Citizenship and politics in the HKSAR: The constitutional framework

Abstract

This paper examines two prominent meanings of citizenship in Hong Kong: as a set of legal rules defining a person's relationship to the state, and as the values and influence that a person has as a citizen, in the context of the Basic Law. The transfer of sovereignty did not produce a significant change in either the legal or social status of citizenship, which in Hong Kong's case means 'a permanent resident with the right of abode'. Colonial rule did not provide a positive, engaged, and empowered model of citizenship, and carried few political rights. Rules on citizenship changed over the colonial period and were characterised by pragmatism. The emphasis placed on a laissez-faire market devolved responsibility on to the private sector but did little to encourage the development of 'civil society' or the even the rise of the community. The right of abode is not necessarily attached to a specific nationality, and thus marks off Hong Kong residents from other Chinese nationals and confers political and economic rights on Chinese non-nationals who are long-term residents. Through provisions relating to the autonomy of Hong Kong, the protection of human rights, and safeguards for civil society, the Basic Law appears to promise an active and engaged citizenry. However, the political structure, the restrictions on franchise, and the dominance of the executive and the weakness of the legislature tend to nullify that promise. The subordination of the executive, and to some extent the legislature and judiciary, to the Mainland authorities, which have a narrower conception of citizenship, reduces possibilities of political and social reforms through actions of political parties and social movements.