Special administrative regions of China explained

Conventional Long Name:Special administrative regions of the People's Republic of China
Flag Caption:National flag of the People's Republic of China
Other Symbol:
Languages Type:Official script
Government Type:One country, two systems
Leader Title1:CCP General Secretary
President of China
Leader Name1:Xi Jinping
Leader Title2:Premier of China
Leader Name2:Li Qiang
Leader Title3:Congress Chairman
Leader Name3:Zhao Leji
Leader Title4:Leader of the CCP Central Leading Group
Leader Name4:Ding Xuexiang
Leader Title5:Director of the Affairs Office
Leader Name5:Xia Baolong
Leader Name6:John Lee Ka-chiu
Leader Title7:Chief Executive of Macau
Leader Name7:Ho Iat Seng
Membership Type:Special Administrative Regions
Population Estimate Year:2014
Population Estimate:7,858,800[1] [2]
Population Density Km2:6920
Area Km2:2870.27
Special Administrative Region(s) of the People's Republic of China
P:Zhōnghuá Rénmín Gònghéguó Tèbié Xíngzhèngqū
W:Chung¹-hua² Jên²-min² Kung⁴-ho²-kuo² Tʻê⁴-pieh² Hsing²-chêng⁴-chʻü¹
Gr:Jonghwa Renmin Gonqhergwo Tehbye Shyngjenqchiu
Psp:Chunghwa Jenmin Kunghokuo Tepieh Hsingchengchu
Mi:pronounced as /tʰɤ̂.pjě ɕǐŋ.ʈʂə̂ŋ.tɕʰý/
Y:Jūng'wàh Yàhnmàhn Guhng'wòhgwok Dahkbiht Hàngjingkēui
Ci:pronounced as /tɐ̀k̚.pìːt̚ hɐ̭ŋ.tsēːŋ.kʰɵ́y/
J:Dak6bit6 Hang4zing3keoi1
Por:Regiões Administrativas Especiais da República Popular da China
Showflag:y
Order:ts

The special administrative regions (SAR) of the People's Republic of China are one of four types of province-level divisions of the People's Republic of China directly under the control of its Central People's Government (State Council), being integral areas of the country. As a region, they possess the highest degree of autonomy from China's central government. However, despite the relative autonomy that the Central People's Government offers the special administrative regions, the National People's Congress and its Standing Committee remains capable of enforcing laws for the special administrative regions.[3]

The legal basis for the establishment of SARs, unlike the other administrative divisions of China, is provided for by Article 31, rather than Article 30, of the Constitution of the People's Republic of China of 1982. 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 SARs established by the Constitution: Hong Kong and Macau. These former British and Portuguese territories were transferred to China in 1997 and 1999, following the Sino-British and Sino-Portuguese Joint Declarations signed in 1984 and 1987, respectively.[5] Pursuant to their Joint Declarations, which are binding inter-state treaties registered with the United Nations, and their Basic laws, the Chinese SARs "shall enjoy a high degree of autonomy".[6] Generally, the two SARs are not considered to constitute a part of mainland China, by both SAR and mainland Chinese authorities.

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 unification with Taiwan and other islands, where the Republic of China has resided since 1949.

Under the one country, two systems principle, the Chinese Central Government is responsible for the diplomatic, military and other state-level affairs of the two SARs. But two SARs continue to possess their own multi-party legislatures, legal systems, police forces, separate customs territory, immigration policies, left-hand traffic,[7] official languages, academic and educational systems, representation on certain international bodies and representation in international competitions, and other aspects that fall within the autonomous level.

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. The Wolong Special Administrative Region in Sichuan province is a nature reserve and not a political division.

List of special administrative regions of China

There are currently two special administrative regions established according to Article 31 of the Chinese Constitution. For the Wolong Special Administrative Region in Sichuan Province, please see the section Wolong below.

Special administrative regions of the People's Republic of China
Chinese: [[wikt:香港|香港]]HēunggóngXiānggǎngChinese: (Gǎng), HK, HKSAR7,184,0001,104.4HKCN-HKList (18 districts)
Chinese: [[wikt:澳門|澳門]] / Chinese: [[wikt:澳门|澳门]]OumùhnÀoménMacaoChinese: (Ào), MO, MC, MSAR, RAEM614,50031.3MOCN-MOList (8 freguesias)

Characteristics

See also: Hong Kong Basic Law and Macau Basic Law.

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]

High degree of autonomy

Currently, the two SARs of Hong Kong and Macau are responsible for all affairs except those regarding diplomatic relations and national defence.[8] Consequently, the National People's Congress authorises the SAR to exercise a high degree of autonomy and enjoy executive, legislative and independent judicial powers,[9] and each with their own Courts of Final Appeal.[10]

Currency

The currency is commonly abbreviated as CNY¥. Adopt a stable exchange rate.

The currency is commonly abbreviated as HK$. The exchange rate is pegged to the US dollar.

The currency is commonly abbreviated as MOP$. The exchange rate is pegged to the Hong Kong dollar.

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, with no Chinese government involvement. However, in some diplomatic talks involving a SAR, the SAR concerned may choose to send officials to be part of the Chinese delegation. For example, when former Director of Health of Hong Kong Margaret Chan became the World Health Organization (WHO) Director-General, she served as a delegate from the People's Republic of China to the WHO.

At the same time they are members of various international organizations such as WTO, APEC, etc.

Hong Kong

Macao

The Government of Hong Kong and Government of Macao have established Hong Kong Economic and Trade Offices (HKETOs) and Delegação Económica e Comercial de Macaus (DECMs) respectively in some countries, as well as in the Greater China Region. HKETOs serve as a quasi-interests section in favour of Hong Kong. DECMs serve as a quasi-interests section in favour of Macao. For regions with no HKETOs and DECMs, Chinese diplomatic missions take charge of protecting Hong Kong-related and Macau-related interests.

Some countries which have a diplomatic relationship with the central Chinese government maintain Consulate-General offices in Hong Kong and Macau.

Olympic Games

In sporting events such as the Olympic Games or Asian Games, the SARs may have their own independent teams. They participate under the respective names of "Hong Kong, China" and "Macau, China", and compete as different entities[13] as they had done since they were under foreign rules, but both SARs are usually allowed to omit the term ", China" for informal use.

Defence and military

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. 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. The PLA does 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.[8]

A 1996 draft PRC law banned People's Liberation Army–run businesses in Hong Kong, but loopholes allow them to operate while the profits are ploughed back into the military.[14] There are many PLA-run corporations in Hong Kong. The PLA also have sizeable land holdings in Hong Kong worth billions of dollars.[14]

Immigration and nationality

Each of the SARs issues passports on its own to its permanent residents who are concurrently Chinese (PRC) citizens. PRC citizens must also satisfy one of the following conditions:

Apart from affording the holder consular protection by the Ministry of Foreign Affairs of 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, British citizenship, British Overseas citizenship or Portuguese citizenship). However, SAR residents who are Chinese descent have always been considered as Chinese citizens by the PRC authorities, an exception to this case is Macau, wherein residents of Chinese descent may choose Chinese or Portuguese nationality. Special interpretation of the Nationality Law, while not recognising 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 persons concerned must use Home Return Permit. Therefore, master nationality rule applies so 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.

SAR permanent residents who are not Chinese citizens (including stateless persons) are not eligible for SAR passports. Persons who hold a non-Chinese citizenship must obtain passports from foreign diplomatic missions which represents their countries of citizenship. For those who are stateless, each SAR may issue its own form of certificates of identity, e.g. Document of Identity, in lieu of national passports to the persons concerned. Chinese citizens who are non-permanent residents of two SARs are also ineligible for SAR passports but may obtain CIs just like stateless persons.

Passport

Comparisons

Body (national level)
Constitutional DocumentHong Kong Basic Law (based on the Sino-British Joint Declaration, subordinate to the Chinese constitution)Macao Basic Law (based on the Sino-Portuguese Joint Declaration, subordinate to the Chinese constitution)Constitution of China
Final Authority of
Constitutional Interpretation & Review
NPC Standing CommitteeNPC Standing CommitteeNPC Standing Committee
Supreme leader of State / TerritoryChief Executive of Hong KongChief Executive of MacauGeneral Secretary of the Chinese Communist Party
Head of State / TerritoryPresident of China
Head of GovernmentPremier of China
ExecutiveExecutive Council of Hong KongExecutive Council of MacauState Council
LegislativeLegislative CouncilLegislative AssemblyNational People's Congress (NPC)

NPC Standing Committee
JudiciaryCourt of Final Appeal of Hong KongCourt of Final Appeal of MacauSupreme People's Court
Legal Supervisory
or Prosecution
Department of JusticeProcurator GeneralSupreme People's Procuratorate
PoliceHong Kong Police Force (part of Hong Kong Disciplined Services)Public Security Police Force of Macau

Directorate of Judiciary Police (zh) (parts of Macau Security Force)
People's Police (of Public Security, State Security, Justice, Court and Procuratorate systems);
People's Armed Police
MilitaryPLA Hong Kong GarrisonPLA Macau GarrisonPeople's Liberation Army (PLA);
People's Armed Police;
Militia
CurrencyHong Kong dollarMacanese patacaRenminbi (Chinese yuan)
Official Language(s)Chinese, EnglishChinese, Portuguese
Foreign relationslimited limited full rights
Principal Agency
in Foreign Affairs
Office of the Commissioner of the Ministry of Foreign Affairs of China in Hong KongOffice of the Commissioner of the Ministry of Foreign Affairs of China in MacauMinistry of Foreign Affairs
CitizenshipChinese citizenshipChinese citizenshipChinese citizenship
Proof of ResidencyRight of abodeRight of abodeHukou
PassportHong Kong SAR passportMacau SAR passportChinese passport
Passport Issuing AuthoritiesImmigration DepartmentIdentification Department (zh)National Immigration Administration

Ministry of Foreign Affairs
  • Diplomatic missions
  • CustomsCustoms and Excise DepartmentMacao Customs Service (zh)General Administration of Customs

    Offer to Taiwan and other ROC-controlled areas

    See also: Taiwan Province, People's Republic of China.

    The status of a special administrative region for Taiwan and other areas controlled by the Republic of China (ROC) was first proposed in 1981.[5] The 1981 proposal was put forth by NPC chairman Ye Jianying called "Ye's nine points" (Chinese: 葉九條).[15] A series of different offers have since appeared. On 25 June 1983 Deng Xiaoping appeared at Seton Hall University in the US to propose "Deng's six points" (Chinese: 鄧六條), which called for a "Taiwan Special Administrative Region" (Chinese: 台湾特別行政区).[15] It was envisioned that after Taiwan's unification with the PRC as an SAR, the PRC would become the sole representative of China.[15] Under this proposal, Taiwan would be guaranteed its own military,[15] 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.[15]

    In 2005 the Anti-Secession Law of the PRC was enacted. It promises the lands currently ruled by the authorities of Taiwan a high degree of autonomy, among other things. The PRC can also employ non-peaceful means and other necessary measures to defend its claims to sovereignty over the ROC's territories in the event of an outright declaration of independence by Taiwan (ROC).[16]

    In January 2019, the 40-year anniversary of a statement made by the PRC to Taiwan in 1979, Chinese Communist Party general secretary Xi Jinping outlined in a speech how the "one country, two systems" principle would be applied to Taiwan. Several major points from the speech include:[17]

    Wolong

    The Wolong Special Administrative Region[18] is located in the southwest of Wenchuan County, Ngawa Tibetan and Qiang Autonomous Prefecture of Sichuan. It was formerly known as Wolong Special Administrative Region of Wenchuan County, Sichuan Province and was founded in March 1983 with approval of the State Council. It was given its current name and placed under Sichuan provincial government with administrative supervision by the provincial department of forestry. Its area supersedes Sichuan Wolong National Nature Reserve and its administrative office is the same as the Administrative Bureau of the State Forestry Administration for the reserve. It currently has a population of 5,343.[18]

    Despite its name, This is primarily because the Wolong Special Administrative Region was established with the approval of the State Council, rather than "by law enacted by the National People's Congress" as stipulated in Article 31 of the Constitution.[19]

    Defunct SARs

    In the Republic of China (ROC) era between 1912 and 1949, the "special administrative regions" were historically used to designate special areas by the Beiyang government, most of which were eventually converted into provinces by the Nationalist government in 1928. All were suspended or abolished after the end of the Chinese Civil War, with the establishment of the People's Republic of China (PRC) and the ROC government's retreat to Taiwan, but they continued to exist as provinces under ROC law. The regions were:

    Name Chinese Created Became
    province
    Current status
    Japanese: 綏遠 Suíyuǎn 1914 1928 Part of Inner Mongolia
    Japanese: 察哈尔 Cháhā'ěr 1914 1928 Distributed into Inner Mongolia, Beijing and Hebei
    Japanese: 熱河 Rèhé 1914 1928 Distributed into Hebei, Liaoning and Inner Mongolia
    Chinese: 川边 Chuānbiān 1914 1935 (as Xikang Province) Western Sichuan and eastern Tibet Autonomous Region
    Tungsheng Japanese: 東省 Dōngshěng 1924 Land along the Chinese Eastern Railway, now part of Heilongjiang
    Japanese: 威海 Wēihǎi 1930 Part of Shandong
    Japanese: 海南 Hǎinán 1944 In preparation in 1949 Hainan Province since 1988

    See also

    Notes and References

    1. News: Mid-year Population for 2014 . . 12 August 2014 . 5 October 2014 . https://web.archive.org/web/20141006104704/http://www.censtatd.gov.hk/press_release/pressReleaseDetail.jsp?charsetID=1&pressRID=3461 . 6 October 2014 . live.
    2. Web site: Demographic Statistics for the 2nd Quarter 2014 . Statistics and Census Service of the Government of Macau SAR . 11 August 2014 . 5 October 2014 . https://web.archive.org/web/20141114092947/http://www.dsec.gov.mo/Statistic/Demographic/DemographicStatistics/DemographicStatistics2014Q2.aspx?lang=en-US . 14 November 2014 . live.
    3. News: Regan . Helen . China passes sweeping Hong Kong national security law . 29 July 2020 . CNN . 29 June 2020.
    4. Lauterpacht, Elihu. Greenwood, C. J. [1999] (1999). International Law Reports Volume 114 of International Law Reports Set Complete set. Cambridge University Press, 1999., 9780521642446. p 394.
    5. Ghai, Yash P. (2000). Autonomy and Ethnicity: Negotiating Competing Claims in Multi-Ethnic States. Cambridge University Press., 9780521786423. p 92.
    6. Article 12, Basic Law of Hong Kong and Article 12, Basic Law of Macau
    7. https://www.scmp.com/news/hong-kong/economy/article/2133246/right-side-road-only-way-travel-hong-kong-zhuhai-macau-bridge "Right side of road the only way to travel on Hong Kong-Zhuhai-Macau bridge"
    8. Zhang Wei-Bei. [2006] (2006). Hong Kong: the pearl made of British mastery and Chinese docile-diligence. Nova Publishers., 9781594546006.
    9. Chan, Ming K. Clark, David J. [1991] (1991). The Hong Kong Basic Law: Blueprint for Stabiliree Legal Orders – Perspectives of Evolution: Essays on Macau's Autonomy After the Resumption of Sovereignty by China., 9783540685715. p 212.
    10. 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., 9783540685715. p 212.
    11. http://www.fmcoprc.gov.hk/chn/syzx/gjzzygjhy/P020120709681086353002.pdf
    12. http://www.fmcoprc.gov.mo/chn/satfygjzz/gjzzygjhy/P020191211370314097817.pdf
    13. English.eastday.com. English.eastday.com . "China keeps low key at East Asian Games." Retrieved on 13 December 2009.
    14. Gurtov, Melvin. Hwang, Byong-Moo Hwang (1998). China's Security: The New Roles of the Military. Lynne Rienner Publishing., 9781555874346. pp. 203–204.
    15. Web site: http://big5.china.com.cn/zhuanti2005/txt/2004-12/20/content_5733737.htm . zh:"鄧六條"(1983年6月25日) . big5.china.com.cn . 20 December 2004 . 14 December 2009 . https://web.archive.org/web/20110927152143/http://big5.china.com.cn/zhuanti2005/txt/2004-12/20/content_5733737.htm . 27 September 2011 . live .
    16. United Nations refugee agency. "UNHCR ." Anti-Secession Law (No. 34). Retrieved on 14 December 2009.
    17. Web site: 8 key things to notice from Xi Jinping's New Year speech on Taiwan. Bush. Richard C.. 7 January 2019. Brookings. en-US. 9 January 2019.
    18. http://www.chinawolong.gov.cn/PandaUS/common_detail.action?id=3083 Wolong Introduction
    19. Web site: A Brief Review of the Special Administrative Regions and the Special Administrative Region System. 10 July 2015. https://web.archive.org/web/20150711071222/http://www.ipm.edu.mo/cntfiles/upload/docs/research/common/1country_2systems/academic_eng/issue3/07.pdf. 11 July 2015. live.