The Special Administrative Regions of the People's Republic of China are autonomous
territories that fall within the sovereignty of the People's Republic of China, yet do
not form part of Mainland China.
The legal basis for the establishment of SARs, unlike the administrative divisions of Mainland
China, is provided for by Article 31, rather than Article 30, of the Constitution of the
People's Republic of China of 1982.
Article 31 reads: "The state may establish special administrative regions when necessary.
The systems to be instituted in special administrative regions shall be prescribed by law enacted
by the National People's Congress in the light of the specific conditions".
At present, there are two SARs, namely the Hong Kong SAR and the Macau SAR, former British
and Portuguese dependencies respectively, transferred to China in 1997 and 1999 pursuant
to the Sino-British Joint Declaration of 1984 and the Sino-Portuguese Joint Declaration
of 1987 respectively.
Pursuant to their Joint Declarations, which are binding inter-state treaties registered
with the United Nations, and their Basic laws, the Chinese SARs "shall enjoy a high degree
of autonomy."
The provision to establish special administrative regions appeared in the constitution in 1982,
in anticipation of the talks with the United Kingdom over the question of the sovereignty
over Hong Kong.
It was envisioned as the model for the eventual reunification with Taiwan and other islands,
where the Republic of China has resided since 1949.
Special administrative regions should not be confused with special economic zones, which
are areas in which special economic laws apply to promote trade and investments.
Under the One China, Two Systems principle, the two SARs continue to possess their own
governments, multi-party legislatures, legal systems, police forces, monetary systems,
separate customs territory, immigration policies, national sports teams, official languages,
postal systems, academic and educational systems, and substantial competence in external relations
that are different or independent from the People's Republic of China.
List of special administrative regions of China
Characteristics
The two special administrative regions of Hong Kong and Macau each have a codified constitution
called Basic Law.
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.
High degree of autonomy Currently, the two SARs of Hong Kong and Macau
are responsible for all affairs except those regarding diplomatic relations and national
defense.
Consequently, the National People's Congress authorizes the SAR to exercise a high degree
of autonomy and enjoy executive, legislative and independent judicial power, and each with
their own Courts of Final Appeal.
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.
In sporting events the SARs participate under the respective names of "Hong Kong, China"
and "Macau, China", and compete as different entities.
Defense and military The People's Liberation Army is garrisoned
in both SARs.
PRC authorities have said the PLA will not be allowed to interfere with the local affairs
of Hong Kong and Macau, and must abide by its laws.
In 1988, scholar Chen Fang of the Academy of Military Science even tried to propose
the "One military, two systems" concept to separate the defence function and public functions
in the army.
The PLA does not participate in the governance of the SAR but the SAR may request them for
civil-military participation, in times of emergency such as natural disasters.
Defence is the responsibility of the PRC government.
A 1996 draft PRC law banned People's Liberation Army-run businesses in HK, but loopholes allow
them to operate while the profits are ploughed back into the military.
There are many PLA-run corporations in Hong Kong.
The PLA also have sizable land-holdings in Hong Kong worth billions of dollars.
Immigration and nationality Each of the SARs issues passports on its own
to its permanent residents who are concurrently nationals of the PRC.
PRC nationals must also satisfy 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 naturalization, renunciation and restoration
of PRC nationality and issuance of proof of nationality.
Due to their colonial past, many inhabitants of the SARs hold some form of non-Chinese
nationality status, United Kingdom citizenship or Portuguese citizenship), however residents
of Chinese descent have always been considered as Chinese citizens by the PRC.
Special interpretation of the Nationality Law, while not recognizing dual nationality,
has allowed Chinese citizens to keep their foreign "right of abode" and use travel documents
issued by the foreign country.
However, such travel documents cannot be used to travel to mainland China and the holder
may not enjoy consular protection while in mainland China.
Chinese citizens who also have foreign citizenship may declare a change of nationality at the
Immigration Department of the respective SARs, and upon approval, would no longer be considered
Chinese citizens.
Comparisons Offer to Taiwan and other ROC-controlled areas
The status of a special administrative region for Taiwan and other areas controlled by the
Republic of China was first proposed in 1981.
The 1981 proposal was put forth by Ye Jianying called "Ye's nine points".
A series of different offers have since appeared.
On 25 June 1983 Deng Xiaoping appeared at Seton Hall University in the US to propose
"Deng's six points", which called for a "Taiwan Special Administrative Region".
It was envisioned that after Taiwan's unification with the PRC as an SAR, the PRC would become
the sole representative of China.
Under this proposal, Taiwan would be guaranteed its own military, its own administrative and
legislative powers, an independent judiciary and the right of adjudication, although it
would not be considered a separate government of China.
While there would be minimal interference by the PRC in Taiwan's political system, there
may be representatives from the Taiwan SAR that would be appointed to the central government
in Beijing by the Taiwan SAR.
In 2005 the Anti-Secession Law of the PRC was enacted.
It promises the lands currently ruled by the Republic of China a high degree of autonomy,
among other things.
The PRC can also employ non-peaceful means and other necessary measures to defend its
claims to sovereignty over the ROC's territories from Taiwanese independence activists.
References
See also
Special administrative region History of Hong Kong
British Hong Kong
History of Macau Portuguese Macau