The Legal Foundations of Hong Kong's Autonomy: Building on Sand

Abstract

This article examines changes to Hong Kong's constitutional and legal position since 1997. It focuses in particular on the promise in the Basic Law of a high degree of autonomy for the Hong Kong Special Administrative Region of China. The Basic Law is Hong Kong's constitution, made pursuant to article 31 of the Chinese Constitution. Interpretations of the Basic Law and related court cases, including interpretations by the Standing Committee of the National People's Congress, indicate that the autonomy of the HKSAR is very fragile. This conclusion is supported by the formal division of powers and responsibilities between the HKSAR and Beijing, and by institutional arrangements which are not in keeping with the essential elements of autonomy as apparent from analyses of other systems of government.