A Number Of Issues Of Coordinating The Relations Between The Constitution And The Basic Law Of The Special Administrative Region Of The People's Republic Of China

The National People's Congress enacts the Basic Law of the Hong Kong and the Macao Special Administrative Region (SAR) of the People's Republic of China (PRC) according to the Constitution of the PRC, in order to set down the theory of the"one country, two systems"and the basic policies of the PRC regarding Hong Kong and Macao as basic laws. There is a strong link between the Constitution and the Basic Law of the SAR of the PRC: the SAR was established in accordance with the provisions of Article 31 of the Constitution, and the Constitution is the basis of the Basic law of the SAR. The Basic Law of the SAR of the PRC is the concrete manifestation of the"one country, two systems"theory, as well as the new development of the Constitution. In the procedures of the formulation, modification and interpretation, the content, and the status and effect of the Basic Laws of the SAR, they have their own characteristics which other laws don't have.The governments have encountered many issues in dealing with the relationship between the Constitution and the Basic Laws since the implementation of the Basic Laws. For example, the problem of how to apply the Constitution in the Special Administrative Region, the problem about the Constitutional Review in the Special Administrative Region, and the problem of the legislation of safeguarding national security, etc. They all attract much attention recently. The Constitution is applied in the SAR as a whole. The Basic Law was enacted under the theory of the"one country, two systems". It is also a special way of the Constitution to deal with the special problems caused by the history. Apply the Constitution to the SAR should strictly follow the principle of"one country, two systems", and the principle to keep the country unity, stability and prosperity. Constitutional Review is an important way to ensure the implementation of the Constitution. It has its own characteristic of the foundation to exercise the Constitutional Review in the SAR. The power of Constitutional Review in the SAR belongs to the Standing Committee of the National People's Congress and the courts of the SAR. They should exercise the power under the legal procedures and in their respective areas of competence. Article 23 prescribing that the SAR shall enact laws on its own to prohibit 7 kinds of acts which will endanger national security. Macao has already published the"safeguarding national security law"on 26th of Feb, 2009. But in Hong Kong, the legislative process was forced to stop, and the legislation has not been completed till now. As a local administrative authority, the government has the obligations to safeguard the national security. And it is also a request by the principle"one country, two systems". It is not conflicting to protect both the freedom and the rights of the people in SAR and the national security. By understanding the main contents and the characteristics of Macao"safeguarding national security law", we may get some inspiration which is helpful to Hong Kong to complete their"safeguarding national security law"earlier.