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Revision as of 21:32, 23 April 2006
- This article talks about the special administrative regions set up by the People's Republic of China. For other use, see special administrative region (disambiguation). Not to be confused with special economic zone.
A special administrative region (SAR) (Simplified Chinese: 特别行政区; Traditional Chinese: 特別行政區; Mandarin Pinyin: tèbié xíngzhèngqū; Cantonese IPA: /tɐkpiːt hɐŋtsɪŋkʰɵy/; Jyutping: dak6bit6 hang4zing3keoi1; Yale: dahkbiht hàhngjingkeūi) is an administrative division of the People's Republic of China. The PRC at present has two SARs, Hong Kong and Macau and each has a Chief Executive as head of the region and head of government.
Background
Article 31 of the Constitution of the People's Republic of China authorizes the National People's Congress to create special administrative regions.
Current situation
Two special administrative regions, namely Hong Kong and Macau, were created in 1997 and 1999 respectively. Each of the SARs has a Basic Law which provides those 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.
High degree of autonomy
Currently, the two SARs of Hong Kong and Macau are responsible for all issues except acts of state like diplomatic relations and national defence: consequently, they have their own judiciaries and courts of final appeal, immigration policies, currencies and extradition processes. The pre-existing legal systems, namely common law in Hong Kong and Portuguese law in Macau, are preserved except consequential to establishment of courts of final appeal.
With listed exceptions, national laws applying in the mainland do not apply in a SAR. These listed exceptions must involve diplomacy, national defence or something beyond the scope of the SAR's autonomy.
Suffrage in the National People's Congress
Like other administrative divisions of the People's Republic of China, Hong Kong and Macau are represented in the National People's Congress, although suffrage is not well-defined and is not open to the general public. Interestingly their representation is not prescribed in the constitution of the PRC, unlike provinces, autonomous regions, municipalities and the military do.
Before they became Special Administrative Regions, they had representation in the NPC through Guangdong Province, but had no representation to the legislature of the United Kingdom and Portugal. (Macau residents who are holders of Portuguese passports can vote in Portugal.)
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, extradition, handling of double taxation and others. In diplomatic talks involving an SAR, the SAR concerned may send officials to be part of the delegation.
Defence and military
The People's Liberation Army is garrisoned in both the SARs. The garrison and its members must obey all SAR laws as well as national laws applicable to them. They do not participate in the governance of the SAR but the SAR may send for them in times of emergency such as natural disasters. According to the basic laws, defence is the responsibility of the Central People's Government. There is no law providing for enrollment of Hong Kong and Macau residents in the forces during ordinary times, and no Hong Kong and Macau residents are currently enrolled.
Immigration and nationality
Each of the SARs issue passports on its own, only to its permanent residents who are concurrently nationals of the PRC, that is, PRC nationals satisfying one of the following conditions:
- born in the SAR;
- born anywhere while either parent was a permanent resident of the SAR;
- resided continuously 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
The People's Republic of China has offered Taiwan a similar status to that of a SAR if it accepts PRC sovereignty; however the Republic of China government on Taiwan refuses to accept the offer, and most polls indicate that only around 10 per cent of the electorate on the island support it. Unlike Hong Kong and Macau, the proposed Taiwan SAR would keep its own armed forces rather than receive a garrison. The promise of a high-degree of autonomy, as afforded to Hong Kong and Macau, among other things, is enshrined in the Anti-Secession Law of the People's Republic of China enacted in 2005.
As for the government of a Taiwan SAR would have a locally run administration, but be appointed by China. The provincial Legislature would still be elected legisture and multi-party system would still exist within the legislature.
See also
- One country, two systems
- Special Administrative Region (Republic of China)
- Political divisions of China
- Special Economic Zone
- Hong Kong Basic Law
- Macau Basic Law