2014 paper on comprehensive jurisdiction over HKSAR
The Practice of the 'One Country, Two Systems' Policy in the Hong Kong Special Administrative Region () is a white paper issued by the Information Office of the State Council of the People's Republic of China (PRC) on the practice of the "one country, two systems" policy in the Hong Kong Special Administrative Region (HKSAR) on 10 June 2014 in the midst of public debate on the 2014 Hong Kong electoral reform and preparations for the Occupy Central movement by the pan-democracy camp.
Peking University legal theorist Jiang Shigong has been cited by "Apple Daily" as an author of the report.
Content.
The white paper provided a historical review over the design and implementation of One Country, Two Systems (OCTS). While the White Paper itself has no binding legal authority, it is regarded a significant statement of the Central Authorities on the framework of the OCTS policy.
No Residual Powers.
The white paper is the first official policy document that the Central Authorities have released to provide response to the issue of residual powers. It stated that the scope of Hong Kong’s high degree of autonomy is not inherent, but solely determined by the Central Authorities’ delegation of power.180 Thus, the White Paper concluded that there is no residual power for the HKSAR. Any power the Central Authorities did not explicitly authorize to the Hong Kong Special Administrative Region through the Basic Law is retained by the Central Authorities.
The white paper asserts that:
Comprehensive Jurisdiction.
The white paper reasserts the "comprehensive jurisdiction" of Central Authorities over all of China, including the Hong Kong Special Administrative Region.180 The Paper provides no further explanation to the term. A speech made in 2017 by Zhang Dejiang, then-Chairman of the Standing Committee of the National People's Congress, provided that the overall jurisdiction includes powers in eight aspects:
Patriots administering Hong Kong.
The white paper stresses that loving the country is the basic principle for Hong Kong's administrators, including:
The white paper further states the responsibilities for administrators of Hong Kong:
Foreign interference.
The Central Authorities have also stated its opinion on foreign interference over the Hong Kong Special Administrative Region:
Reception.
The white paper ignited a firestorm of criticism from various sectors in Hong Kong who worried that the Communist leadership was reneging on its pledges to abide by the “one country, two systems” policy that allows for a democratic, autonomous Hong Kong under Beijing’s rule.
References.
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