| During the process of Hong Kong’s reunification and after the establishment of the Hong Kong Special Administrative Region,although the system of the Hong Kong Special Administrative Region is regulated by the Hong Kong Basic Law,the Constitution is the fundamental law of the country,and the Hong Kong Special Administrative Region,as a local administrative region of China,is also subject to the provisions of the Constitution.The Constitution and the Hong Kong Basic Law together constitute the constitutional basis of the Hong Kong Special Administrative Region.The NPC and its decisions concerning Hong Kong play a pivotal role as an important means of implementing the Constitution,in order to further improve the system of the HKSAR and ensure the implementation of the basic policies of the State regarding Hong Kong.In order to lead and regulate the constitutional development of Hong Kong and maintain the constitutional order of the HKSAR,the NPC and its Standing Committee have made Hong Kong-related decisions in accordance with the Constitution and the Basic Law of Hong Kong to remedy the loopholes and deficiencies of the legal system of the HKSAR in a timely manner,and to provide a basis for the constitutional order of the HKSAR.The NPC and its Standing Committee have made Hong Kong-related decisions in accordance with the Constitution and the Hong Kong Basic Law,which have provided a solid constitutional basis and legal safeguards for the reshaping,transformation and development of the constitutional order of the Hong Kong Special Administrative Region,as well as an important practice of the NPC and its Standing Committee in exercising its series of powers and functions of legislation,decision making,appointment and removal,and supervision.However,the legal basis of some decisions made by the NPC and its Standing Committee concerning Hong Kong is not particularly specific,and the expression on how to implement the constitution is not particularly clear,resulting in the misunderstanding that the Constitution can only be implemented in Hong Kong through the Hong Kong Basic Law.Moreover,the formulation procedures and process of the decisions related to Hong Kong of the National People’s Congress and its Standing Committee are unclear,which need to be further improved.In order to further promote the effectiveness of the NPC and its Standing Committee’s decisions related to Hong Kong and reduce the doubts of the community about the decisions,improvements can be made in the following aspects: first,standardize the procedures for the formulation of the NPC and its Standing Committee’s decisions related to Hong Kong,effectively play the role of the NPC,and reduce the influence of external forms on the application of the decisions;second,clarify the basis for the formulation of the NPC and its Standing Committee’s decisions related to Hong Kong Second,to clarify the basis for making the NPC and its Standing Committee’s decisions related to Hong Kong,to clarify the source of authority of the decisions,and to explain the rationale of the decisions as clearly as possible;third,to review the constitutionality of the NPC and its Standing Committee’s decisions related to Hong Kong,to ensure the scientific and constitutional nature of the decisions,to enhance the credibility of the decisions,and to promote the implementation of the decisions in the Hong Kong Special Administrative Region. |
