The Political Structure of

the HKSAR I: Features

of the Political System
F4 Citizenship and Social
Development
Learning objecctives
⬢ describe the functions and structure of the Hong Kong
SAR government as stipulated in the Basic Law
⬢ understand the features of the HKSAR government
structure: the executive authorities, the legislature and
the judiciary should perform their respective functions
under the executive-led system in accordance with the
Basic Law, and complement each other

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 Part 1:
1 Revision Exercise
Based on Sources A and B, explain the
constitutional order between the PRC
government and HKSAR.
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 “
⬢ Based on Sources A and
B, explain the
constitutional order
between the PRC
government and HKSAR.
Suggested answer
⬢ China is a unitary state. According to the constitutional structure of
China, power comes from the central authorities. The system of
people's congress is China's political system. The Hong Kong SAR
was established by a Decision made by the National People's
Congress (NPC) in accordance with the Constitution. The Basic Law
was also adopted by the NPC. In accordance with the Constitution,
the PRC government sets up HKSAR and institutes the system
prescribed by law enacted by the NPC according to the conditions
of Hong Kong. The HKSAR is a local administrative region of the
People’s Republic of China (PRC), which shall enjoy a high degree of
autonomy and come directly under the Central People’s
Government. 5
Suggested answer
⬢ As a special administrative region, all Hong Kong’s powers
come from the Chinese government. The Hong Kong SAR was
empowered to discharge its duties by the NPC through the
Basic Law. The scope of such powers is regulated by the
provisions of the Basic Law.
⬢ Being an inalienable part of China and the PRC, HKSAR is
established under One Country Two Systems. One country is
the prerequisite of the implementation of two systems.

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 Part 2:
The political system in the

2 HKSAR
Origin
⬢ The political structure of the HKSAR is stipulated by
Chapter 4 of the Basic Law. There are 6 sections in
Chapter 4, including the Chief Executive, the
Executive Authorities (the Government), the
Legislature (the Legislative Council), the Judiciary
(various levels of courts), District Organizations
(District Councils) and Public Servants.

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(i) The Three Powers
⬢ The National People’s Congress (NPC) authorises the
HKSAR to exercise a high degree of autonomy and
enjoy executive, legislative and independent judicial
power (Article 2).
⬢ The powers to the administrative, legislative and
judicial branches of government are granted by the
Chinese government.
⬢ What are the three powers about?
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Executive
⬢ The Hong Kong Special Administrative Region shall be
vested with executive power.
⬢ The Government of the Hong Kong Special
Administrative Region shall be the executive authorities
of the Region.
⬢ The Government of the Hong Kong Special
Administrative Region shall be responsible for
conducting the administrative affairs, the maintenance
of public order in the Region, formulating policies and
introducing bills.
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Legislature
⬢ The Legislative Council of the HKSAR shall be the
legislature of the Region.
⬢ The Legislative Council is the legislature of the
Hong Kong Special Administrative Region.
⬢ The Legislative Council of the HKSAR exercises the
following powers and functions: to enact laws, to
approve public expenditure and to monitor the
work of the Government.

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Judiciary
⬢ The judiciary of the HKSAR shall exercise
judicial power.
⬢ The power of final adjudication shall be vested
in the Court of Final Appeal of the HKSAR. The
HKSAR has an independent judiciary which is
responsible for the administration of justice
and the adjudication of cases in accordance
with laws.
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(ii) The executive-led system

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(ii) The executive-led system

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(ii) The executive-led system
Source C: https://youtu.be/eZXx2GJJSQU

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 “
⬢ What are the features
of the executive-led
system of HKSAR?

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Features of the executive-led
system
⬢ Dual roles of the Chief Executive: According to Articles 43 and
60 of the Basic Law, the Chief Executive shall be the head of
the Hong Kong SAR and the head of the Government of the
Hong Kong SAR.
⬢ Dual responsibility of the Chief Executive: the Chief Executive
is responsible to both the HKSAR and the Central People’s
Government
⬢ The Chief Executive plays a leading role in the political
structure, policy-making, legislative agenda and governing
process of Hong Kong.
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 “
⬢ How do the three
powers work under
the executive-led
system?

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(iii) the three powers under the
executive-led system

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(iii) the three powers under the
executive-led system
Source B (https://youtu.be/rtCMMkYEu54)

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(iii) the three powers under the
executive-led system

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(iii) the three powers under the
executive-led system

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(a) What is the relationship
between the three powers
according to the sources?
⬢ From Source A, there is division of functions among
the three powers. The roles and responsibilities of
the executive, legislative and judiciary bodies are
defined in the Basic Law. The three branches work
under the executive-led system with checks and
balance.

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(a) What is the relationship
between the three powers
according to the sources?
⬢ From B and C, the three powers work in coordination
under the leadership of the executive and the CE.
Their powers emanate from the Central Authorities,
and their roles and duties are constitutionally
designated under the Basic Law. Therefore, the three
branches are inter-related with delegated powers and
functions to discharge their constitutional duty under
the executive-led system.
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(a) What is the relationship
between the three powers
according to the sources?
⬢ From C and D, the three powers perform
constitutionally designated roles with a division of
work in a coordinated and cooperative manner, with
built-in checks & balances.

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(b) Find out how the following provisions in the Basic Law can reflect
the work relationship between the three powers under the executive-
led system. Put the corresponding letters below inside the brackets
next to the statement on the legal provisions. Each statement can
reflect more than one feature of the HKSAR political system.
⬢ Features of the HKSAR ⬢ Basic Law provisions
political system: ⬢ 9 statements with a
A. The executive bracket each
B. The legislature
C. The judiciary
D. The executive-led
system
E. Built-in checks and
balance
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(b) Find out how the following provisions in the Basic Law can reflect
the work relationship between the three powers under the executive-
led system. Put the corresponding letters below inside the brackets
next to the statement on the legal provisions. Each statement can
reflect more than one feature of the HKSAR political system.
⬢ Features of the HKSAR ⬢ 1. The Chief Executive
political system: nominates and reports to the
A. The executive Central People’s Government
B. The legislature for appointment the principal
C. The judiciary officials, and appoints or
D. The executive-led removes judges of the courts at
system all levels and holders of public
E. Built-in checks and office in accordance with legal
balance procedures. A, D, E

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(b) Find out how the following provisions in the Basic Law can reflect
the work relationship between the three powers under the executive-
led system. Put the corresponding letters below inside the brackets
next to the statement on the legal provisions. Each statement can
reflect more than one feature of the HKSAR political system.
⬢ Features of the HKSAR ⬢ 2. Expenditure of public funds
political system: for policies decided by the
A. The executive Government is subject to such
B. The legislature funds being approved by the
C. The judiciary Legislative Council.
D. The executive-led
B, E
system
E. Built-in checks and
balance
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(b) Find out how the following provisions in the Basic Law can reflect
the work relationship between the three powers under the executive-
led system. Put the corresponding letters below inside the brackets
next to the statement on the legal provisions. Each statement can
reflect more than one feature of the HKSAR political system.
⬢ Features of the HKSAR ⬢ 3. The judiciary is independent
political system: from the legislature and
A. The executive executive authorities. It
B. The legislature exercises judicial power
C. The judiciary independently, free from any
D. The executive-led interference.
C, E
system
E. Built-in checks and
balance
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(b) Find out how the following provisions in the Basic Law can reflect
the work relationship between the three powers under the executive-
led system. Put the corresponding letters below inside the brackets
next to the statement on the legal provisions. Each statement can
reflect more than one feature of the HKSAR political system.
⬢ Features of the HKSAR ⬢ 4. The Legislative Council of the
political system: Hong Kong SAR shall enact
A. The executive laws as required, which will be
B. The legislature implemented or enforced by the
C. The judiciary Government.
D. The executive-led
A, B
system
E. Built-in checks and
balance
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(b) Find out how the following provisions in the Basic Law can reflect
the work relationship between the three powers under the executive-
led system. Put the corresponding letters below inside the brackets
next to the statement on the legal provisions. Each statement can
reflect more than one feature of the HKSAR political system.
⬢ Features of the HKSAR ⬢ 5. Members of the Legislative
political system: Council in introducing bills
A. The executive relating to government policies
B. The legislature have to obtain a written consent
C. The judiciary of the Chief Executive.
D. The executive-led
A, B, D, E
system
E. Built-in checks and
balance
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(b) Find out how the following provisions in the Basic Law can reflect
the work relationship between the three powers under the executive-
led system. Put the corresponding letters below inside the brackets
next to the statement on the legal provisions. Each statement can
reflect more than one feature of the HKSAR political system.
⬢ Features of the HKSAR ⬢ 6. The Government of the Hong
political system: Kong Special Administrative
A. The executive Region must abide by the law
B. The legislature and be accountable to the
C. The judiciary Legislative Council of the
D. The executive-led Region. It shall present regular
system policy addresses to the Council;
E. Built-in checks and it shall answer questions raised
balance by members of the Council.
A, B, C, E
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(b) Find out how the following provisions in the Basic Law can reflect
the work relationship between the three powers under the executive-
led system. Put the corresponding letters below inside the brackets
next to the statement on the legal provisions. Each statement can
reflect more than one feature of the HKSAR political system.
⬢ Features of the HKSAR ⬢ 7. A bill passed by the
political system: Legislative council of the Hong
A. The executive Kong Special Administrative
B. The legislature Region may take effect only
C. The judiciary after it is signed and
D. The executive-led promulgated by the Chief
system Executive.
E. Built-in checks and A, B, D, E

balance
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(b) Find out how the following provisions in the Basic Law can reflect
the work relationship between the three powers under the executive-
led system. Put the corresponding letters below inside the brackets
next to the statement on the legal provisions. Each statement can
reflect more than one feature of the HKSAR political system.
⬢ Features of the HKSAR ⬢ 8. Judges of the courts of the Hong
political system: Kong Special Administrative Region
A. The executive shall be appointed by the Chief
B. The legislature Executive on the recommendation
of an independent commission
C. The judiciary
composed of local judges, persons
D. The executive-led
from the legal profession and
system eminent persons from other
E. Built-in checks and sectors. A, C, D, E
balance
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Summary

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HKSAR Political System
⬢ The HKSAR comes directly under the Central People’s
Government which delegates power to the
administrative, legislative and judicial branches of
government under One Country Two Systems.
⬢ The Chief Executive is both the head of the Hong
Kong SAR and the head of the Government of the
Hong Kong SAR, accountable to the Central People’s
Government.

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HKSAR Political System
⬢ The Chief Executive plays a leading role in the political structure and governance
of Hong Kong. Extensive powers are conferred upon the Chief Executive
according to Chapter IV of the Basic Law, which sets out the provisions relating
to the political structure of the HKSAR. In addition to leading the executive
authorities, the Chief Executive has specific roles and functions to play in respect
of the exercise of powers and functions by the legislature and the judiciary of
Hong Kong. This demonstrates the HKSAR’s adherence to the executive-led
structure under the core leadership of the Chief Executive, who is directly
accountable to the Central People’s Government. Under this framework, the
powers of the executive authorities, the legislature and the judiciary are
“individually positioned” with a division of work.
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HKSAR Political System
⬢ The executive authorities, the legislature and the
judiciary perform their respective functions under
the executive-led system in accordance with the
Basic Law and complement each other with built-
in checks and balances with a view to upholding
national unity and territorial integrity, maintaining
the prosperity and stability of Hong Kong.

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