Of the various ideas about the basis of the new constitutional order of Hong Kong, the doctrine of separation of powers and the doctrine of delegation of powers are most representative. On the basis of the theory of l...Of the various ideas about the basis of the new constitutional order of Hong Kong, the doctrine of separation of powers and the doctrine of delegation of powers are most representative. On the basis of the theory of local autonomy and the Sino-British Joint Declaration, the doctrine of separation of powers interprets the relationship between the Central government and the Special Administrative Region as confrontational and mutual restriction. Breaking away from the presumptions of the Basic Law in basis of norms and theory prototype, the doctrine of separation of powers originates mostly from the subjective imagination of its upholders and involves misunderstanding of the Basic Law and the system of Special Administrative Region. On the basis of ＂One Country, Two Systems ＂and the Basic Law, the doctrine of delegation of powers interprets the relationship between the Central government and the Special Administrative Region as delegation relation or principal-agent relation. The doctrine of delegation of powers is raised to illustrate the source and fundamental attribute of the system of the Special Administrative Region rather than to suppress the high degree of autonomy of the Special Administrative Region. The doctrine of delegation of powers conforms to the Constitution of China and the consistent logic of the national governance of China in terms of its understanding of the Basic Law and the system of the Special Administrative Region. Hong Kong is an administrative unit at local level in China and its constitutional order is a component of the constitutional order of China. Therefore, the basis of the new constitutional order of Hong Kong after its return to China can only be the Constitution and laws of China.展开更多
文摘Of the various ideas about the basis of the new constitutional order of Hong Kong, the doctrine of separation of powers and the doctrine of delegation of powers are most representative. On the basis of the theory of local autonomy and the Sino-British Joint Declaration, the doctrine of separation of powers interprets the relationship between the Central government and the Special Administrative Region as confrontational and mutual restriction. Breaking away from the presumptions of the Basic Law in basis of norms and theory prototype, the doctrine of separation of powers originates mostly from the subjective imagination of its upholders and involves misunderstanding of the Basic Law and the system of Special Administrative Region. On the basis of ＂One Country, Two Systems ＂and the Basic Law, the doctrine of delegation of powers interprets the relationship between the Central government and the Special Administrative Region as delegation relation or principal-agent relation. The doctrine of delegation of powers is raised to illustrate the source and fundamental attribute of the system of the Special Administrative Region rather than to suppress the high degree of autonomy of the Special Administrative Region. The doctrine of delegation of powers conforms to the Constitution of China and the consistent logic of the national governance of China in terms of its understanding of the Basic Law and the system of the Special Administrative Region. Hong Kong is an administrative unit at local level in China and its constitutional order is a component of the constitutional order of China. Therefore, the basis of the new constitutional order of Hong Kong after its return to China can only be the Constitution and laws of China.
