Role of HKSAR gov
Foreign Affairs and Defence of HKSAR
Application of national laws
Interpretation of the Basic Law in HKSAR
Appointment of the Chief Executive and the principal officials
Foreign Affairs
Defence
Article 158 “the courts of the
Region shall, before making their final judgments which are not appealable, seek an interpretation of the relevant provisions from the Standing Committee of the National People’s Congress through the Court of Final Appeal of the Region.”
Summary
Article 18 “The Standing Committee of the National People’s Congress may add to or delete from the list of laws in Annex III after consulting its Committee for the Basic Law of the Hong Kong Special Administrative Region and the government of the Region.”
Summary
Under Article 18, before a decision to add to or delete from the list of laws in Annex III is to be made by the NPC Standing Committee, the Basic Law Committee, as well as the Hong Kong Government, shall be consulted.
National laws will not be applied to the HKSAR except for those related to the capital, national anthem, national flag, national emblem, the National Day etc.
However, when the Standing Committee of the NPC declares a state of war, or there is turmoil in the HKSAR which endangers national unity or security, the Central Authorities may intervene.
If there are cases that concerns the responsibility of the Central government, or concerning the relationship between the Central authorities, the Court of Final Appeal in Hong Kong should seek approval from the National People’s Congress.
In most cases, Hong Kong courts can interpret the basic law.
Article 15 “The Central People’s Government shall appoint the Chief Executive and the principal officials of the executive authorities of the Hong Kong Special Administrative Region.”
Summary
Under the premise of the “one country” principle and article 15, Central Authorities have full sovereignty over HKSAR, and the central authority is responsible for appointing the Chief Executive and principal members of the executive authorities of HKSAR.
Article 13 “The Central People’s Government authorizes the Hong KongSpecial Administrative Region to conduct relevant external affairs on its own in accordance with this Law.”
summary
Their responsibilities include coordinating HKSAR's participation in relevant international organizations and conferences, handling applicability of international conventions in HKSAR, coordinating the establishment of consular posts or other official and semi-official institutions by foreign governments in HKSAR, and finally, processing applications of foreign state aircrafts and warships for access to HKSAR.
The central authorities manage foreign affairs through the Office of the Commissioner of the Ministry of Foreign Affairs which was established by the Ministry of Foreign Affairs of the PRC in accordance with the Basic Law and the “one country two systems” principle.
Article 14 “The Central People’s Government shall be responsible for the defense of the Hong Kong Special Administrative Region.”
summary
Hence, the People’s Liberation Army Hong Kong Garrison (the Garrison) is stationed in Hong Kong to take charge of Hong Kong’s defense.
The Garrison under the direct leadership of the Central Military Commission is composed of forces from the Army, the Navy, and the Air Force of the People’s Liberation Army, signifying China’s exercise of sovereignty over land, waters, and airspace. They’ll be responsible for the defense of Hong Kong, administer military facilities, and handle foreign-related military affairs.
Under Article 14, the Central authorities are responsible for the defense of Hong Kong.