Special Administrative Region of the People's Republic of China

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A Special Administrative Region (SAR) is a provincial-level administrative division in the People's Republic of China. Each SAR has a governmental chief executive as head of the region and head of government. The People's Republic of China, at present, has two Special Administrative Regions, Hong Kong and Macau.^[1] They should not be confused with Special Economic Zones, which are regions fully under the administration of the Central People's Government. Article 31 of the Constitution of the People's Republic of China authorises the National People's Congress to create Special Administrative Regions.^[2]

List of Special Administrative Regions

Special situation

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The two Special Administrative Regions of Hong Kong and Macau (created in 1997 and 1999 respectively) each have a codified constitution called Basic Law.^[1] The law provides the regions with a high degree of autonomy, a separate political system, and a capitalist economy under the principle of "one country, two systems" proposed by Deng Xiaoping.^[1] Both are pragmatic approaches to the fact that each territory was a former colony administered by their respective European powers. Macau and (especially) Hong Kong had advanced capitalist economies that would have been disrupted by the transition of sovereignty if there had been no continuity in respect of their legal and economic systems.

High degree of autonomy

Currently, the two SARs of Hong Kong and Macau are responsible for all issues except diplomatic relations and national defence. Consequently, the National People's Congress authorizes the SAR to exercise a high degree of autonomy and enjoy executive, legislative and independent judicial power.^[4] The pre-existing legal systems, namely common law in Hong Kong and civil law in Macau, are preserved except consequential to establishment of Courts of final appeal.^{[citation needed]}

With listed exceptions, national laws applying in the mainland do not apply in the SAR. These listed exceptions must involve diplomacy, national defence or something beyond the scope of the SAR's autonomy.^{[citation needed]}

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 a 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.

Defense 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, defense 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 and legally 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 and other ROC-controlled areas

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The Special Administrative Region was first offered to Taiwan and other areas controlled by the Republic of China in 1981.^[1] Most surveys indicate that only around 10% of the electorate in Taiwan support the proposition. The proposed Taiwan SAR will give up its de facto independent status while keeping 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 stated in the Anti-Secession Law of PRC enacted in 2005. Under the proposal, the Taiwanese would give up their right to self-determination, a right that the People's Republic of China does not recognise.^{[citation needed]}

According to the proposal, the government of a Taiwan SAR would retain its own administrative and legislative powers, an independent judiciary and the right of adjudication, although it will not be considered a separate government of China. While there will be no interference by the PRC in Taiwan's political system, there may be representatives from the Taiwan SAR that will be appointed to the central government in Beijing by the Taiwan SAR. The provincial legislature would still be elected legislature, multi-party system would still exist within the legislature, and political and socio-economic systems would remain unchanged.^{[citation needed]}

Tibet

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The Dalai Lama considered the 1951 agreement with China was made in the same spirit as "one country, two systems".^[1] He has since proposed that the Tibet Autonomous Region become a Special Administrative Region of the PRC, saying that this is more realistic than independence. This has also been suggested by ethnic Tibetan and retired Communist party official, Ngapoi Ngawang Jigme. However, the PRC has continued to reject this proposal, stating that Tibet is not eligible to become a Special Administrative Region because it has always been a part of China.^[5][6]

See also

• Administrative divisions of China
• Special administrative region
• Special administrative region (Republic of China)

References

v • d • e Province-level divisions of the People's Republic of China Provinces Anhui • Fujian • Gansu • Guangdong • Guizhou • Hainan • Hebei • Heilongjiang • Henan • Hubei • Hunan • Jiangsu • Jiangxi • Jilin • Liaoning • Qinghai • Shaanxi • Shandong • Shanxi • Sichuan • Yunnan • Zhejiang Autonomous regions Guangxi • Inner Mongolia • Ningxia • Tibet • Xinjiang Municipalities Beijing • Chongqing • Shanghai • Tianjin Special Administrative Regions Hong Kong • Macau Territorial disputes Paracel Islands • Senkaku Islands • Spratly Islands • South Tibet • Taiwan (see Legal status of Taiwan)