Aconstitution usually stipulates a country’s social system, state system, state institutions, basic rights, and obligations of its citizens. On Dec 4, 1982, the Fifth Session of the Fifth National People’s Congress adopted the current Constitution of the People’s Republic of China. The Constitution is the fundamental law and the supreme law of the country, which is an important symbol and emblem of the State, and has the highest legal status, legal authority, and legal effect.
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The Constitution is both the “root” and the “source” of the Hong Kong Special Administrative Region. The HKSAR was established in accordance with Article 31 and Article 62 of the Constitution. The Constitution is the legislative basis and the source of validity of the Basic Law, which provides a solid legal and constitutional foundation for the basic policies of “one country, two systems”, “Hong Kong people ruling Hong Kong”, and a high degree of autonomy, and which, together with the Basic Law, establishes the constitutional order of the HKSAR.
In order to enhance society’s awareness, promote the spirit and strengthen the implementation of the Constitution, as well as comprehensively promote the rule of law in the country, the Standing Committee of the 12th National People’s Congress decided in November 2014 to designate Dec 4 as National Constitution Day. The country has since been carrying out a number of publicity and educational activities on the Constitution.
National Constitution Day is an important time to celebrate the implementation of the Constitution. This year marks the 10th anniversary of National Constitution Day. School education emphasizes fostering positive values and attitudes in students, promoting their whole-person development and making them good citizens. National Constitution Day is naturally a good opportunity to promote national identity, education of the rule of law, and responsibility and commitment in teaching and learning.
Hong Kong is not an independent entity. We share the same long history with the Chinese mainland, Taiwan and Macao. We belong to the same Chinese nation, and we share the same written language. We also share the same culture, and more importantly, Hong Kong is part of China. The significance of the reunification is the acceptance of our national identity and the recognition of our country and nation.
The Constitution and the HKSAR
It is common practice for every country to have only one constitution for the whole nation.
As the constitution of a country is applicable to the whole country, and both the HKSAR and Macao SAR are part of China, China’s Constitution is logically the constitution of the two SARs.
The Constitution is the constitutional basis of Hong Kong, and therefore, the Basic Law is invariably a law of authorization. Powers not conferred on Hong Kong by the central government through the Basic Law are still vested in the central government, and thus, the central government exercises these powers and acts in accordance with the Constitution.
Why does the Constitution apply to the HKSAR and Macao SAR? From the perspective of public international law, when a place belongs to a country, the constitution of that country will certainly apply to that place. The constitutions are the sources of laws and institutions of modern countries. In fact, the establishment of the HKSAR originated from Article 31 of China’s Constitution.
In a society governed by the rule of law, the constitution is the general charter for ruling the country and securing the state. It is the legal foundation for maintaining national unity, national solidarity, economic development, social progress, and long-term peace and stability.
We hope that the celebrations on National Constitution Day will help us to learn more about our country’s Constitution and the importance of safeguarding national security and social stability, thus playing a more significant role in national development in future.
The Constitution and security
Protecting the interests of national sovereignty, security and development is a fundamental tenet of the Constitution, and it is also the bottom line of “one country, two systems” that cannot be crossed. National security is the top priority of every nation. Without national security, the livelihoods of the people cannot be protected, and there is no way for the country to further develop. Therefore, national security falls under the purview of the central government, and this is also an international practice.
The constitution carries the important function of safeguarding national security, the cornerstone of a country’s survival and prosperity.
National security is the supreme interest protected by the constitution, and it is also the basis and prerequisite for the implementation of other systems of the constitutional order. As an integral part of China, the HKSAR has a clear responsibility to uphold China’s Constitution.
The promulgation and implementation of the National Security Law for Hong Kong in accordance with the Basic Law not only provide a solid foundation for maintaining prosperity and stability in the HKSAR, but also create new opportunities and inject new impetuses into the economic development of the city.
In accordance with the requirement of “one country, two systems”, the HKSAR should improve the systems and mechanisms in relation to the implementation of the Constitution and the Basic Law. In addition, the HKSAR should take the overall situation of national development into consideration when formulating its development policies, safeguard the country’s political system, and proactively participate in the country’s development.
As young people are the future of Hong Kong, they should have a deep understanding of the Constitution. By recognizing the great achievements and challenges in the practice of “one country, two systems”, they will hopefully realize that the Constitution is the fundamental safeguard for Hong Kong’s stability and prosperity, as well as their own well-being.
The author is a law professor, director of the Chinese Association of Hong Kong and Macao Studies, and vice-president of the Hong Kong Basic Law Education Association.
The views do not necessarily reflect those of China Daily.
