Party congress report emphasizes central government's overall jurisdiction over HK and Macao as well as integration of their development with that of the nation, explains Lo Man-tuen

The 19th National Congress of the Communist Party of China opened on Wednesday, with intense attention from around the world focused on the report delivered by General Secretary Xi Jinping on behalf of the 18th CPC Central Committee.

It is a guiding instrument for an era characterized by China's peaceful rise and a milestone on the nation's journey from standing up and becoming prosperous to being stronger than ever before. The report is a truly epic document in its own right.

The report devotes eight paragraphs to Hong Kong and Macao affairs, unprecedented in terms of elaboration, emphasis and significance. It again emphasizes the central government has overall jurisdiction over the two special administrative regions, which is crucial to ensuring the success of "one country, two systems". It also lists six tasks for the two SARs, including "maintaining social stability and fulfilling the constitutional obligation of safeguarding the nation's sovereignty, security and development interests", which is highly specific to Hong Kong.

Once again it warns Hong Kong against deviating from, misinterpreting and changing the "one country, two systems" principle. It also asks Hong Kong and Macao to integrate their own development into the nation's overall development through cooperation with the Chinese mainland and each other.

Details on Hong Kong and Macao affairs in Xi's report give scientific guidance on successfully implementing "one country, two systems" and point the way for development of the constitutional arrangement. In the report Xi follows the same strategic thinking he exemplified in the speeches he made during his inspection tour in Hong Kong in July.

We should study the report alongside Xi's speeches during his last visit in Hong Kong so as to thoroughly understand his words on Hong Kong and Macao affairs in the report.

Xi emphasizes in the report the need to take firm hold of the right to exercise overall jurisdiction over Hong Kong and Macao according to the Constitution of the People's Republic of China and the Basic Laws of the Hong Kong and Macao SARs. A key reason the central government emphasizes overall jurisdiction over the two SARs is that there have been attempts to jeopardize the central authorities' right to maintain overall jurisdiction over Hong Kong. The State Council published a white paper in 2014 to expose all the misinterpretations of the Constitution of the PRC and the Basic Law of the HKSAR and set the record straight on the right to maintain overall jurisdiction over the two SARs of Hong Kong and Macao by the Central People's Government. The right of overall jurisdiction is demonstrated in five ways: through establishment of the SAR government; through supporting the chief executive and the SAR government to govern according to existing law, including the Basic Law; through handling foreign relations concerning Hong Kong; through managing Hong Kong's defense; and through the National People's Congress Standing Committee's power to make decisions concerning Hong Kong, which is vested in the top legislature by the national Constitution and the Basic Law of the HKSAR. The full exercise of the central government's constitutional right to maintain overall jurisdiction over Hong Kong is of utmost importance to ensuring accurate and lasting effect of "one country, two systems" as well as the lasting stability and security of Hong Kong. That is why central authorities attach so much importance to it.

Xi assigned the SAR government and Hong Kong society six tasks in the report: pursuing development; building social harmony; securing and improving people's livelihood; advancing democracy in an orderly fashion; maintaining social stability; and fulfilling the constitutional obligation of safeguarding the nation's sovereignty, security and development interests. There used to be just four requirements in the past: developing the economy; improving people's well-being; advancing democracy; and enhancing social harmony. The illegal "Occupy Central" movement and the Mong Kok riot seriously disrupted Hong Kong's social stability and triggered a sudden surge of separatism that challenges the nation's sovereignty over Hong Kong. That is why Xi's report has added two more requirements for Hong Kong: Maintaining social stability and fulfilling the constitutional obligation of safeguarding the nation's sovereignty, security and development interests. He again emphasized in his report that implementation of "one country, two systems" must not be allowed to deviate from its original course or be distorted. Therefore we must ensure Hong Kong's development takes the correct direction of the "one country, two systems" principle so the SAR will enjoy long-term stability and prosperity with the rest of the country.

In order for Hong Kong and Macao to remain committed to "one country, two systems" Xi has instructed in the report that the rest of the country support the two SARs to integrate their own development into the overall development of the country. He added that priority would be given to developing the Guangdong-Hong Kong-Macao Greater Bay Area; cooperation between Guangdong, Hong Kong, and Macao; and regional cooperation in the pan-Pearl River Delta. Policies will be improved to make it more convenient for people from Hong Kong and Macao to pursue career development on the mainland, he said. This is a major step forward from the past, when the order was to support Hong Kong's prosperity and stability. By asking Hong Kong and Macao to integrate their developments into the overall development of the country Xi has made it clear how cooperation between Hong Kong, Macao and the mainland should proceed.

(HK Edition 10/20/2017 page8)