Special administrative regions of China

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Special Administrative Regions of the People’s Republic of China

Flag of China.svg
China-Special Administrative Regions.png
Largest SAR/city Hong Kong
Official languages Chinese (both)
English (Hong Kong)
Portuguese (Macau)
Official script Traditional Chinese, Latin script
Demonym(s) Hongkonger, Hong Kongese (Hong Kong)
Macau (Macau)
Special Administrative Regions
Government One country, two systems
Xi Jinping
Li Keqiang
Li Zhanshu
Han Zheng
Carrie Lam
Ho Iat Seng
Area
 Total
1,135.7 km2 (438.5 sq mi)
Population
 2014 [lower-alpha 1] estimate
7,858,800 [1] [2]
 Density
6,920/km2 (17,922.7/sq mi)
Currency Hong Kong dollar (both)
Macanese pataca (Macau)
Date format
  • yyyymd
  • or yyyy-mm-dd
  • or dd/mm/yyyy
  • (CE; CE-1949)
  1. Second quarter
Special Administrative Region(s) of the People's Republic of China
Chinese name
Traditional Chinese 中華人民共和國特別行政區
Simplified Chinese 中华人民共和国特别行政区
Cantonese Yale Jūng'wàh Yàhnmàhn Guhng'wòhgwok Dahkbiht Hàngjingkēui
Portuguese name
Portuguese Regiões Administrativas Especiais da República Popular da China
pronounced  [ʁɨʒiˈõɨʃ ɐdminiʃtɾɐˈtivɐʃ (ɨ)ʃpɨsiˈaiʃ]

The special administrative regions (SAR) are one type of provincial-level administrative divisions of the People's Republic of China directly under Central People's Government. As a region, they possess the highest degree of autonomy in China. Despite the relative autonomy that the Central People's Government affords special administrative regions, the National People's Congress is still able to unilaterally write laws in secret for special administrative regions that are not read publicly until they are passed. [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] [5] [6] [7]

At present, there are two SARs established according to the Constitution, namely the Hong Kong SAR and the Macau SAR, former British and Portuguese dependencies, respectively, [8] transferred to China in 1997 and 1999, respectively, pursuant to the Sino-British Joint Declaration of 1984 and the Sino-Portuguese Joint Declaration of 1987. 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". [9] 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 reunification with Taiwan and other islands, where the Republic of China has resided since 1949.

Under the one country, two systems principle, the two SARs continue to possess their own governments, multi-party legislatures, legal systems, police forces, monetary systems, separate customs territory, immigration policies, national sports teams, official languages, postal systems, academic and educational systems, and substantial competence in external relations that are different or independent from the People's Republic of China. The two SARs also continue to have left-hand traffic, the opposite of mainland China. [10]

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 preserve 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 [note 1]
NameChinese (T) / (S) Yale Pinyin Postal map Abbreviation and GB PopulationArea km2 ISO ISO:CN Admin. Division
Flag of Hong Kong.svg  Hong Kong 香港 HēunggóngXiānggǎngHongkong (Gǎng), HK, HKSAR7,184,0001,104.4HKCN-91 List (18 districts)
Flag of Macau.svg  Macau 澳門 / 澳门 OumùhnÀoménMacao (Ào), MO, MC, MSAR, RAEM614,50031.3MOCN-92 List (8 freguesias)

Characteristics

The two special administrative regions of Hong Kong and Macau (created in 1997 and 1999 respectively) each have a codified constitution called Basic Law. [8] 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. [8]

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. [11] Consequently, the National People's Congress authorises the SAR to exercise a high degree of autonomy and enjoy executive, legislative and independent judicial power, [12] and each with their own Courts of Final Appeal. [13]

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.

In sporting events the SARs participate under the respective names of " Hong Kong, China" and " Macau, China", and compete as different entities [14] as they had done since they were under foreign rules, but both SARs are usually allowed to omit the term ", China" for informal use.

The Government of Hong Kong has established Hong Kong Economic and Trade Offices (HKETOs) in few countries as well as Greater China Region. HKETOs serve as a quasi-interests section in favour of Hong Kong. For regions with no HKETOs, Chinese diplomatic missions take charge of protecting Hong Kong-related interests.

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

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. [15] 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. [15] 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. [11]

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. [15] There are many PLA-run corporations in Hong Kong. The PLA also have sizeable land holdings in Hong Kong worth billions of dollars. [15]

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.

Comparisons

BodyFlag of Hong Kong.svg  Hong Kong Flag of Macau.svg  Macau Flag of the People's Republic of China.svg  China (Central Government only)
Constitutional Document Hong Kong Basic Law (based on English common law) Macau Basic Law (based on Portuguese civil law) Constitution of the PRC
Final Authority of
Constitutional Interpretation & Review
NPC Standing Committee NPC Standing Committee NPC Standing Committee
Head of State / Territory Chief Executive of Hong Kong Chief Executive of Macau President of the PRC
Head of Government Chief Executive of Hong Kong Chief Executive of Macau Premier of the State Council
Executive Executive Council of Hong Kong Executive Council of Macau State Council
Legislative Legislative Council Legislative Assembly National People's Congress (NPC);
NPC Standing Committee
Judiciary Court of Final Appeal of Hong Kong Court of Final Appeal of Macau Supreme People's Court
Legal Supervisory
or Prosecution
Department of Justice Public Prosecutions Office Supreme People's Procuratorate
Police Hong Kong Police
(part of Hong Kong Disciplined Services)
Public Security Police;
Judicial Police
(parts of Macau Security Force)
People's Police (of Public Security, State Security, Justice, Court and Procuratorate systems);
People's Armed Police
Military PLA Hong Kong Garrison PLA Macau Garrison People's Liberation Army (PLA);
People's Armed Police;
Militia
Currency Hong Kong dollar Macanese pataca Renminbi (Chinese yuan)
Official Language(s) Chinese (traditional, (Cantonese)), English Chinese (traditional, (Cantonese)), Portuguese Standard Chinese (Putonghua) (simplified)
Foreign relations limitedunder "Hong Kong, China" limitedunder "Macau, China" full rights
Principal Agency
in Foreign Affairs
Ministry of Foreign Affairs Commissioner Office in Hong Kong Ministry of Foreign Affairs Commissioner Office in Macau Ministry of Foreign Affairs
Citizenship Chinese citizenship Chinese citizenship Chinese citizenship
Proof of Residency Right of abode Right of abode [16] Hukou
Passport Hong Kong SAR passport Macau SAR passport PRC passport
Passport Issuing Authorities Immigration Department Identification Services Bureau Ministry of Public Security;
Ministry of Foreign Affairs/diplomatic missions
(and local government Foreign Affairs Offices)
Customs Customs and Excise Department Macau Customs Service General Administration of Customs

Offer to Taiwan and other ROC-controlled areas

The status of a special administrative region for Taiwan and other areas controlled by the Republic of China (ROC) was first proposed in 1981. [8] The 1981 proposal was put forth by Ye Jianying called "Ye's nine points" (葉九條). [17] 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" (鄧六條), which called for a "Taiwan Special Administrative Region" (台灣特別行政區). [17] It was envisioned that after Taiwan's unification with the PRC as an SAR, the PRC would become the sole representative of China. [17] Under this proposal, Taiwan would be guaranteed its own military, [17] 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. [17]

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. [18] 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). [18]

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. [19] Several major points from the speech include: [19]

Wolong

The Wolong Special Administrative Region [20] (Chinese :卧龙特别行政区; pinyin :Wòlóng Tèbié Xíngzhèngqū) 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 5343. [20]

Despite its name, the Wolong Special Administrative Region is not an SAR as defined by Article 31 of the Constitution of the People's Republic of China; as a result, it has been proposed the Wenchuan Wolong Special Administrative Region of Sichuan Province change its name, with designations such as special area or township. [21]

Defunct SARs

In the Republic of China (ROC) era between 1912 and 1949, the "special administrative regions" (Chinese :特別行政區; pinyin :tèbié xíngzhèngqū) were historically used to designate special areas, most of which were eventually converted into provinces. 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. The regions were:

NameChinese Pinyin CreatedBecame
province
Current status
Suiyuan 綏遠Suíyuǎn19141928Part of Inner Mongolia
Chahar 察哈爾Cháhā'ěr19141928Distributed into Inner Mongolia, Beijing and Hebei
Jehol 熱河Rèhé19141928Distributed into Hebei, Liaoning and Inner Mongolia
Chwanpien 川邊Chuānbiān19141935 (as Xikang Province)Western Sichuan and eastern Tibet Autonomous Region
Tungsheng東省Dōngshěng1924Land along the Chinese Eastern Railway, now part of Heilongjiang
Weihai 威海Wēihǎi1930Part of Shandong
Hainan 海南Hǎinán1944In preparation in 1949 Hainan Province

See also

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Notes

  1. References and details on data provided in the table can be found within the individual provincial articles.

Related Research Articles

Politics of Hong Kong Political system of Hong Kong

The politics of Hong Kong takes place in a framework of a political system dominated by its quasi-constitutional document, the Hong Kong Basic Law, its own legislature, the Chief Executive as the head of government and of the Special Administrative Region and of a politically constrained multi-party presidential system. The Government of the Hong Kong Special Administrative Region of the People's Republic of China is led by the Chief Executive, the head of government.

Foreign relations of Hong Kong

Under the Basic Law, the Hong Kong is exclusively in charge of its internal affairs and external relations, whilst the PRC is responsible for its foreign affairs and defence. As a separate customs territory, Hong Kong maintains and develops relations with foreign states and regions, and plays an active role in such international organisations as World Trade Organization (WTO) and the Asia-Pacific Economic Cooperation (APEC) in its own right under the name of Hong Kong, China. Hong Kong participates in 16 projects of United Nations Sustainable Development Goals.

Mainland China, also known as the Chinese mainland or China mainland, is the geopolitical area under the direct jurisdiction of the People's Republic of China (PRC) since October 1, 1949. It includes Hainan, which is an island province in the South China Sea, but it excludes the special administrative regions of Hong Kong and Macau, even though both are mostly on the geographic continental landmass.

"One country, two systems" is a constitutional principle of the People's Republic of China describing the governance of Hong Kong and Macau since they became Special Administrative Regions (SARs) of China in 1997 and 1999 respectively.

Chinese nationality may refer to:

Chinese people Ethnic group

Chinese people are people or ethnic groups identified with China, usually through ethnicity, nationality, citizenship, or other affiliation.

Mainland Travel Permit for Hong Kong and Macao Residents

A Mainland Travel Permit for Hong Kong and Macao Residents, also colloquially referred to as a Home Return Permit or Home Visit Permit, is issued to Chinese nationals who are permanent residents of or settled in Hong Kong and Macau as the travel document to Mainland China. The permit is issued by the Bureau of Exit and Entry Administration of the Ministry of Public Security through China Travel Service sub-branches in Hong Kong and Macau and allows holders to travel freely to Mainland China.

Hong Kong Special Administrative Region passport

The Hong Kong Special Administrative Region passport is a passport issued only to permanent residents of Hong Kong who also hold Chinese citizenship. In accordance with the Basic Law of the Hong Kong Special Administrative Region, since the transfer of sovereignty on 1 July 1997, the passport has been issued by the Immigration Department of the Government of Hong Kong under the authorisation of the Central People's Government of the People's Republic of China. As the official languages of Hong Kong are Chinese and English, the passport is printed bilingually in both Chinese and English.

Hong Kong Document of Identity for Visa Purposes Travel document

The Hong Kong Special Administrative Region Document of Identity for Visa Purposes is a biometric travel document issued by the Hong Kong Immigration Department to residents of Hong Kong who are unable to obtain a national passport. It is usually valid for seven years.

Chinese nationality law Nationality law of the Peoples Republic of China

Chinese nationality law details the conditions in which a person holds People's Republic of China (PRC) nationality. Foreign nationals may naturalize if they are immediate family members of Chinese citizens or permanently resident in any part of China. Residents of Taiwan are also considered Chinese citizens, due to the PRC's continuing claims over areas controlled by the Republic of China (ROC).

Chinese citizen refers to a citizen of the People's Republic of China (PRC) under Chinese nationality law

Macao Special Administrative Region passport

The Macao Special Administrative Region passport is a passport issued to Chinese citizens who are permanent residents of Macau.

Exit & Entry Permit

The Exit & Entry Permit for Taiwan, Republic of China is the document for the bearer to enter and/or depart Taiwan. Currently, there are several types of Exit & Entry Permit that reflect the bearer's residency status. The permit is issued by the National Immigration Agency of Taiwan. For different purposes, the permit is also known as

Chinese passport

The People's Republic of China passport, commonly referred to as the Chinese passport, is a passport issued to nationals of the People's Republic of China (PRC) who have registered as a resident of Mainland China and hence hold a hukou, for the purpose of international travel, and entitles the bearer to the protection of China's consular officials overseas.

Taiwanese nationality law Nationality law of the Republic of China (Taiwan)

Taiwanese nationality law details the conditions in which a person is a national of the Republic of China (ROC), commonly known as Taiwan. Civil and political rights usually associated with citizenship are tied to an ROC national's domicile, determined by whether they have household registration in Taiwan.

Visa policy of China Policy on permits required to enter Mainland China

Visitors to the mainland of the People's Republic of China must obtain a visa from one of the Chinese diplomatic missions, unless they come from one of the visa exempt countries. The two Special Administrative Regions – Hong Kong and Macau – maintain their own independent border control policies and thus have their own separate visa requirements.

Flag of China National flag

The flag of China, officially the National Flag of the People's Republic of China and also often known as the Five-starred Red Flag, is a Chinese red field charged in the canton with five golden stars. The design features one large star, with four smaller stars in a semicircle set off towards the fly. It has been the national flag of China since the foundation of the People's Republic of China on 1 October 1949.

A national without household registration is a person with Republic of China nationality who does not have household registration in Taiwan. Nationals with this status are subject to immigration controls when entering the Taiwan Area, do not have automatic residence rights there, and cannot vote in Taiwanese elections. However, they are exempt from conscription. Most individuals with this status are children born overseas to Taiwanese citizens. About 60,000 NWOHRs currently hold Taiwanese passports with this status.

Chinese Travel Document

People's Republic of China Travel Document is a type of travel documents issued by Chinese embassies, consulates, and other foreign offices to Chinese citizens for their international travel to China and other countries. The bearer of the Travel Document is legally defined a Chinese citizen in accordance with the Nationality Law.

References

  1. "Mid-year Population for 2014". Census and Statistics Department (Hong Kong) . 12 August 2014. Archived from the original on 6 October 2014. Retrieved 5 October 2014.
  2. "Demographic Statistics for the 2nd Quarter 2014". Statistics and Census Service of the Government of Macau SAR. 11 August 2014. Archived from the original on 14 November 2014. Retrieved 5 October 2014.
  3. Regan, Helen (29 June 2020). "China passes sweeping Hong Kong national security law". CNN. Retrieved 29 July 2020.
  4. Administrative divisions of the People's Republic of China (中华人民共和国行政区划; Zhōnghuá Rénmín Gònghéguó Xíngzhèng Qūhuà), 15 June 2005, archived from the original on 23 July 2010, retrieved 5 June 2010
  5. Chapter II: Relationship between the Central Authorities and the Hong Kong Special Administrative Region, Article 12, archived from the original on 29 July 2010, retrieved 5 June 2010
  6. Chapter II Relationship between the Central Authorities and the Macau Special Administrative Region, Article 12, archived from the original on 5 February 2012, retrieved 5 June 2010
  7. 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.
  8. 1 2 3 4 Ghai, Yash P. (2000). Autonomy and Ethnicity: Negotiating Competing Claims in Multi-Ethnic States. Cambridge University Press. ISBN   0521786428, 9780521786423. p 92.
  9. Article 12, Basic Law of Hong Kong and Article 12, Basic Law of Macau
  10. "Right side of road the only way to travel on Hong Kong-Zhuhai-Macau bridge". South China Morning Post . 13 February 2018.
  11. 1 2 Zhang Wei-Bei. [2006] (2006). Hong Kong: the pearl made of British mastery and Chinese docile-diligence. Nova Publishers. ISBN   1594546002, 9781594546006.
  12. 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. ISBN   3540685715, 9783540685715. p 212.
  13. 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.
  14. English.eastday.com. English.eastday.com Archived 21 January 2012 at the Wayback Machine . "China keeps low key at East Asian Games." Retrieved on 13 December 2009.
  15. 1 2 3 4 Gurtov, Melvin. Hwang, Byong-Moo Hwang (1998). China's Security: The New Roles of the Military. Lynne Rienner Publishing. ISBN   1555874347, 9781555874346. pp. 203–204.
  16. "Macau SAR Identification Department". www.dsi.gov.mo. Archived from the original on 6 November 2016. Retrieved 6 November 2016.
  17. 1 2 3 4 5 "鄧六條"(1983年6月25日). big5.china.com.cn. 20 December 2004. Archived from the original on 27 September 2011. Retrieved 14 December 2009.
  18. 1 2 United Nations refugee agency. "UNHCR Archived 18 October 2012 at the Wayback Machine ." Anti-Secession Law (No. 34). Retrieved on 14 December 2009.
  19. 1 2 3 4 5 6 7 8 Bush, Richard C. (7 January 2019). "8 key things to notice from Xi Jinping's New Year speech on Taiwan". Brookings. Retrieved 9 January 2019.
  20. 1 2 Wolong Introduction Archived 11 July 2015 at the Wayback Machine
  21. "A Brief Review of the Special Administrative Regions and the Special Administrative Region System" (PDF). Archived (PDF) from the original on 11 July 2015. Retrieved 10 July 2015.