Friday, April 4, marks the 35th anniversary of the promulgation of the Basic Law of the Hong Kong Special Administrative Region, which has gone through the entire process from theoretical conceptualization to legal practice over the past 35 years. The Basic Law has guided Hong Kong’s successful transition from British rule to “Hong Kong people governing Hong Kong” with a high degree of autonomy. This law of epoch-making significance has safeguarded the prosperity and stability of Hong Kong, and continues to ensure the smooth implementation of the “one country, two systems” principle in the new era.

The Basic Law and China’s Constitution together form the constitutional basis of the HKSAR’s governance, and embody the close and inseparable relationship between the central authorities and Hong Kong.

When then-paramount leader Deng Xiaoping put forward the concept of “one country, two systems” more than three decades ago, he emphasized the need to preserve Hong Kong’s uniqueness and advantages to the greatest extent possible on the premise of safeguarding national unity and territorial integrity, so as to allow the way of life of Hong Kong people to remain unchanged for 50 years. This is precisely the fundamental purpose of the Basic Law and the original intent of “one country, two systems”.

Practice over the past 35 years has proved that the Basic Law is not only a legal document, but also a “divine compass” for safeguarding the long-term prosperity and stability of Hong Kong.

Article 1 states that the HKSAR is an inalienable part of the People’s Republic of China. Article 12 stipulates that the HKSAR shall be a local administrative region of the People’s Republic of China, and that the HKSAR shall enjoy a high degree of autonomy and come directly under the Central People’s Government.

In addition, Article 5 explicitly provides that “The socialist system and policies shall not be practiced in the HKSAR, and the previous capitalist system and way of life shall remain unchanged for 50 years.” This is the first time in the history of the world’s legal system that the coexistence of two social systems in one country is established by law, demonstrating the political wisdom and institutional confidence of the Communist Party of China and the Chinese central government.

The Basic Law, with its exquisite institutional design, ensures that the HKSAR enjoys a high degree of autonomy under the premise of “one country”.

In respect of the administrative system, Article 43 provides that the chief executive shall be the head of the HKSAR, and shall represent the region, and be accountable to the Central People’s Government and the HKSAR in accordance with the provisions of this law. The chief executive shall be selected by election or through consultations held locally and be appointed by the Central People’s Government. This institutional arrangement not only realizes the principle of “Hong Kong people governing Hong Kong”, but also safeguards the unity of national sovereignty.

The improved electoral system of Hong Kong implemented in 2021 has effectively put the principle of “patriots administrating Hong Kong” into practice, ensuring that the power of governance of the HKSAR is firmly vested in the hands of patriots through the restructuring of the Election Committee and the enhancement of the composition of the Legislative Council.

In respect of the legislative system, Article 66 stipulates that the Legislative Council of the HKSAR shall be the legislature of the region. Article 73 stipulates that it shall have the power to enact, amend or repeal laws, examine and approve budgets, approve taxation and public expenditures, and raise questions on the work of the government. The Basic Law also specifically retains the power of impeachment of the chief executive by the Legislative Council, thus realizing the principle of checks and balances of power.

On the judicial system, Articles 2, 19 and 85 stipulate that the HKSAR shall be vested with independent judicial power, including that of final adjudication, and that the courts shall exercise judicial power independently, free from any interference.

The Basic Law has also preserved Hong Kong’s original common law tradition, which has strengthened the international community’s confidence in the rule of law in Hong Kong, and over the past 35 years, Hong Kong’s Judiciary has adhered to the spirit of the rule of law and provided strong judicial protection for Hong Kong’s prosperity and stability.

Chapter III of the Basic Law contains 19 articles detailing the fundamental rights and duties of Hong Kong residents, and provides a legal framework for the full protection of the rights and freedoms of residents. These rights and freedoms include equality before the law; the right to vote and to stand for election; freedom of speech, press and publication; freedom of association, assembly, procession and demonstration; and the right and freedom to form and join trade unions and to strike.

Article 39 also expressly provides that the provisions of the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights and the International Conventions on Labour, as applicable to Hong Kong, shall remain in force and shall be implemented by the laws of the HKSAR.

Since reunification, human rights have been firmly protected by the Constitution and the Basic Law. The National Security Law for Hong Kong and the Safeguarding National Security Ordinance also clearly stipulate that human rights should be respected and protected in safeguarding national security in the HKSAR. Facts have shown that after the implementation of the national security laws, the various rights and freedoms enjoyed by Hong Kong people under the law are fully protected. For example, the media environment in Hong Kong remains vibrant, and journalists continue to enjoy the freedom to comment on and criticize the administration of the government, provided they do not break the law.

The Basic Law protects Hong Kong’s system of property rights, ensuring its status as an international financial center and gaining investors’ full confidence in the city. The Economic Freedom of the World 2024 Annual Report ranked Hong Kong as the freest economy in the world, and the World Competitiveness Yearbook 2024 ranked Hong Kong as the fifth most competitive economy in the world.

The rights and freedoms are not absolute; they should be balanced with social responsibilities. The International Covenant on Civil and Political Rights also clearly stipulates that some rights and freedoms may be restricted in accordance with law when necessary to protect national security, public safety, public order or the rights and freedoms of others. Such a balance embodies the spirit of rule of law and the wisdom of governance in a mature society.

Over the years, the implementation of the Basic Law has achieved world-renowned success, successfully bringing about a smooth transition, and long-term prosperity and stability for Hong Kong. “One country, two systems” has proved to be the best institutional arrangement for Hong Kong’s prosperity and stability.

Standing at a new historical starting point, we firmly believe that under the protection of the Basic Law, Hong Kong will make better use of its advantages of “meeting the needs of the country by putting Hong Kong’s strengths to full use”, and realize its own better development while contributing to national development.

The author is a law professor, director of the Chinese Association of Hong Kong and Macao Studies, and president of the Association for the Promotion of Rule of Law, Education and Technologies.

The views do not necessarily reflect those of China Daily.