Die Integration Hong Kongs in den Staatsverband der VR China als staatsrechtliches Experiment

Abstract

As „the modem exemplar of free markets and limited government“ (M. Friedman) Hong Kong will become a „Special Administrative Region“ of the People’s Republic of China. According to the „Basic Law“ for Hong Kong, promulgated by the Chinese National People’s Congress in 1990 „the Socialist system and policies will not be practiced in Hong Kong“. This article explores the mechanism which the Basic Law provides for creating a model of integration by which Hong Kong shall exist as „an inalienable part of the PRC“ yet exercising „a high degree of autonomy.“ Whereas the substance of autonomy is reflected in the very broad competence for legislation and in the fact that a judiciary is localized in Hong Kong (including „the power of final adjudication4), strong Unitarian elements of this model are reflected in the power of the central government to appoint the „chief executive“ and in the competence of the National People’s Congress to interpret the Basic Law.