Relationship between the Central Authorities and the HKSAR

Which authority does the HKSAR come directly under?

• The Central People's Government
• Not under any province, autonomous region or municipality
• Enjoys a high degree of autonomy
• Is a local administrative region

Who is responsible for managing foreign affairs relating to the HKSAR?

• The Central People's Government manages foreign affairs
• The Ministry of Foreign Affairs establishes an office in Hong Kong
• The HKSAR is authorised to conduct external affairs on its own
• Foreign affairs do not fall within the HKSAR's autonomy

Which of the following is the responsibility of the Central People's Government rather than the HKSAR Government?

• Defence is the responsibility of the Central People's Government
• Public order is the responsibility of the HKSAR Government
• Garrison expenditure is borne by the Central People's Government
• Garrison forces shall not interfere in local affairs

According to the Basic Law, what laws must garrison personnel in Hong Kong abide by?

• Must abide by national laws
• Must abide by HKSAR laws
• Must abide by both
• Must not interfere in local affairs

The Chief Executive of the HKSAR is appointed by ____?

• Appointed by the Central People's Government
• NOT appointed by the National People's Congress
• NOT appointed by the NPCSC
• Principal officials are also appointed by the Central People's Government

A law returned by the NPCSC will ____.

• Take immediate effect as void
• Have no retroactive effect unless otherwise provided by HKSAR laws
• Is not amended by the NPCSC
• Filing does not affect the entry into force of the law

The NPCSC may return an HKSAR law if it is inconsistent with provisions relating to ____.

• Matters within the responsibility of the Central Authorities
• The relationship between the Central Authorities and the HKSAR
• Must first consult the Basic Law Committee
• May only return, not amend

National laws listed in Annex III are limited to those relating to ____.

• Defence
• Foreign affairs
• Other matters outside the HKSAR's autonomy under the Basic Law
• Laws on external affairs or ordinary civil matters may not be added

Who declares the state of emergency and who issues the order to apply national laws in Hong Kong?

• The NPCSC makes the declaration of a state of emergency
• The Central People's Government issues the order to apply relevant national laws
• The two institutions have different roles — do not confuse them
• A state of war is also declared by the NPCSC

Hong Kong courts have no jurisdiction over ____.

• Acts of state such as defence and foreign affairs
• Courts have jurisdiction over all other cases in the HKSAR
• When encountering acts of state, courts must obtain a certificate from the Chief Executive
• The certificate issued by the Chief Executive is binding on the courts

What is the legal effect of a certificate issued by the CE regarding acts of state? What must the CE obtain first?

• The certificate is binding on the courts
• The CE must first obtain a certificate from the Central People's Government
• Chain: court → CE → CPG → CE → court
• Courts cannot independently determine the nature of acts of state

The HKSAR may enjoy other powers granted by ____.

• The National People's Congress
• The Standing Committee of the National People's Congress
• The Central People's Government
• All three must be named — naming only one or two is incorrect

How do Chinese citizens residing in the HKSAR participate in the work of the NPC?

• They elect HKSAR deputies to the NPC in Hong Kong
• The quota and electoral procedures are determined by the NPC
• Chinese citizens participate in the management of state affairs in accordance with law
• Only Chinese nationals may participate; non-Chinese nationals may not

What TWO conditions must central departments satisfy to establish offices in the HKSAR?

• Must obtain the consent of the HKSAR Government
• Must obtain the approval of the Central People's Government
• Both conditions must be satisfied simultaneously
• After establishment, must abide by HKSAR laws

People from other parts of China entering the HKSAR must ____; who decides the settlement quota?

• Must apply for approval — not free movement
• The settlement quota is determined by the competent authorities of the Central People's Government
• The central authorities must consult the HKSAR Government
• The HKSAR Government has a consultative but not decisive role

The HKSAR shall enact laws to prohibit ____ from conducting political activities in the HKSAR.

• Foreign political organisations or bodies
• NOT "any political organisation or body"
• NOT "commercial organisations"
• HKSAR political bodies must also not establish ties with foreign political bodies

The HKSAR shall enact laws to prohibit treason, secession, sedition, subversion of the CPG and ____.

• Theft of state secrets
• NOT "interfering in foreign affairs"
• NOT "calling for international sanctions"
• NOT "violating national security" (a common distractor)

May foreign political organisations conduct political activities in the HKSAR? Who bears the legislative responsibility?

• No — the HKSAR must enact laws on its own to prohibit this
• The NPC does not legislate on behalf of the HKSAR
• It is a mandatory legislative obligation on the HKSAR
• All seven prohibited categories must be covered