홍콩기본법에 관한 연구 - 홍콩기본법상 고도자치권을 중심으로 -

Abstract

China resumption of sovereignty to Hong Kong on 1 July 1997. But from the Qingand Britain sign the Treaty of Nanking in 1842, Hong Kong was under the Britishrule for 150 years. So it is impossible to introduce socialism system to Hong Kongimmediately. Therefore China made ‘one country, two systems’, and Hong Kongcould maintain the capitalistic system for 50 years. It’s legal basis is Hong KongBasic Law. Since the Basic Law was enforced, Hong Kong developed so much in variousfields. But because of the different ideology between socialism system andcapitalistic system, the Basic Law also was in crisis several times. This paper introduced three typical issues about the Basic Law. There are thepower of interpretation of the Basic Law issue, implementing legislation of article23 issue and universal suffrage issue. Firstly, in the power of interpretation of the Basic Law issue, the Basic Law ruleif the courts of the Region, in adjudicating cases, need to interpret the provisionsof this Law concerning affairs which are the responsibility of the Central People'sGovernment, the courts of the Region shall, before making their final judgmentswhich are not appealable, seek an interpretation of the relevant provisions fromthe Standing Committee of the National People's Congress through the Court ofFinal Appeal of the Region. But because there are no detailed rules, the Court ofFinal Appeal of the Region interpret the provisions by itself. So it could makecontradiction between the court and the Standing Committee of the National People’s Congress. Thus, it is necessary to make legislate the detailed rules. Secondly, in the implementing legislation of article 23 issue, it should acceptHong Kong people’s opinion well. And in order to guarantee Hong Kong People’sbasic rights, the implementing legislation of article 23 should be definite. Finally, in the universal suffrage issue, the Standing Committee of the NationalPeople’s Congress decided the 2017 Chief Executive shall be selected by universalsuffrage. But some person argued for withdrawing the decision through theprotest. So, the Basic Law is in crisis once again.