remain unchanged until at least 2047. The Joint Declaration was welcomed both in Hong Kong and overseas as representing the best possible future for Hong Kong. It remains the cornerstone of British policy towards Hong Kong following the handover.

China's Basic Law for Hong Kong, which came into force on 1 July 1997, is basically a "mini-constitution" for the Hong Kong SAR. It gives legal effect in China and Hong Kong to the provisions of the Joint Declaration and expands on these in several areas. Hong Kong enjoys a high degree of autonomy under the principle of 'One Country, Two Systems'.

The Chief Executive

The Head of the Hong Kong SAR is the Chief Executive. Under the terms of the Basic Law, he must be a Chinese citizen and a permanent resident of the region who has lived in Hong Kong for a continuous period of not less than 20 years. The Chief Executive's powers are broadly similar to those of former Governors under British sovereignty. He has executive and legislative powers and appoints his own principal officials (subject to confirmation by the Chinese Government). He is selected by an election committee of 800 citizens intended to be broadly representative of Hong Kong and cannot serve more than two consecutive five-year terms. The Basic Law states that the ultimate aim is the selection of the Chief Executive by universal suffrage.

The Legislative Council

According to the Joint Declaration and the Basic Law, the Legislative Council (LegCo) is to be constituted by elections and composed of local people. In May 1998 Hong Kong held its first post-handover Legislative Council elections. The record number of candidates and the record level of voter turn-out demonstrated the determination of people in Hong Kong to play a full role in the democratic process. These were followed by new elections in September 2000. And in 2004 the third set of elections will be held, by which time half of the legislature will be democratically elected. The British Government hopes that the HKSAR Government will build on this, and work towards the early realisation of the Basic Law's ultimate aim of the election of all members of LegCo by universal suffrage.

The Judiciary

Hong Kong's judicial system, based on the common law system of England and Wales, continued after the handover. The only significant changes related to the establishment in Hong Kong of a Court of Final Appeal (CFA). Previously, power of final adjudication rested with the Judicial Committee of the Privy Council in London. The Joint Declaration provides that the courts will exercise judicial power independently and free from any interference, and that judges will be chosen with reference to their judicial qualities. They may be recruited from other common law jurisdictions, including the UK. Two serving British Law Lords, Lord Nicholls and Lord Hoffman, serve as members of the panel of CFA, and have judged cases in the Court of Final Appeal.

The Executive

Continuity in the Civil Service and preservation of its political impartiality and professionalism were key factors in ensuring Hong Kong's continuing stability and prosperity after the handover. However, on 1 July 2002, in order for the SAR Government to become more open and responsive to public demands, the Chief Executive introduced a new scheme for appointing top officials. Under this scheme, the Chief Executive chose political appointees instead of permanent civil servants to be his 14 Principal Officials. They are appointed on fixed-term contracts and are directly responsible to the Chief Executive. All 14 Principal Officials are members of the Executive Council (ExCo), making it more of a Cabinet-style body. The political appointees are supported by the Civil Service, which continues to be permanent, meritocratic and politically neutral.

Human Rights

The arrangements in the Joint Declaration for continuity in the judicial and legal systems, and for the maintenance of government accountable to an elected legislature, provide important safeguards for the rule of law in Hong Kong. Essentially, it is the rule of law that underpins the rights and freedoms of Hong Kong people. The Joint Declaration and Basic Law both provide explicitly for the protection of rights and freedoms in Hong Kong after the handover, including freedom of expression, religion, assembly, choice of occupation, right to strike and the right to own property.

The Joint Declaration also provides for the continued application of the International Covenant on Economic, Social and Cultural Rights (ICESCR) and International Covenant for Civil and Political Rights (ICCPR) in Hong Kong. The ICCPR is specifically implemented in Hong Kong law through the Bill of Rights Ordinance. Since the handover, the HKSAR Government has drafted reports on the implementation of the ICCPR and the ICESCR in Hong Kong and forwarded them to the Chinese Ministry of Foreign Affairs for submission to the UN. The Chinese Government has fulfilled its obligations to submit these reports in respect of Hong Kong to the UN.

In view of China's own record on human rights, many people expressed concern, before the handover, about the future of human rights in Hong Kong. The British Government believes that as long as the provisions in the Joint Declaration and Basic Law are respected, then there should be no threat to the freedoms and rights enjoyed by Hong Kong people. This is an area in which the British Government takes a close interest. The Foreign Secretary's regular reports to Parliament on the implementation of the Joint Declaration pay particular attention to human rights.

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