The Making of the Hong Kong Basic Law

Abstract

This Chapter, from the first edited volume in the Asian Comparative Constitutional Law series, sets out the cause and process in the drafting of the Hong Kong Basic Law between 1985 and 1990. The discussion in the Chapter shows that whilst the drafting of the Hong Kong Basic Law was led and dominated by the Central Authorities of the People's Republic of China, it was a relatively open and interactive exercise during which the Central Authorities were receptive to opinions from Hong Kong residents and also from the British administration, which continued to govern Hong Kong at the time and had an interest in the successful implementation of the Sino-British Joint Declaration that would restore Hong Kong in 1997 to the resumption of exercise of Chinese sovereignty, for the purpose of giving the product the best possible chance in guaranteeing Hong Kong's stability, prosperity, and capitalist economy and way of life. This Chapter also highlights 'deferred matters' in the Hong Kong Basic Law as drafted, including a progressive framework for developing the political system towards the 'ultimate goal' of electing the Chief Executive and the legislature by 'universal suffrage' and a designation on the Hong Kong authorities the task of enacting legislation safeguarding national security, which have turned out to be the causes of the current situation of the Hong Kong Special Administrative Region of the People's Republic of China.

Note: This chapter originally published in [Asian Comparative Constitutional Law series]. Available at http://bloomsburycollections.com

Keywords: Hong Kong, HKSAR, Hong Kong Basic Law, Asian Constitutional Law, Constitution Making, One Country Two Systems, Comparative Constitutional Law

JEL Classification: K10, P10, P16, P37, P48