| Special Administrative Regions | |||||||||||||
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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 | Regiões administrativas especiais
(Singular form: Região administrativa especial) |
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This article is part of the series: |
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Provinces Autonomous regions Municipalities Special administrative regions |
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Sub-provincial autonomous prefectures Sub-provincial cities Sub-provincial new areas |
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Prefectures Autonomous prefectures Prefecture-level cities Leagues |
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Sub-prefecture-level
Sub-prefectural-level cities |
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Counties Autonomous counties County-level cities City districts Banners Autonomous banners Forestry areas Special districts |
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Townships Ethnic townships Towns Subdistricts Sumus Ethnic sumus District public offices (abolishing) |
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Village Committees Neighborhood Committees |
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A special administrative region (SAR) is a provincial-level[1] administrative division[2][3] 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".[4]
At present, there are two special administrative regions, namely Hong Kong and Macau, which were former British and Portuguese territories respectively.[5] 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."[6]
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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| Name | Chinese (T) | Chinese (S) | Pinyin | Postal map | Abb.¹ | Population | Area KM² | Region | ISO | Admin. Division |
|---|---|---|---|---|---|---|---|---|---|---|
| Hong Kong | 香港 | 香港 | Xiānggǎng | Hong Kong | 港 gǎng | 7,008,900 | 1,104 | N/A | CN-91 | List |
| Macau | 澳門 | 澳门 | Àomén | Macau | 澳 ào | 546,200 | 29.5 | N/A | CN-92 | List |
The two special administrative regions of Hong Kong and Macau (created in 1997 and 1999 respectively) each have a codified constitution called Basic Law.[5] 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.[5]
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.[8] They have their own Courts of Final Appeal.[9] According to the Joint Declaration HK SAR enjoys a high degree of autonomy, except in matters of foreign policy and defense.[10]
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.[11]
The People's Liberation Army 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.[12] 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.[12] 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.[10]
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.[12] There are many PLA-run corporations in Hong Kong. The PLA also have sizable land-holdings in Hong Kong worth billions of dollars.[12]
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:
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.
The status of a special administrative region was first offered to Taiwan and other areas controlled by the Republic of China in 1981.[5] The 1981 proposal was put forth by Ye Jianying called "Ye's nine points" (葉九條).[13] 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).[13] It was envisioned that after Taiwan's unification with the PRC as a SAR, the PRC would become the sole representative of China.[13] Under this proposal, Taiwan would be allowed to manage its own military.[13] 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.[13] 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.[14] Under the law, the residents of the areas that are ruled by the Republic of China would give up their right to self-determination.[15] The PRC can also employ non-peaceful means and other necessary measures to protect China's sovereignty from Taiwanese independence forces.[14]
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