section_path: Government and politics
section_name: Government and politics
paragraph_text: Government and politics
  
  Hong Kong is a special administrative region of China, with executive, legislative, and judicial powers devolved from the national government. The Sino-British Joint Declaration provided for economic and administrative continuity through the handover, resulting in an executive-led governing system largely inherited from the territory's history as a British colony. Under these terms and the "one country, two systems" principle, the Basic Law of Hong Kong is the regional constitution. The regional government is composed of three branches:
  
  The chief executive is the head of government and serves for a maximum of two five-year terms. The State Council (led by the Premier of China) appoints the chief executive after nomination by the Election Committee, which is composed of 1500 business, community, and government leaders.
  
  The Legislative Council has 90 members, each serving a four-year term. Twenty are directly elected from geographical constituencies, thirty-five represent functional constituencies (FC), and forty are chosen by an election committee consisting of representatives appointed by the Chinese central government. Thirty FC councillors are selected from limited electorates representing sectors of the economy or special interest groups, and the remaining five members are nominated from sitting district council members and selected in region-wide double direct elections. All popularly elected members are chosen by proportional representation. The 30 limited electorate functional constituencies fill their seats using first-past-the-post or instant-runoff voting.
  
  Twenty-two political parties had representatives elected to the Legislative Council in the 2016 election. These parties have aligned themselves into three ideological groups: the pro-Beijing camp (the current government), the pro-democracy camp, and localist groups. The Chinese Communist Party does not have an official political presence in Hong Kong, and its members do not run in local elections. Hong Kong is represented in the National People's Congress by 36 deputies chosen through an electoral college and 203 delegates in the Chinese People's Political Consultative Conference appointed by the central government.
  
  Chinese national law does not generally apply in the region, and Hong Kong is treated as a separate jurisdiction. Its judicial system is based on common law, continuing the legal tradition established during British rule. Local courts may refer to precedents set in English law and overseas jurisprudence. However, mainland criminal procedure law applies to cases investigated by the Office for Safeguarding National Security of the CPG in the HKSAR. Interpretative and amending power over the Basic Law and jurisdiction over acts of state lie with the central authority, making regional courts ultimately subordinate to the mainland's socialist civil law system. Decisions made by the Standing Committee of the National People's Congress override any territorial judicial process. Furthermore, in circumstances where the Standing Committee declares a state of emergency in Hong Kong, the State Council may enforce national law in the region.
  
  The territory's jurisdictional independence is most apparent in its immigration and taxation policies. The Immigration Department issues passports for permanent residents which differ from those of the mainland or Macau, and the region maintains a regulated border with the rest of the country. All travellers between Hong Kong and China and Macau must pass through border controls, regardless of nationality. Mainland Chinese citizens do not have right of abode in Hong Kong and are subject to immigration controls. Public finances are handled separately from the national government; taxes levied in Hong Kong do not fund the central authority.
  
  The Hong Kong Garrison of the People's Liberation Army is responsible for the region's defence. Although the Chairman of the Central Military Commission is supreme commander of the armed forces, the regional government may request assistance from the garrison. Hong Kong residents are not required to perform military service, and current law has no provision for local enlistment, so its defence is composed entirely of non-Hongkongers.
  
  The central government and Ministry of Foreign Affairs handle diplomatic matters, but Hong Kong retains the ability to maintain separate economic and cultural relations with foreign nations. The territory actively participates in the World Trade Organization, the Asia-Pacific Economic Cooperation forum, the International Olympic Committee, and many United Nations agencies. The regional government maintains trade offices in Greater China and other nations.
  
  The imposition of the Hong Kong national security law by the central government in Beijing in June 2020 resulted in the suspension of bilateral extradition treaties by the United Kingdom, Canada, Australia, New Zealand, Finland, and Ireland. The United States ended its preferential economic and trade treatment of Hong Kong in July 2020 because it was no longer able to distinguish Hong Kong as a separate entity from the People's Republic of China. In 2024, the Safeguarding National Security Ordinance was passed by the Legislative Council to grant officials "even more powers to crack down on opposition to Beijing and the Hong Kong government" and includes penalties such as life imprisonment for political crimes such as treason and insurrection. Critics state that this expansion "will strike a lasting blow to the partial autonomy the city had been promised by China."