China News Agency, Beijing, July 4th: What important messages did Xi Jinping's speech convey on the 25th anniversary of Hong Kong's return to China?
The author Tian Feilong is an associate professor of the Law School of Beihang University and a director of the National Hong Kong and Macao Research Association.
On July 1, 2022, Xi Jinping, General Secretary of the Central Committee of the Communist Party of China, President of the State, and Chairman of the Central Military Commission, delivered an important speech at the celebration of the 25th anniversary of Hong Kong's return to the motherland and the inauguration ceremony of the sixth government of the Hong Kong Special Administrative Region. Experience and jurisprudence.
Twenty-five years of experience have shown that "one country, two systems" is feasible in practice, and is internally coherent in jurisprudence.
The solemn declaration of "must persist for a long time" has eliminated all forms of skepticism and failure of "one country, two systems".
On July 1, 2022, Hong Kong citizens waved the five-star red flag and the Hong Kong regional flag and walked on the streets of Wanchai to celebrate the 25th anniversary of Hong Kong's return to the motherland.
Photo by China News Agency reporter Zhang Wei
This is a milestone declaration based on the key node of the "one country, two systems" system experiment and the key process of national rejuvenation.
The speech conveyed the history, principles and legal principles of "one country, two systems" to Hong Kong society and the international community, as well as to all citizens, so as to build consensus on the "one country, two systems" legal principle and confidence in the system, and firmly promote the country's high-level reform and opening up and institutional modernization process.
This is the latest chapter and the latest theoretical development of Xi Jinping's series of important expositions on "One Country, Two Systems".
This speech is full of historical significance.
The speech opened with a definition of the organic reunification relationship between Hong Kong and the motherland in the sense of civilizational history and national community, proposing that "in history, Hong Kong compatriots have always been in the same boat and connected by blood with the motherland."
The ethnic community relationship between Hong Kong and the mainland is not "imaginary" but "real", a relationship between parts and the whole within the framework of the same civilization and tradition.
This close and organic national community relationship is not cut off by colonialism and separatism.
The British "colonial view of history" and the "local view of history" of the local forces in Hong Kong often distort the flesh-and-blood ties between Hong Kong and the motherland, and it is impossible to achieve success.
The Basic Law of Hong Kong absorbs and transforms the organic relationship of this national community and protects it constitutionally.
This speech summarizes the 25-year experience of Hong Kong's "one country, two systems" policy with richness and layers.
Xi Jinping believes that the return of Hong Kong "has opened a new era in Hong Kong's history".
This is Hong Kong's "new constitutional order".
The speech summed up the successful experience from three aspects: First, the role of Hong Kong as a bridge and a window in the overall situation of the country's reform and opening up has been effectively brought into play, which is the proper meaning of the title of "one country, two systems" and a "long-term Intent to make full use of the stimulus and release under the new institutional conditions is also the core orientation of the national rationality of "one country, two systems", which is the organic combination and dynamic balance of integrated development and globalized development; The basic status and role of Hong Kong have been tested, and it has moved forward steadily, that is, under the framework of "one country, two systems", Hong Kong's own original international status and role have been maintained and promoted, and Hong Kong's experience and ability to fight internal and external risks and challenges have been accumulated and enhanced. Hong Kong’s economic and social development and legal system are generally stable; thirdly, Hong Kong’s democratic and legal system has continued to improve and develop, that is, since the return of Hong Kong, Hong Kong residents have obtained real democratic political rights, real democracy in Hong Kong has been opened and developed, and the Constitution and the Basic Law The constitutional order of the SAR and the introduction of the Hong Kong National Security Law and the new electoral law have structurally improved the security and systematicness of the "one country, two systems" system. Hong Kong's democratic system is constitutional, legal, suitable and applicable.
On June 13, 2022, materials related to the Hong Kong National Security Law are displayed at the Hong Kong Special Administrative Region Government Headquarters.
Photo by China News Agency reporter Cui Nan
Practice is the only criterion for testing truth. After 25 years of practical experience, Xi Jinping pointed out: "There is no reason to change such a good system, and it must be adhered to for a long time!" the real focus of concern.
The past and future of "one country, two systems" is clearly understood through this speech.
The second half of this speech deals with the issues of the legal system and practical guidelines related to the steady and long-term development of "One Country, Two Systems": First, what kind of truths and legal principles have been taught in 25 years of practice, and the "four musts" have given the answers; Second, the "Four Points of Hope" provides a guide for what the new SAR government and Hong Kong will do in the future.
The "Four Musts" is a refined summary and reconstruction of the jurisprudence system in Hong Kong's "one country, two systems" practice law.
First, justifying the fundamental principle of "one country, two systems" is the most critical.
"The policy of 'one country, two systems' must be fully and accurately implemented." This is a retrospective and clarification of the fundamental principle of "one country, two systems", establishing the fundamental status and role of "one country" from a legal point of view, and establishing the relationship between "one country" and "two systems". Clear legal relationship.
"Maintaining national sovereignty, security, and development interests" has been interpreted as the highest principle of the "one country, two systems" policy, which is the fundamental constitutional premise, and Hong Kong's prosperity, stability and high degree of autonomy are specifically designed and developed under this premise.
This is a legal correction and authoritative filling of the national interests of "one country, two systems", which can explain and justify a series of discussions, legislation, decision-making and future Hong Kong governance choices made by the central government since the 18th National Congress of the Communist Party of China.
Within the scope of the "one country" constitution, the socialist system and the party's leadership are the core elements, which must be respected and maintained without exception.
Second, the relationship between the power of comprehensive governance and the right to a high degree of autonomy, as well as the principle of the composition of the right to a high degree of autonomy, are the guiding principles and norms for the development of the specific system of "one country, two systems".
"We must adhere to the unity of the central government's overall governance and the guarantee of a high degree of autonomy for the special administrative regions", which is the legal guiding principle of "one country, two systems" in the constitutional power structure. The "source" of autonomy.
This theory is consistent with the "authorization theory" in the legal theory of "one country, two systems".
The example of the national security law in Hong Kong shows how the overall governance of the central government and the high degree of autonomy of Hong Kong are organically combined and unified. The new election law further strengthens and validates this constitutional interaction logic.
How, then, is a high degree of autonomy itself constitutionally constituted?
How to comply with the fundamental legal principle of "one country, two systems" and the above-mentioned legal relationship?
"The 'patriots ruling Hong Kong' must be implemented."
This is the fundamental principle and soul rule for the specific constitution of a high degree of autonomy. If it deviates, it will lead to a serious distortion of "one country, two systems" and lead to a constitutional crisis. The illegal "Occupy Central" and the "turbulence of amendments" are examples.
Third, Hong Kong's unique status and advantages are one of the basic conditions for the existence of "one country, two systems".
Any arrangements for governing Hong Kong in legislation, decision-making and integrated development should aim and limit "maintaining Hong Kong's unique status and advantages", otherwise the leverage of the Hong Kong system of "one country, two systems" and the role of the strategic platform of "connecting the world" will not be able to be effectively brought into play. , both in Hong Kong and in the country are unfavorable.
On the morning of July 1, 2022, the Hong Kong Special Administrative Region Government celebrated the 25th anniversary of Hong Kong's return to the motherland at the Golden Bauhinia Square. Helicopter formations flying the five-star red flag and the Hong Kong regional flag flew over the Victoria Harbour.
Photo by China News Agency reporter Zhang Wei
As a keynote and instructive political speech for the new SAR government and Hong Kong society, Xi Jinping finally settled on the level of specific practical guidelines for the future governance and development of Hong Kong, and put forward "four points of hope", namely, to focus on improving the level of governance, Continue to enhance the momentum of development, effectively solve the problems of people's livelihood, and jointly maintain harmony and stability.
This is a concrete exercise of the central government's comprehensive oversight power over Hong Kong, and it also constitutes a basis for political accountability.
The requirement of governance level points to the deep construction of "patriots governing Hong Kong", which not only requires political loyalty, but also must be capable and capable. It is necessary to forge a strong governance team and change the governance philosophy to highlight promising government and responsible politics.
The demand for development momentum points to the structural transformation of Hong Kong's economy and competitiveness system, and it is necessary to seek breakthroughs and growth in the dual sense of integrated development and globalization, especially in response to the "eight centers" target group and the development of innovation and technology industries.
The requirement of people's livelihood protection points to the deep-seated contradictions in Hong Kong society and the fairness and justice of the system.
Serving the people and putting the people first, the fine traditions and good governance experience of Chinese political culture can be transferred to the Hong Kong governance system and the ethical system of the rulers.
The requirements for harmony and stability point to social reconciliation and social solidarity. The SAR government and the Hong Kong society should work together to find a reconciliation method and meet each other halfway.
As a special reminder of good governance, good governance and social justice in Hong Kong in the future, Xi Jinping pointed out the importance of youth development issues and asked all parties to take effective measures to help Hong Kong youth understand the general trend of development, shape national identity, and achieve personal growth and success.
On October 17, 2021, the 9th Youth DAB in Hong Kong held a re-election media gathering, expressing that it will continue to provide a platform for young people to discuss and participate in politics, and to train and discover young talents for the Hong Kong society and the DAB.
Photo by China News Agency reporter Li Zhihua
The speech concludes with a wonderful summary of significance and future prospects. The main line is to place the development of Hong Kong under "one country, two systems" in the historical process of national rejuvenation.
2047, 2049, the institutional experiment of "one country, two systems" and the modernization pursuit of national rejuvenation are inherently unified.
The better the status and role of "one country, two systems" in the process of national rejuvenation, the less reason to "seek change" after "fifty years of unchanged".
From this, I am convinced that in the new stage of the practice of "One Country, Two Systems" in Hong Kong, under the foundation and guidance of the historical height, success of practice, practical laws, legal system and practical guidelines of "One Country, Two Systems", Hong Kong's future will definitely be better and the future of national rejuvenation will be brighter. It will definitely be brighter, and the national recognition and international support for "one country, two systems" will definitely be higher and more consolidated.
(Finish)
About the Author:
Tian Feilong, a native of Lianshui, Jiangsu, is an associate professor at the Advanced Research Institute/School of Law, Beihang University, executive director of the One Country, Two Systems Legal Research Center, a master tutor, and a doctor of law from Peking University.
He was a short-term visiting scholar at the Federal Institute of Fribourg University in Switzerland (2009.8-2009.9) and served as a Leslie Wright Fellow of the Law School of the University of Hong Kong (2014-2015).
The main research directions are Constitutional and Political Theory, Comparative Law and Global Governance, and Basic Law of Hong Kong and Macau.
He is also a director of the National Hong Kong and Macao Research Association and a director of the Law Research Association on Cross-Strait Relations.
He has translated 12 books including "Introduction to Federalism" and "Constitutional Views of the American Revolution".
He is the author of 8 monographs including "The Road to Rule of Law in Modern China", "Observation on Hong Kong Political Reform", "The Chinese Way of Political Constitution" and "Hong Kong New Order".
Young academic representatives, government consultants and public columnists of the domestic "political constitutional science" genre have established good academic interaction with overseas think tanks and authoritative media, and have high academic and social influence at home and abroad.
Selected into the Beijing University of Aeronautics and Astronautics Youth Top Talent Program (Category A, 2019) and Beijing National Governance Young Talent Program (The Fourth Batch, 2019).