Constitutionalism in Asia in the Early Twenty-First Century

(Greg DeLong) #1

prohibit foreign political organizations or bodies from conducting


political activities in the Region, and to prohibit political organizations


or bodies of the Region from establishing ties with foreign political


organizations or bodies.^32


However, this concern has never been assuaged. Since the 1840 s, Hong Kong has


been a primary residing site for political dissenters escaping from the Chinese


mainland. Their complaints relate not only to curbs on the freedom of speech,


but also on the freedoms of association, conscience, migration, etc. There was


formidable resistance to potential restrictions of these freedoms when Hong Kong


tried to promulgate a territorial ordinance incorporating Article 23 into the indigen-


ous legal system. After a demonstration on 1 July 2003 numbering more than


50 , 000 , the draft was blocked in the Hong Kong legislature and shelved


indefinitely.


Macau


For Macau, the most eye-catching development is that the special administrative


region was authorised by the Standing Committee of the NPC to take over a part of


an island that had not been under its administration before the sovereign handover.


The distance between Hengqin Island and the Macau isles is merely 200 metres,


and Hengqin is three times larger than Macau. As Macau’s land resources have


been exhausted, the special administrative region petitioned the State Council to


construct the new campus of Macau University in Hengqin instead. The State


Council accepted the new campus of Macau University as central to the special


administrative region’s further prosperity, but many legal issues surrounding border


control, customs and legal jurisdiction were raised. Though in the Chinese main-


land a change of administrative boundary is decided by the State Council itself, this


time the State Council referred the case to the Standing Committee of the NPC for


the final decision.


On 27 June 2009 , the ninth session of the Standing Committee of the eleventh


NPC agreed that the Hengqin campus of Macau University should, from then on,


be under the administration of the Macau authorities, and this part of Hengqin


should be segregated from the rest of the island. In other words, the special


administrative region of Macau has thus been substantially enlarged. This arrange-


ment obviously challenges, and even overturns, many assumptions that ‘one


country, two systems’ is a one-way process to assimilate the special administrative


regions into Chinese orthodox ways, or to ‘mainlandise’ their societies. In sharp


contrast to that opinion, the 2009 decision of the Standing Committee of the NPC


shows the possibilities of ‘de-mainlandising’ some parts of Chinese territory in


accordance with the special administrative regions’ need, demonstrating that the


(^32) The Hong Kong Basic Law, Art. 23.


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