Special administrative region (People's Republic of China)

This article talks about the special administrative regions set up by the People's Republic of China. For other use, see special administrative region. Not to be confused with special economic zone.

A Special administrative region (SAR) is an administrative division of the People's Republic of China (PRC). The PRC at present has two SARs, namely Hong Kong and Macau. Each SAR 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

The Special Administrative Regions are shown in green dots

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 the region with a high degree of autonomy, a separate political system and a capitalist economy under the principle of "one country, two systems", which was 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, their own legislature, 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 PRC, 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. However, their representation is not prescribed in the constitution of the PRC, unlike provinces, autonomous regions, municipalities and the People's Liberation Army.

Before Hong Kong and Macau became Special Administrative Regions of the PRC, they were under colonial rules by Britain and Portugal respectively. They had representation in the National People's Congress of the PRC through Guangdong Province, which shares the borders with Hong Kong and Macau.

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. In diplomatic talks involving an SAR, the SAR concerned may send officials to be part of the Chinese delegation.

The two territories compete separately from Mainland China in international sporting events.

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 (PRC) has offered Taiwan a similar status to that of a SAR if it accepts PRC sovereignty; however the government of the Republic of China (ROC) that is governing Taiwan refuses to accept the offer. Moreover, most surveys indicate that only around 10 percent of the electorate in Taiwan support it. Unlike Hong Kong and Macau, the proposed Taiwan SAR would keep its own armed forces rather than receiving 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 Beijing. The provincial Legislature would still be elected legislature and multi-party system would still exist within the legislature.

Proposal for Taiwan as a SAR: [1] [2]

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

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