Special Administrative Region of the People's Republic of China
| Special Administrative Region | |||||||||||||
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| Chinese name | |||||||||||||
| Traditional Chinese | 特別行政區 | ||||||||||||
| Simplified Chinese | 特别行政区 | ||||||||||||
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| Portuguese name | |||||||||||||
| Portuguese | Região administrativa especial [[Listen]] |
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History of the political divisions of China |
A special administrative region (SAR) is a provincial-level administrative division in the People's Republic of China, for which creation is provided by Article 31 of the Constitution of the People's Republic of China. 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".[1]
At present there are two special administrative regions, namely Hong Kong and Macau, which were British and Portuguese territories respectively.[2] Neither of them is part of any other administrative division. Each of them has a chief executive. 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."[3]
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.
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List of special administrative regions
| Name | Chinese (T) | Chinese (S) | Pinyin | Postal map | Abb.¹ | Population | Area KM² | Region | ISO | Admin. Division |
|---|---|---|---|---|---|---|---|---|---|---|
 Hong Kong |
香港 | 香港 | Xiānggǎng | Hongkong | 港 gǎng | 7,008,900 | 1,104 | South Central | CN-91 | List |
 Macau |
澳門 | 澳门 | Àomén | Macau | 澳 ào | 546,200 | 29.5 | South Central | CN-92 | List |
Special situation
The two special administrative regions of Hong Kong and Macau (created in 1997 and 1999 respectively) each have a codified constitution called Basic Law.[2] 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.[2]
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 Congress authorizes the SAR to exercise a high degree of autonomy and enjoy executive, legislative and independent judicial power.[5] HK and Macau are vested with independent judicial power, including final adjudication.[6] They have their own Courts of Final Appeal.[6] According to the Joint Declaration HK SAR enjoys a high degree of autonomy, except in matters of foreign policy and defence.[7]
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 are known as "Hong Kong, China" and "Macau, China" and compete as different countries.[8]
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.[9] There are many PLA-run corporations in Hong Kong. The PLA also have sizable land-holdings in Hong Kong worth billions of dollars.[9]
Defence and military
The People's Liberation Army is garrisoned in both the SARs. PRC authorities have said the PLA will not be allowed to interfere with HK's local affairs, and must abide by its laws.[9] 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.[9] The PLA do not participate in the governance of the SAR but the SAR may send for them in times of emergency such as natural disasters. Defence is the responsibility of the Central People's Government.[7]
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 in its respective realms, namely naturalisation, renunciation and restoration of PRC nationality and issuance of proof of nationality.
Offer to Taiwan and other ROC-controlled areas
The status of a special administrative region was first offered to Taiwan and other areas controlled by the Republic of China in 1981.[2] The 1981 proposal was put forth by Ye Jianying called "Ye's nine points" (葉九條).[10] 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).[10] After Taiwan's reunification with China as a SAR, the PRC would become the sole representative of China.[10] Under this proposal, Taiwan would be allowed to manage its own military.[10] 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.[10] 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 Taiwan a high degree of autonomy, among other things.[11] Under the law, the Taiwanese people would give up their right to self-determination.[12] China can also employ non-peaceful means and other necessary measures to protect China's sovereignty from Taiwan independence forces.[11]
See also
- Administrative divisions of China
- Special administrative region
- Special administrative region (Republic of China)
References
- ↑ Lauterpacht, Elihu. Greenwood, C. J. [1999] (1999). International Law Reports Volume 114 of International Law Reports Set Complete set. Cambridge University Press, 1999. ISBN 0521642442, 9780521642446. p 394.
- ↑ 2.0 2.1 2.2 2.3 Ghai, Yash P. [2000] (2000). Autonomy and ethnicity: negotiating competing claims in multi-ethnic states. Cambridge University Press. ISBN 0521786428, 9780521786423. p 92.
- ↑ Article 12, Basic Law of Hong Kong and Article 12, Basic Law of Macau
- ↑ References and details on data provided in the table can be found within the individual provincial articles.
- ↑ Chan, Ming K. Clark, David J. [1991] (1991). The Hong Kong Basic Law: blueprint for stability and prosperity under Chinese sovereignty? M.E. Sharpe publishing. ISBN 0873328353,9780873328357. pg 168.
- ↑ 6.0 6.1 Oliveira, Jorge. Cardinal, Paulo. [2009] (2009). One Country, Two Systems, Three Legal Orders - Perspectives of Evolution: Essays on Macau's Autonomy After the Resumption of Sovereignty by China. ISBN 3540685715, 9783540685715. p 212.
- ↑ 7.0 7.1 Zhang Wei-Bei. [2006] (2006). Hong Kong: the pearl made of British mastery and Chinese docile-diligence. Nova Publishers. ISBN 1594546002, 9781594546006.
- ↑ English.eastday.com. "English.eastday.com." China keeps low key at East Asian Games . Retrieved on 2009-12-13.
- ↑ 9.0 9.1 9.2 9.3 Gurtov, Melvin. Hwang, Byong-Moo Hwang. [1998] (1998). China's security: the new roles of the military. Lynne Rienner Publishing. ISBN 1555874347, 9781555874346. p 203-204.
- ↑ 10.0 10.1 10.2 10.3 10.4 Big5.china.com.cn. "Big5.china.com.cn." 鄧六條. Retrieved on 2009-12-14.
- ↑ 11.0 11.1 United Nations refugee agency. "UNHCR." Anti-Secession Law (No. 34). Retrieved on 2009-12-14.
- ↑ Taipeitimes.com. "Taipeitimes.com." Artists and academics protest `anti-secession' law. Retrieved on 2009-12-13.
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