Multi-level Governance and Constitutions of ‘Plurality-in-Unity’: ‘One Country, Two Systems’ in the Hong Kong Special Administrative Region (1997-2019)

Abstract

This paper seeks to understand the nature of the constitutional order of ‘One Country, Two Systems’ as practiced in the Hong Kong Special Administrative Region of the PRC in 1997-2019 from global and comparative perspectives. The paper consists of three main parts, followed by a concluding section. Part I develops a theoretical framework for studying constitutions involving multi-level governance of states. The framework amounts to a taxonomy of constitutions and constitutional orders, which include a wide array of constitutional and inter-state arrangements, ranging from alliance, confederation and federation to devolution and decentralisation. Part I also identifies the key aspects of any constitutional system of multilevel governance -- its formation, its institutions, its distribution of power, and its rules of amendment. Part II of this paper then studies the constitutional order of ‘One Country, Two systems’ in the case of the HKSAR of the PRC. It is mainly designed to provide factual details of the case of Hong Kong by focusing on the key aspects of the constitutional order of multi-level governance of the HKSAR. Part III of the paper draws on the theoretical framework in part I in order to analyse the case of the HKSAR. It seeks to understand the extent to which the Hong Kong case conforms to any particular model within the taxonomy developed in part I, as well as the extent to which relatively unique features that may not have counterparts elsewhere are present in the case of Hong Kong. Finally, the concluding section of this paper summarises our analysis of the case of the HKSAR in the light of the theoretical discussion in part I of this paper.