Research On The Application Of National Law In Hong Kong Special Administrative Region

Since the return of Hong Kong in 1997,the Basic Law of Hong Kong has played an important role in implementing "one country,two systems",safeguarding Hong Kong’s own prosperity and stability,and promoting reform and opening up and socialist modernization in the Mainland.However,blindly emphasizing the role of the Basic Law in maintaining and safeguarding the "two systems" will hinder the establishment of a reasonable national view of the rule of law in Hong Kong and the formation of an overall sense of constitutional order,which will lead to a crisis in the practice of "one country,two systems".At this time,paying attention to the application of national laws in Hong Kong has a certain degree of system repair significance.This thesis studies the application of national laws in Hong Kong from the following five aspects.The first part introduces the relevant concepts of the application of national laws in the SAR.Starting from the concept of national law,define the scope and application of national law discussed in this article.The second part analyzes and demonstrates the legal basis for the application of national laws in Hong Kong,and clarifies that the establishment of the SAR has not changed the structure of my country’s unitary state,and the high degree of autonomy of the SAR comes from the authorization of the central government,not inherent.The third part sorts out the normative basis for the application of national laws in the SAR,which is divided into two levels: Article 31 of the Constitution and related constitutional provisions and Article 18 of the Basic Law and related provisions of the Basic Law.The former gives a legitimate basis for the application of national laws in Hong Kong,while the latter starts from the legislative background and changes in the provisions of Article 18 of the Basic Law,analyzes the style and structure of the Basic Law,and points out that the core value of Article 18 is to ensure national sovereignty,security,and protection.development interests.Together with Annex III,it makes up for the possible absence of national laws.In order to fully realize the normative value of Article 18,the interaction and connection between it and the functional system formed by other provisions of the Basic Law cannot be ignored.The fourth part analyzes the problems and causes of the application of national laws in the SAR,which are as follows: the central government lacks effective supervision over the implementation of national laws in the SAR;Conflict issues are embodied in the evasion of the Hong Kong legislature’s right to repatriate the central legal filing under the promulgation and implementation,and the reduction of the Hong Kong legislative power over the central legislative power under the legislative implementation;The judicial review of national laws under the expansion of the judicial power of the courts and the differences in the interpretation rules under the "two systems" constitute the risk of the Hong Kong courts to reform the national laws;and the procedures stipulated in the emergency decision power are general in four aspects.The fifth part puts forward suggestions for improving the application of national laws in the SAR.First,clarify the basic principles to be followed in the application of national laws in Hong Kong,including the principle of national sovereignty and unity,the principle of stability of the Basic Law,and the guiding principle of constitutional values.Guided by the above three principles,specific suggestions for improving the application of national laws in Hong Kong are put forward.First,strengthen the central government’s supervision of Hong Kong’s implementation of national laws.Second,it clarifies the standard that the SAR’s implementation of national laws constitutes a substantive violation.Third,strengthen the effective connection with the interpretation system of the Basic Law,promote the standardization of the interpretation mechanism to fill in the deficiencies of the national law of the rule of law in Hong Kong,supervise and guide the Hong Kong judiciary to make judgments through the interpretation of the law by the People’s Congress,and form an important supplement to the application of national laws in Hong Kong.The fourth is the procedural construction of the application of national laws in Hong Kong under abnormal conditions,improving the connection between Article 18(4)and the laws and judicial procedures of the SAR.