Special administrative regions of China

The special administrative regions (SAR) are one type of provincial-level administrative divisions of China directly under Central People's Government. As a region, they possess the highest degree of autonomy in China. Despite the relative autonomy that the Central People's Government affords special administrative regions, the National People's Congress is still able to unilaterally write laws in secret for special administrative regions that are not read publicly until they are passed.[3]

Special Administrative Regions of the People’s Republic of China
National flag of the People's Republic of China
Regional flags of Hong Kong and of Macau
Macau and Hong Kong in Pearl River Delta in southeastern China
Largest SAR/city	Hong Kong
Official languages	Chinese (both) English (Hong Kong) Portuguese (Macau)
Official script	Traditional Chinese, Latin script
Demonym(s)	Hongkonger, Hong Kongese (Hong Kong) Macau (Macau)
Special Administrative Regions	2 SARs Hong Kong Macau
Government	One country, two systems
• Party leader & Head of State	Xi Jinping
• Head of Central government	Li Keqiang
• Head of National Congress	Li Zhanshu
• Chief Executive of Hong Kong	Carrie Lam
• Chief Executive of Macau	Ho Iat Seng
Area
• Total	1,135.7 km^2 (438.5 sq mi)
Population
• 2014[lower-alpha 1] estimate	7,858,800[1][2]
• Density	6,920/km^2 (17,922.7/sq mi)
Currency	Hong Kong dollar (both) Macanese pataca (Macau)
Date format	yyyy年m月d日 or yyyy-mm-dd or dd/mm/yyyy (CE; CE-1949)
Second quarter

Special Administrative Region(s) of the People's Republic of China
Chinese name
Traditional Chinese	中華人民共和國特別行政區
Simplified Chinese	中华人民共和国特别行政区
Cantonese Yale	Jūng'wàh Yàhnmàhn Guhng'wòhgwok Dahkbiht Hàngjingkēui
Transcriptions Standard Mandarin Hanyu Pinyin Zhōnghuá Rénmín Gònghéguó Tèbié Xíngzhèngqū IPA [tʰɤ̂.pjě ɕǐŋ.ʈʂə̂ŋ.tɕʰú] Yue: Cantonese Yale Romanization Jūng'wàh Yàhnmàhn Guhng'wòhgwok Dahkbiht Hàngjingkēui Jyutping Dak6bit6 Hang4zing3keoi1 IPA [tɐ̀k̚.pìːt̚ hɐ̭ŋ.tsēːŋ.kʰɵ́y]
Portuguese name
Portuguese	Regiões Administrativas Especiais da República Popular da China pronounced [ʁɨʒiˈõɨʃ ɐdminiʃtɾɐˈtivɐʃ (ɨ)ʃpɨsiˈaiʃ]

The legal basis for the establishment of SARs, unlike the administrative divisions of Mainland China, is provided for by Article 31, rather than Article 30, of the Constitution of the People's Republic of China of 1982. Article 31 reads: "The state may establish special administrative regions when necessary. The systems to be instituted in special administrative regions shall be prescribed by law enacted by the National People's Congress in the light of the specific conditions".[4][5][6][7]

At present, there are two SARs established according to the Constitution, namely the Hong Kong SAR and the Macau SAR, former British and Portuguese dependencies, respectively,[8] transferred to China in 1997 and 1999, respectively, pursuant to the Sino-British Joint Declaration of 1984 and the Sino-Portuguese Joint Declaration of 1987. Pursuant to their Joint Declarations, which are binding inter-state treaties registered with the United Nations, and their Basic laws, the Chinese SARs "shall enjoy a high degree of autonomy".[9] Generally, the two SARs are not considered to constitute a part of Mainland China, by both Chinese and SAR authorities.

There is additionally the Wolong Special Administrative Region in Sichuan province, which is however not established according to Article 31 of the Constitution.

The provision to establish special administrative regions appeared in the constitution in 1982, in anticipation of the talks with the United Kingdom over the question of the sovereignty over Hong Kong. It was envisioned as the model for the eventual reunification with Taiwan and other islands, where the Republic of China has resided since 1949. Special administrative regions should not be confused with special economic zones, which are areas in which special economic laws apply to promote trade and investments.

Under the One country, two systems principle, the two SARs continue to possess their own governments, multi-party legislatures, legal systems, police forces, monetary systems, separate customs territory, immigration policies, national sports teams, official languages, postal systems, academic and educational systems, and substantial competence in external relations that are different or independent from the People's Republic of China.

List of special administrative regions of China

There are currently two special administrative regions established according to Article 31 of the Chinese Constitution. For the Wolong Special Administrative Region in Sichuan Province, please see the section Wolong below.

Special administrative regions of the People's Republic of China[note 1]

Name	Chinese (T) / (S)	Yale	Pinyin	Postal map	Abbreviation and GB	Population	Area km^2	ISO	ISO:CN	Admin. Division
Hong Kong	香港	Hēunggóng	Xiānggǎng	Hongkong	港 (Gǎng), HK, HKSAR	7,184,000	1,104.4	HK	CN-91	List (18 districts)
Macau	澳門 / 澳门	Oumùhn	Àomén	Macao	澳 (Ào), MO, MC, MSAR, RAEM	614,500	31.3	MO	CN-92	List (8 freguesias)

Characteristics

See also: Hong Kong Basic Law and Macau Basic Law

The two special administrative regions of Hong Kong and Macau (created in 1997 and 1999 respectively) each have a codified constitution called Basic Law.[8] The law provides the regions with a high degree of autonomy, a separate political system, and a capitalist economy under the principle of "one country, two systems" proposed by Deng Xiaoping.[8]

High degree of autonomy

Currently, the two SARs of Hong Kong and Macau are responsible for all affairs except those regarding diplomatic relations and national defence.[10] Consequently, the National People's Congress authorises the SAR to exercise a high degree of autonomy and enjoy executive, legislative and independent judicial power,[11] and each with their own Courts of Final Appeal.[12]

External affairs

Special administrative regions are empowered to contract a wide range of agreements with other countries and territories such as mutual abolition of visa requirement, mutual legal aid, air services, extradition, handling of double taxation and others, with no Chinese government involvement. However, in some diplomatic talks involving a SAR, the SAR concerned may choose to send officials to be part of the Chinese delegation. For example, when former Director of Health of Hong Kong Margaret Chan became the World Health Organization (WHO) Director-General, she served as a delegate from the People's Republic of China to the WHO.

In sporting events the SARs participate under the respective names of "Hong Kong, China" and "Macau, China", and compete as different entities[13] as they had done since they were under foreign rules, but both SARs are usually allowed to omit the term ", China" for informal use.

The Government of Hong Kong has established Hong Kong Economic and Trade Offices (HKETOs) in few countries as well as Greater China Region. HKETOs serve as a quasi-interests section in favour of Hong Kong. For regions with no HKETOs, Chinese diplomatic missions take charge of protecting Hong Kong-related interests.

Some countries which have a diplomatic relationship with the central Chinese government maintain Consulate-General offices in Hong Kong.

Defense and military

The People's Liberation Army is garrisoned in both SARs. PRC authorities have said the PLA will not be allowed to interfere with the local affairs of Hong Kong and Macau, and must abide by its laws.[14] In 1988, scholar Chen Fang of the Academy of Military Science even tried to propose the "One military, two systems" concept to separate the defence function and public functions in the army.[14] The PLA does not participate in the governance of the SAR but the SAR may request them for civil-military participation, in times of emergency such as natural disasters. Defence is the responsibility of the PRC government.[10]

A 1996 draft PRC law banned People's Liberation Army–run businesses in Hong Kong, but loopholes allow them to operate while the profits are ploughed back into the military.[14] There are many PLA-run corporations in Hong Kong. The PLA also have sizeable land holdings in Hong Kong worth billions of dollars.[14]

Immigration and nationality

Each of the SARs issues passports on its own to its permanent residents who are concurrently Chinese (PRC) citizens. PRC citizens must also satisfy one of the following conditions:

• born in the SAR;
• born anywhere while either parent was a permanent resident of the SAR;
• resided continuously and legally for seven or more years in the SAR and therefore gained a right of abode in the SAR.

Apart from affording the holder consular protection by the Ministry of Foreign Affairs of the People's Republic of China, these passports also specify that the holder has right of abode in the issuing SAR.

The National People's Congress has also put each SAR in charge of administering the PRC's Nationality Law in its respective realms, namely naturalisation, renunciation and restoration of PRC nationality and issuance of proof of nationality.

Due to their colonial past, many inhabitants of the SARs hold some form of non-Chinese nationality (e.g. British National (Overseas) status, British citizenship, British Overseas citizenship or Portuguese citizenship). However, SAR residents who are Chinese descent have always been considered as Chinese citizens by the PRC authorities, an exception to this case is Macau, wherein residents of Chinese descent may choose Chinese or Portuguese nationality. Special interpretation of the Nationality Law, while not recognising dual nationality, has allowed Chinese citizens to keep their foreign "right of abode" and use travel documents issued by the foreign country. However, such travel documents cannot be used to travel to mainland China and persons concerned must use Home Return Permit. Therefore, master nationality rule applies so the holder may not enjoy consular protection while in mainland China. Chinese citizens who also have foreign citizenship may declare a change of nationality at the Immigration Department of the respective SARs, and upon approval, would no longer be considered Chinese citizens.

SAR permanent residents who are not Chinese citizens (including stateless persons) are not eligible for SAR passports. Persons who hold a non-Chinese citizenship must obtain passports from foreign diplomatic missions which represents their countries of citizenship. For those who are stateless, each SAR may issue its own form of certificates of identity, e.g. Document of Identity, in lieu of national passports to the persons concerned. Chinese citizens who are non-permanent residents of two SARs are also ineligible for SAR passports but may obtain CIs just like stateless persons.

Comparisons

Body	Hong Kong	Macau		China (Central Government only)
Constitutional Document	Hong Kong Basic Law (based on English common law)	Macau Basic Law (based on Portuguese civil law)		Constitution of the PRC
Final Authority of Constitutional Interpretation & Review	NPC Standing Committee	NPC Standing Committee		NPC Standing Committee
Head of State / Territory	Chief Executive of Hong Kong	Chief Executive of Macau		President of the PRC
Head of Government	Chief Executive of Hong Kong	Chief Executive of Macau		Premier of the State Council
Executive	Executive Council of Hong Kong	Executive Council of Macau		State Council
Legislative	Legislative Council	Legislative Assembly		National People's Congress (NPC); NPC Standing Committee
Judiciary	Court of Final Appeal of Hong Kong	Court of Final Appeal of Macau		Supreme People's Court
Legal Supervisory or Prosecution	Department of Justice	Public Prosecutions Office		Supreme People's Procuratorate
Police	Hong Kong Police (part of Hong Kong Disciplined Services)	Public Security Police; Judicial Police (parts of Macau Security Force)		People's Police (of Public Security, State Security, Justice, Court and Procuratorate systems); People's Armed Police
Military	PLA Hong Kong Garrison	PLA Macau Garrison		People's Liberation Army (PLA); People's Armed Police; Militia
Currency	Hong Kong dollar	Macanese pataca		Renminbi (Chinese yuan)
Official Language(s)	Chinese (traditional, (Cantonese)), English	Chinese (traditional, (Cantonese)), Portuguese		Standard Chinese (Putonghua) (simplified)
Foreign relations	limited under "Hong Kong, China"	limited under "Macau, China"		full rights
Principal Agency in Foreign Affairs	Ministry of Foreign Affairs Commissioner Office in Hong Kong	Ministry of Foreign Affairs Commissioner Office in Macau		Ministry of Foreign Affairs
Citizenship	Chinese citizenship	Chinese citizenship		Chinese citizenship
Proof of Residency	Right of abode	Right of abode[15]		Hukou
Passport	Hong Kong SAR passport	Macau SAR passport		PRC passport
Passport Issuing Authorities	Immigration Department	Identification Services Bureau		Ministry of Public Security; Ministry of Foreign Affairs/diplomatic missions (and local government Foreign Affairs Offices)
Customs	Customs and Excise Department	Macau Customs Service		General Administration of Customs

Offer to Taiwan and other ROC-controlled areas

See also: Taiwan Province, People's Republic of China

The status of a special administrative region for Taiwan and other areas controlled by the Republic of China (ROC) was first proposed in 1981.[8] The 1981 proposal was put forth by Ye Jianying called "Ye's nine points" (葉九條).[16] A series of different offers have since appeared. On 25 June 1983 Deng Xiaoping appeared at Seton Hall University in the US to propose "Deng's six points" (鄧六條), which called for a "Taiwan Special Administrative Region" (台灣特別行政區).[16] It was envisioned that after Taiwan's unification with the PRC as an SAR, the PRC would become the sole representative of China.[16] Under this proposal, Taiwan would be guaranteed its own military,[16] its own administrative and legislative powers, an independent judiciary and the right of adjudication, although it would not be considered a separate government of China.[16]

In 2005 the Anti-Secession Law of the PRC was enacted. It promises the lands currently ruled by the authorities of Taiwan a high degree of autonomy, among other things.[17] The PRC can also employ non-peaceful means and other necessary measures to defend its claims to sovereignty over the ROC's territories in the event of an outright declaration of independence by Taiwan (ROC).[17]

In January 2019, the 40 year anniversary of a statement made by the PRC to Taiwan in 1979, Chinese Communist Party general secretary Xi Jinping outlined in a speech how the "one country, two systems" principle would be applied to Taiwan.[18] Several major points from the speech include:[19]

• Taiwan would be a special administrative region of China, and part of the PRC. The ROC would no longer exist.[19]
• Taiwan's institutions would metamorphose into sub-national bodies.[19]
• Taiwan's social system and economic lifestyle would be respected.[19]
• Taiwan's private property rights, belief systems, and "legitimate rights and interests" would be safeguarded.[19]
• The "Taiwan issue" should not be passed down from generation to generation (i.e. reunification should be done promptly).[19]
• The reunification of Taiwan would lead to the "great rejuvenation of the Chinese nation".[19]

Wolong

The Wolong Special Administrative Region[20] (Chinese: 卧龙特别行政区; pinyin: Wòlóng Tèbié Xíngzhèngqū) is located in the southwest of Wenchuan County, Ngawa Tibetan and Qiang Autonomous Prefecture of Sichuan. It was formerly known as Wolong Special Administrative Region of Wenchuan County, Sichuan Province and was founded in March 1983 with approval of the State Council. It was given its current name and placed under Sichuan provincial government with administrative supervision by the provincial department of forestry. Its area supersedes Sichuan Wolong National Nature Reserve and its administrative office is the same as the Administrative Bureau of the State Forestry Administration for the reserve. It currently has a population of 5343.[20]

Despite its name, the Wolong Special Administrative Region is not an SAR as defined by Article 31 of the Constitution of the People's Republic of China; as a result, it has been proposed the Wenchuan Wolong Special Administrative Region of Sichuan Province change its name, with designations such as special area or township.[21]

Defunct SARs

In the Republic of China (ROC) era between 1912 and 1949, the "special administrative regions" (Chinese: 特別行政區; pinyin: tèbié xíngzhèngqū) were historically used to designate special areas, most of which were eventually converted into provinces. All were suspended or abolished after the end of the Chinese Civil War, with the establishment of the People's Republic of China (PRC) and the ROC government's retreat to Taiwan. The regions were:

Name	Chinese	Pinyin	Created	Became province	Current status
Suiyuan	綏遠	Suíyuǎn	1914	1928	Part of Inner Mongolia
Chahar	察哈爾	Cháhā'ěr	1914	1928	Distributed into Inner Mongolia, Beijing and Hebei
Jehol	熱河	Rèhé	1914	1928	Distributed into Hebei, Liaoning and Inner Mongolia
Chwanpien	川邊	Chuānbiān	1914	1935 (as Xikang Province)	Western Sichuan and eastern Tibet Autonomous Region
Tungsheng	東省	Dōngshěng	1924		Land along the Chinese Eastern Railway, now part of Heilongjiang
Weihai	威海	Wēihǎi	1930		Part of Shandong
Hainan	海南	Hǎinán	1944	In preparation in 1949	Hainan Province

Chahar SAR

Chahar was made a special administrative region in 1914 by the Republic of China, as a subdivision of the then Zhili Province, with 6 banners and 11 counties. In 1928 it became a province, with 5 of its counties partitioned to Suiyuan, and 10 counties were included from Hebei.

See also

• Autonomous regions of China
• Constitution of the People's Republic of China
• History of Hong Kong
  • British Hong Kong
• History of Macau
  • Portuguese Macau

Notes

1. References and details on data provided in the table can be found within the individual provincial articles.

References

1. "Mid-year Population for 2014". Census and Statistics Department (Hong Kong). 12 August 2014. Archived from the original on 6 October 2014. Retrieved 5 October 2014.
2. "Demographic Statistics for the 2nd Quarter 2014". Statistics and Census Service of the Government of Macau SAR. 11 August 2014. Archived from the original on 14 November 2014. Retrieved 5 October 2014.
3. Regan, Helen (29 June 2020). "China passes sweeping Hong Kong national security law". CNN. Retrieved 29 July 2020.
4. Administrative divisions of the People's Republic of China (中华人民共和国行政区划; Zhōnghuá Rénmín Gònghéguó Xíngzhèng Qūhuà), 15 June 2005, archived from the original on 23 July 2010, retrieved 5 June 2010
5. Chapter II: Relationship between the Central Authorities and the Hong Kong Special Administrative Region, Article 12, archived from the original on 29 July 2010, retrieved 5 June 2010
6. Chapter II Relationship between the Central Authorities and the Macau Special Administrative Region, Article 12, archived from the original on 5 February 2012, retrieved 5 June 2010
7. Lauterpacht, Elihu. Greenwood, C. J. [1999] (1999). International Law Reports Volume 114 of International Law Reports Set Complete set. Cambridge University Press, 1999. ISBN 0521642442, 9780521642446. p 394.
8. Ghai, Yash P. (2000). Autonomy and Ethnicity: Negotiating Competing Claims in Multi-Ethnic States. Cambridge University Press. ISBN 0521786428, 9780521786423. p 92.
9. Article 12, Basic Law of Hong Kong and Article 12, Basic Law of Macau
10. Zhang Wei-Bei. [2006] (2006). Hong Kong: the pearl made of British mastery and Chinese docile-diligence. Nova Publishers. ISBN 1594546002, 9781594546006.
11. Chan, Ming K. Clark, David J. [1991] (1991). The Hong Kong Basic Law: Blueprint for Stabiliree Legal Orders – Perspectives of Evolution: Essays on Macau's Autonomy After the Resumption of Sovereignty by China. ISBN 3540685715, 9783540685715. p 212.
12. Oliveira, Jorge. Cardinal, Paulo. [2009] (2009). One Country, Two Systems, Three Legal Orders – Perspectives of Evolution: Essays on Macau's Autonomy After the Resumption of Sovereignty by China. ISBN 3540685715, 9783540685715. p 212.
13. English.eastday.com. English.eastday.com Archived 21 January 2012 at the Wayback Machine. "China keeps low key at East Asian Games." Retrieved on 13 December 2009.
14. Gurtov, Melvin. Hwang, Byong-Moo Hwang (1998). China's Security: The New Roles of the Military. Lynne Rienner Publishing. ISBN 1555874347, 9781555874346. pp. 203–204.
15. "Macau SAR Identification Department". www.dsi.gov.mo. Archived from the original on 6 November 2016. Retrieved 6 November 2016.
16. “鄧六條”（1983年6月25日）. big5.china.com.cn. 20 December 2004. Archived from the original on 27 September 2011. Retrieved 14 December 2009.
17. United Nations refugee agency. "UNHCR Archived 18 October 2012 at the Wayback Machine." Anti-Secession Law (No. 34). Retrieved on 14 December 2009.
18. Bush, Richard C. (7 January 2019). "8 key things to notice from Xi Jinping's New Year speech on Taiwan". Brookings. Retrieved 9 January 2019.
19. Bush, Richard C. (7 January 2019). "8 key things to notice from Xi Jinping's New Year speech on Taiwan". Brookings. Retrieved 9 January 2019.
20. Wolong Introduction Archived 11 July 2015 at the Wayback Machine
21. "A Brief Review of the Special Administrative Regions and the Special Administrative Region System" (PDF). Archived (PDF) from the original on 11 July 2015. Retrieved 10 July 2015.