Constitutionalism in Asia in the Early Twenty-First Century

(Greg DeLong) #1

Chinese authorities have been skilful in managing the relationship between the


centre and the special administrative regions of Hong Kong and Macau.
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Taiwan


The invention of ‘one country, two systems’ is attributed to Deng Xiaoping’s idea


of a ‘peaceful unification’ between the Chinese mainland and Taiwan. Yet, there is


a misunderstanding that the Chinese leadership is unrealistically preparing to


replicate the Hong Kong model in Taiwan, or that ‘one country, two systems’


ought to be applied identically in the two territories. From the start, Deng Xiaoping


made it clear that the prospective Taiwanese government should be entitled to


much greater powers after national unification. Deng Xiaoping himself proposed


that Taiwan should maintain its partisan, governmental and military institutions,


as well as be provided with some high-ranking posts in the centre. The updated


proposal for national unification from the Chinese leadership can be witnessed in


the 2005 Anti-secession Law (Act). Most observers in Taiwan focus on Article 8 ,


which reads:


In the event that the ‘Taiwan independence’ secessionist forces should


act under any name or by any means to cause the fact of Taiwan’s


secession from China, or that major incidents entailing Taiwan’s


secession from China should occur, or that possibilities for a


peaceful reunification should be completely exhausted, the state shall


employ non-peaceful means and other necessary measures to protect


China’s sovereignty and territorial integrity.^34


For Taiwan, seeing that the PRC still does not give up ‘non-peaceful means’ of


addressing the problem is unacceptable because many decades have passed


since the de facto truce across the strait. However, there are positive signals in


Article 7 ( 2 ), which states:


The two sides of the Taiwan Straits may consult and negotiate on the


following matters:


( 1 ) officially ending the state of hostility between the two sides;


( 2 ) mapping out the development of cross-Straits relations;


( 3 ) steps and arrangements for peaceful national reunification;


( 4 ) the political status of the Taiwan authorities;


(^33) Many expect Hong Kong’s constitutional praxis will accelerate the centre’s change towards
mature constitutionalism. See Fu et al.,Interpreting Hong Kong’s Basic Law,p. 2. For
similar points see Susan Henders, ‘The Hong Kong Special Administrative Region:
implications for world order’, in Laliberte ́and Lanteigne,The Chinese Party-State in the
21 st Century, pp. 106 – 7.
(^34) The Anti-secession Law, Art. 8.


134 Wang and Tu

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