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109-514: This is a list of the heads of the modern Bulgarian state, from the establishment of the Principality of Bulgaria to the present day. It also lists the general secretaries of the Bulgarian Communist Party in 1948–1990. From 1948 onwards, the general secretary was the country's de facto chief executive. Head of state A head of state (or chief of state ) is
218-434: A head of government or a cabinet minister or in other cases (possibly as a message, for instance, to distance themselves without rendering offence) just a military officer or civil servant. For non-executive heads of state there is often a degree of censorship by the politically responsible government (such as the head of government ). This means that the government discreetly approves agenda and speeches, especially where
327-556: A bill to the Supreme Court to test its constitutionality, which are used under the president's discretion. The most extreme non-executive republican head of state is the President of Israel , which holds no reserve powers whatsoever. The least ceremonial powers held by the president are to provide a mandate to attempt to form a government, to approve the dissolution of the Knesset made by
436-509: A ceremonial figurehead with no independent discretionary powers related to the governance of Japan. Since the passage in Sweden of the 1974 Instrument of Government , the Swedish monarch no longer has many of the standard parliamentary system head of state functions that had previously belonged to him or her, as was the case in the preceding 1809 Instrument of Government . Today, the speaker of
545-650: A conflict between "one country" and "two systems" by stating that the interests of China ("one country") should prevail over Hong Kong's constitutional autonomy ("two systems"). This ignited criticism from many people in Hong Kong, who said that the Communist leadership was undermining the Basic Law Article 8, in that it was reneging on its pledges to abide by the policy that allows for a democratic, autonomous Hong Kong under Beijing's rule. The Basic Law guarantees Hong Kong
654-472: A crime is committed across provincial or SAR borders. The current status quo is that Hong Kong will ask for the return of Hong Kong residents who have committed crimes in Hong Kong and are arrested in the mainland. A mainlander who commits a crime in Hong Kong and flees back to the mainland, however, will be tried in the mainland. In cases of concurrent jurisdiction, the Central Government has demanded that
763-440: A federal constituent or a dependent territory, the same role is fulfilled by the holder of an office corresponding to that of a head of state. For example, in each Canadian province the role is fulfilled by the lieutenant governor , whereas in most British Overseas Territories the powers and duties are performed by the governor . The same applies to Australian states , Indian states , etc. Hong Kong 's constitutional document,
872-538: A head of state, and determines the extent of its head's executive powers of government or formal representational functions. In terms of protocol : the head of a sovereign , independent state is usually identified as the person who, according to that state's constitution, is the reigning monarch , in the case of a monarchy ; or the president, in the case of a republic . Among the state constitutions (fundamental laws) that establish different political systems, four major types of heads of state can be distinguished: In
981-621: A high degree of autonomy under Chinese rule, with the exception of foreign affairs and defence which remains the purview of the Central People's Government. Four agencies of the central government operate in Hong Kong. The Office of the Commissioner of the Ministry of Foreign Affairs was established under Article 13 of the Basic Law and began operating after the handover. The Liaison Office of
1090-429: A host role during a state visit , and the programme may feature playing of the national anthems by a military band , inspection of military troops , official exchange of gifts, and attending a state dinner at the official residence of the host. At home, heads of state are expected to render lustre to various occasions by their presence, such as by attending artistic or sports performances or competitions (often in
1199-498: A majority support in the legislature (or, at least, not a majority opposition – a subtle but important difference). It also gives the legislature the right to vote down the head of government and their cabinet, forcing it either to resign or seek a parliamentary dissolution. The executive branch is thus said to be responsible (or answerable) to the legislature, with the head of government and cabinet in turn accepting constitutional responsibility for offering constitutional advice to
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#17330934247021308-733: A matter of convention, the presidency has been held simultaneously by the General Secretary of the Chinese Communist Party , the top leader in the one party system . The presidency is officially regarded as an institution of the state rather than an administrative post; theoretically, the President serves at the pleasure of the National People's Congress , the legislature, and is not legally vested to take executive action on its own prerogative. While clear categories do exist, it
1417-583: A mention or signature; and public places, streets, monuments and institutions such as schools are named for current or previous heads of state. In monarchies (e.g., Belgium) there can even be a practice to attribute the adjective "royal" on demand based on existence for a given number of years. However, such political techniques can also be used by leaders without the formal rank of head of state, even party - and other revolutionary leaders without formal state mandate. Heads of state often greet important foreign visitors, particularly visiting heads of state. They assume
1526-755: A notable feature of constitutions in the Americas , including those of Argentina , Brazil , Colombia , El Salvador , Mexico and Venezuela ; this is generally attributed to the strong influence of the United States in the region, and as the United States Constitution served as an inspiration and model for the Latin American wars of independence of the early 19th century. Most presidents in such countries are selected by democratic means (popular direct or indirect election); however, like all other systems,
1635-416: A parliamentary system (such as India, Germany, Austria, Italy and Israel), the head of state is usually titled president and the principal functions of such presidents are mainly ceremonial and symbolic, as opposed to the presidents in a presidential or semi-presidential system. In reality, numerous variants exist to the position of a head of state within a parliamentary system. The older the constitution,
1744-489: A person must love the country and love Hong Kong and that safeguards for this purpose should be provided for by the specific method of universal suffrage, without specifying what the safeguards were to be. The reform proposal encompassing this and other changes was rejected by the Legislative Council on June 18, 2015, after an ill-timed walk-out by many pro-establishment legislators. The courts of Hong Kong are given
1853-439: A referendum to allow him to resume his monarchical powers and duties, but because of the ongoing controversy he ultimately abdicated.) The Belgian constitutional crisis in 1990, when the head of state refused to sign into law a bill permitting abortion, was resolved by the cabinet assuming the power to promulgate the law while he was treated as "unable to reign" for twenty-four hours. These officials are excluded completely from
1962-425: A representative committee under democratic procedures." However, Hong Kong has yet to implement universal suffrage for the elections, because the Basic Law states that the electoral method are subject to the "actual situation" of Hong Kong and "the principle of gradual and orderly progress". Whether the 2007 chief executive election and the 2008 Legislative Council elections could be performed by universal suffrage
2071-424: A separate head of government. However, in some parliamentary systems, like South Africa , there is an executive president that is both head of state and head of government. Likewise, in some parliamentary systems the head of state is not the head of government, but still has significant powers, for example Morocco . In contrast, a semi-presidential system , such as France , has both heads of state and government as
2180-545: A shadowy 'Central Investigation Team' ("中央專案組" or "中央調查組"). Article 95 provides for mutual judicial assistance between Hong Kong and the PRC; however, serious stumbling blocks, such as capital punishment stand in the way of a formal understanding of extradition . Additionally, HKSAR authorities have ruled that Articles 6 and 7 of the PRC Criminal Code does not give Hong Kong sole jurisdiction in criminal matters, particularly when
2289-507: A theatrical honour box, on a platform, on the front row, at the honours table), expositions, national day celebrations , dedication events, military parades and war remembrances, prominent funerals, visiting different parts of the country and people from different walks of life, and at times performing symbolic acts such as cutting a ribbon , groundbreaking , ship christening , laying the first stone. Some parts of national life receive their regular attention, often on an annual basis, or even in
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#17330934247022398-545: Is defined in the constitution as "the symbol of the State and of the unity of the people" (article 1), and is generally recognised throughout the world as the Japanese head of state. Although the emperor formally appoints the prime minister to office, article 6 of the constitution requires him to appoint the candidate "as designated by the Diet", without any right to decline appointment. He is
2507-547: Is sometimes difficult to choose which category some individual heads of state belong to. In reality, the category to which each head of state belongs is assessed not by theory but by practice. Constitutional change in Liechtenstein in 2003 gave its head of state, the Reigning Prince , constitutional powers that included a veto over legislation and power to dismiss the head of government and cabinet. It could be argued that
2616-452: The Basic Law , for example, specifies the chief executive as the head of the special administrative region, in addition to their role as the head of government. These non-sovereign-state heads, nevertheless, have limited or no role in diplomatic affairs, depending on the status and the norms and practices of the territories concerned. In parliamentary systems the head of state may be merely
2725-617: The Hong Kong West Kowloon station of the Guangzhou–Shenzhen–Hong Kong Express Rail Link was completed to include a section where mainland Chinese officials are allowed to exercise Chinese laws, an arrangement that intended to reduce the time needed for immigration. The effectiveness of Chinese law inside Hong Kong territory was challenged in the same year in the Court of First Instance. The court ruled that
2834-518: The National Assembly ( legislature ) and is thus similar, in principle, to a head of government in a parliamentary system but is also, in addition, recognised as the head of state. The offices of president of Nauru and president of Botswana are similar in this respect to the South African presidency. Panama , during the military dictatorships of Omar Torrijos and Manuel Noriega ,
2943-630: The Reichstag , which was expected, in normal circumstances, to be answerable to the Reichstag. Initially, the president was merely a symbolic figure with the Reichstag dominant; however, persistent political instability, in which governments often lasted only a few months, led to a change in the power structure of the republic, with the president's emergency powers called increasingly into use to prop up governments challenged by critical or even hostile Reichstag votes. By 1932, power had shifted to such an extent that
3052-725: The Sino–British Joint Declaration was signed, the National People's Congress set up the Basic Law Drafting Committee (BLDC) in 1985, setting the basis of the transfer of sovereignty in Hong Kong from the United Kingdom to China. The committee was responsible for writing the draft Basic Law. In June 1985, the Standing Committee of the National People's Congress (NPCSC) approved the membership of
3161-491: The Viceroy and Governor-General of India . Head of state is the highest-ranking constitutional position in a sovereign state. A head of state has some or all of the roles listed below, often depending on the constitutional category (above), and does not necessarily regularly exercise the most power or influence of governance. There is usually a formal public ceremony when a person becomes head of state, or some time after. This may be
3270-413: The constitutionally socialist state type inspired by the former Union of Soviet Socialist Republics (USSR) and its constitutive Soviet republics , real political power belonged to the sole legal party. In these states, there was no formal office of head of state, but rather the leader of the legislative branch was considered to be the closest common equivalent of a head of state as a natural person . In
3379-687: The de facto Soviet leader at the moment. For example, Nikita Khrushchev never headed the Supreme Soviet but was First Secretary of the Central Committee of the Communist Party (party leader) and Chairman of the Council of Ministers ( head of government ). This may even lead to an institutional variability, as in North Korea , where, after the presidency of party leader Kim Il Sung , the office
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3488-420: The de facto leaders of the nation (in practice they divide the leadership of the nation between themselves). Meanwhile, in presidential systems , the head of state is also the head of government. In one-party ruling communist states , the position of president has no tangible powers by itself; however, since such a head of state, as a matter of custom, simultaneously holds the post of General Secretary of
3597-502: The high contracting party with respect to international treaties. The remaining official functions of the sovereign, by constitutional mandate or by unwritten convention, are to open the annual session of the Riksdag, receive foreign ambassadors and sign the letters of credence for Swedish ambassadors, chair the foreign advisory committee, preside at the special Cabinet council when a new prime minister takes office, and to be kept informed by
3706-518: The personification of the Canadian state and is described by the Department of Canadian Heritage as the "personal symbol of allegiance, unity and authority for all Canadians". In many countries, official portraits of the head of state can be found in government offices, courts of law, or other public buildings. The idea, sometimes regulated by law, is to use these portraits to make the public aware of
3815-482: The "imperial model", because the executive officials of the government are answerable solely and exclusively to a presiding, acting head of state, and is selected by and on occasion dismissed by the head of state without reference to the legislature. It is notable that some presidential systems, while not providing for collective executive accountability to the legislature, may require legislative approval for individuals prior to their assumption of cabinet office and empower
3924-790: The BLDC as "subversives". Lee and Szeto had voiced support for student activists in Beijing and had led the Hong Kong Alliance in Support of Patriotic Democratic Movements in China , an organisation instrumental in assisting political dissidents leave China after the military crackdown on 4 June. The basic principles of Hong Kong's governance under Chinese sovereignty mirror those in the Sino-British Joint Declaration, and most of them are set out in
4033-686: The BLDC, the BLCC was also dominated by business and professional elites. The first draft was published in April 1988 followed by a five-month public consultation. The second draft was published in February 1989, and the subsequent consultation period ended in October 1989. The Basic Law was promulgated on 4 April 1990 by the National People's Congress, together with the designs for the Regional Flag and Regional Emblem of
4142-407: The BLDC, which consisted of 36 members from China and 23 members from Hong Kong, chaired by Chinese diplomat Ji Pengfei . Twelve of the 23 members from Hong Kong were connected to the city's business and industrial sectors. A Basic Law Consultative Committee (BLCC) consisting of Hong Kong community leaders was also established in 1985 to collect views in Hong Kong on the draft law. Similar to
4251-451: The Basic Law and subject to any amendment by the legislature. Article 12 declares that Hong Kong enjoys a high degree of autonomy and comes directly under the Central People's Government. Private ownership of property is also a right protected in Hong Kong. Although the Basic Law was drafted to give effect to "One Country, Two Systems", on 10 June 2014, Beijing released a policy report asserting its authority over Hong Kong that started
4360-503: The Basic Law and the one country, two systems principle. The widespread suspicion that they were under detention in mainland China was later confirmed with apparently scripted video "confessions" and assurances by the men that they were remaining in China of their own accord. In June 2016, one of the five, Lam Wing-kee , revealed in a dramatic press conference that he and the others had been held without due process and that Lee Po had indeed been illegally abducted from Hong Kong, all by
4469-661: The Basic Law are described in Article 158 and case law. According to Article 158(1), the NPCSC has the power of final interpretation. This is consistent with the NPCSC's general power to interpret Chinese national laws as provided by Article 67(4) of the Constitution of the People's Republic of China . As a national law, the Basic Law was drafted in Chinese, and its Chinese version takes precedence over
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4578-428: The Basic Law is a flexible constitution and as such can be interpreted for the needs of economic integration; the arrangement of having mainland Chinese laws in Hong Kong for the purposes of customs, immigration and quarantine does not contravene the "one country, two systems" principle. Article 23 requires Hong Kong to enact local national security laws that prohibit treason, secession, sedition, subversion against
4687-544: The Basic Law. Provisions of the International Covenant on Civil and Political Rights as applied to Hong Kong when the Basic Law came into effect were allowed to remain in force. Article 45 stipulates that the Chief Executive shall be selected by election or through local consultations and be appointed by the Central People's Government, with the ultimate aim of selection by universal suffrage upon nomination by
4796-556: The Central People's Government replaced in 2000 the Hong Kong branch of Xinhua News Agency , which served as the de facto diplomatic mission of China to Hong Kong since 1947. The Hong Kong Garrison of the People's Liberation Army began operating after the handover. The Office for Safeguarding National Security was established in June 2020 under the Hong Kong National Security Law. Article 22 states that "no department of
4905-614: The Central People's Government and no province, autonomous region, or municipality directly under the Central Government may interfere in the affairs which the Hong Kong Special Administrative Region administers on its own in accordance with this Law". In April 2020, the provision sparked a debate after the Liaison Office and the Hong Kong and Macao Affairs Office criticised pro-democratic legislators for delaying
5014-592: The Central People’s Government". On the website of the State Council of China, a.k.a. the Central People's Government, the Hong Kong and Macao Affairs Office (国务院港澳事务办公室) and Xinhua News Agency (新华通讯社), whose Hong Kong branch was predecessor to the Liaison Office, are listed among institutions separate from the constituent departments of the State Council (国务院组成部门). Zhang Xiaoming has also said
5123-503: The Communist Party , they are the executive leader with their powers deriving from their status of being the party leader , rather than the office of president. Former French president Charles de Gaulle , while developing the current Constitution of France (1958), said that the head of state should embody l'esprit de la nation ("the spirit of the nation"). Some academic writers discuss states and governments in terms of "models". An independent nation state normally has
5232-483: The German president, Paul von Hindenburg , was able to dismiss a chancellor and select his own person for the job, even though the outgoing chancellor possessed the confidence of the Reichstag while the new chancellor did not. Subsequently, President von Hindenburg used his power to appoint Adolf Hitler as Chancellor without consulting the Reichstag. Note: The head of state in a "presidential" system may not actually hold
5341-587: The HKSAR. On 4 June 1989, the BLDC's only two members representing the nascent pro-democracy camp , Martin Lee and Szeto Wah , declared that they would suspend their participation after the military crackdown of the Tiananmen Square protests of 1989 . In September 1989, Lee announced that he would return to the BLDC after being urged to do so by many in Hong Kong. However, in October, Beijing expelled Lee and Szeto from
5450-508: The Hong Kong Special Administrative Region of the People's Republic of China is a national law of China that serves as the organic law for the Hong Kong Special Administrative Region (HKSAR). Comprising nine chapters, 160 articles and three annexes, the Basic Law was composed to implement Annex I of the 1984 Sino-British Joint Declaration . The Basic Law was enacted under the Constitution of China when it
5559-539: The NPCSC on 6 April 2005. The NPCSC ruled on 27 April 2005 that the Annex I of the Basic Law requires that if any Chief Executive should resign on or before 2007, the new Chief Executive should serve out the remainder of his predecessor's term. Hong Kong residents who favour autonomy view the "interpretation" from the Standing Committee as an intrusion into the Hong Kong legal system by the central government in violation of
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#17330934247025668-694: The Office of the National Security Commissioner is not subject to the restrictions in Article 22. Except the Basic Law and the Constitution, national laws are not enforced in Hong Kong unless they are listed in Annex III and applied by local promulgation or legislation. When national laws are enacted locally by the Legislative Council , the local version adapts to the context of Hong Kong for
5777-426: The People's Liberation Army and crimes involving national security. In May 2020, the National People's Congress announced that the NPCSC would enact a national security law tailored for Hong Kong in response to the 2019–20 Hong Kong protests . The law was added to Annex III and promulgated without being passed in the Legislative Council. National laws can be applied if they only affect an area in Hong Kong. In 2018,
5886-509: The Riksdag appoints (following a vote in the Riksdag ) the prime minister and terminates their commission following a vote of no confidence or voluntary resignation. Cabinet members are appointed and dismissed at the sole discretion of the prime minister. Laws and ordinances are promulgated by two Cabinet members in unison signing "On Behalf of the Government" and the government—not the monarch—is
5995-889: The Soviet Union this position carried such titles as Chairman of the Central Executive Committee of the USSR ; Chairman of the Presidium of the Supreme Soviet ; and in the case of the Soviet Russia Chairman of the Central Executive Committee of the All-Russian Congress of Soviets (pre-1922), and Chairman of the Bureau of the Central Committee of the Russian SFSR (1956–1966). This position may or may not have been held by
6104-401: The approval of each of the six independent realms of which he was monarch. In monarchies with a written constitution, the position of monarch is created under the constitution and could be abolished through a democratic procedure of constitutional amendment. In many cases there are significant procedural hurdles imposed on such a procedure (as in the Constitution of Spain ). In republics with
6213-408: The central government, theft of state secrets and foreign organisations from conducting political activities in Hong Kong. In 2003, the Hong Kong government tabled the National Security (Legislative Provisions) Bill 2003 , which triggered widespread protest . The proposed legislation gave more power to the police, such as not requiring a search warrant to search the home of a suspected terrorist. After
6322-510: The constitution (or customary law) assumes all political responsibility by granting the crown inviolability (in fact also imposing political emasculation) as in the Kingdom of Belgium from its very beginning; in a monarchy this may even be extended to some degree to other members of the dynasty, especially the heir to the throne. Below follows a list of examples from different countries of general provisions in law, which either designate an office as head of state or define its general purpose. In
6431-438: The course of adjudication and by the Standing Committee of the National People's Congress (NPCSC). As of 7 November 2016, the NPCSC has interpreted the Basic Law on five occasions: Of the five interpretations to date, only one interpretation was sought by the Hong Kong Court of Final Appeal (CFA). The interpretation was requested in the 2011 case of Democratic Republic of Congo v FG Hemisphere Associates LLC and it concerned
6540-460: The decision by King Leopold III of the Belgians to surrender on behalf of his state to the invading German army in 1940, against the will of his government. Judging that his responsibility to the nation by virtue of his coronation oath required him to act, he believed that his government's decision to fight rather than surrender was mistaken and would damage Belgium. (Leopold's decision proved highly controversial. After World War II , Belgium voted in
6649-446: The demonstrations and the withdrawal by the Liberal Party of their support for the bill, the government shelved the bill indefinitely. The rights of Hong Kong residents are guaranteed by chapter 3 of the Basic Law. Article 39 also applies provisions of the International Covenant on Civil and Political Rights (ICCPR), the International Covenant on Economic, Social and Cultural Rights (ICESCR), and international labour conventions that
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#17330934247026758-485: The election of the chairperson of the Legislative Council House Committee. Pro-democratic legislators said the offices violated Article 22 by commenting on the election of a chairperson in the local legislature. In response, the Liaison Office said both itself and the Hong Kong and Macao Affairs Office are not subject to Article 22 because they were authorised by central authorities to specialize in handling Hong Kong affairs and not what are commonly meant by "departments under
6867-449: The executive: they do not possess even theoretical executive powers or any role, even formal, within the government. Hence their states' governments are not referred to by the traditional parliamentary model head of state styles of His/Her Majesty's Government or His/Her Excellency's Government . Within this general category, variants in terms of powers and functions may exist. The Constitution of Japan ( 日本国憲法 , Nihonkoku-Kenpō )
6976-432: The first chapter of the Basic Law. The NPCSC has identified Articles 1 and 12 as the fundamental provisions of the Basic Law. Article 1 declares Hong Kong as a part of the People's Republic of China, but it maintains legal and political systems distinct from those in mainland China until 2047. Hong Kong has a high degree of autonomy and maintains its own executive, legislative and judicial branches. Judicial power includes
7085-403: The form of official patronage. The Olympic Charter (rule 55.3) of the International Olympic Committee states that the Olympic summer and winter games shall be opened by the head of state of the host nation, by uttering a single formulaic phrase as determined by the charter. As such invitations may be very numerous, such duties are often in part delegated to such persons as a spouse,
7194-432: The government be answerable to both the president and the legislature. The constitution of the Fifth French Republic provides for a prime minister who is chosen by the president, but who nevertheless must be able to gain support in the National Assembly . Should a president be of one side of the political spectrum and the opposition be in control of the legislature, the president is usually obliged to select someone from
7303-640: The head of government's advice. In practice, these decisions are often a formality. The last time the prime minister of the United Kingdom was unilaterally selected by the monarch was in 1963, when Queen Elizabeth II appointed Alec Douglas-Home on the advice of outgoing Prime Minister Harold Macmillan . Hong Kong Basic Law High Court District Court Magistrates' Court Special courts and tribunals: Chief Executive Elections Legislative elections District council elections Consular missions in Hong Kong Hong Kong–China relations Hong Kong–Taiwan relations The Basic Law of
7412-475: The head of state is notional chief executive include Australia , Austria , Canada , Denmark , India , Italy , Norway , Spain and the United Kingdom . The few exceptions where the head of state is not even the nominal chief executive - and where supreme executive authority is according to the constitution explicitly vested in a cabinet - include the Czech Republic , Ireland , Israel , Japan and Sweden . The head of state usually appoints most or all
7521-435: The head of state. In parliamentary constitutional monarchies , the legitimacy of the unelected head of state typically derives from the tacit approval of the people via the elected representatives. Accordingly, at the time of the Glorious Revolution , the English parliament acted of its own authority to name a new king and queen (the joint monarchs Mary II and William III ); likewise, Edward VIII 's abdication required
7630-492: The jurisdiction of Hong Kong courts over acts of state, among other matters. The Government of Hong Kong sought two NPCSC interpretations on Basic Law provisions regarding the right of abode and the term of office of a new Chief Executive after his predecessor has resigned before the end of his term, in 1999 and 2005 respectively. The NPCSC had also interpreted the Basic Law twice on its own initiative, without being requested by any branch of government in Hong Kong. The first of
7739-406: The key officials in the government, including the head of government and other cabinet ministers, key judicial figures; and all major office holders in the civil service , foreign service and commissioned officers in the military . In many parliamentary systems, the head of government is appointed with the consent (in practice often decisive) of the legislature, and other figures are appointed on
7848-605: The king had the power of declaring war without previous consent of the parliament. For example, under the 1848 constitution of the Kingdom of Sardinia , and then the Kingdom of Italy , the Statuto Albertino —the parliamentary approval to the government appointed by the king—was customary, but not required by law. Examples of heads of state in parliamentary systems using greater powers than usual, either because of ambiguous constitutions or unprecedented national emergencies, include
7957-467: The leading symbol of the nation, the president in this system acts mostly as a prime minister since the incumbent must be a member of the legislature at the time of the election, answer question sessions in Parliament, avoid motions of no confidence, etc. Semi-presidential systems combine features of presidential and parliamentary systems, notably (in the president-parliamentary subtype) a requirement that
8066-402: The legislature to remove a president from office (for example, in the United States of America ). In this case the debate centers on confirming them into office, not removing them from office, and does not involve the power to reject or approve proposed cabinet members en bloc , so accountability does not operate in the same sense understood as a parliamentary system. Presidential systems are
8175-500: The life of any resident shall be prohibited. In late 2015, five staff members of a bookshop selling books and magazines banned in mainland China disappeared (see Causeway Bay Books disappearances ). At least two of them disappeared while in mainland China , one while in Thailand . One member was last seen in Hong Kong, eventually reappearing in Shenzhen , across the Chinese border, without
8284-515: The majority of states, whether republics or monarchies, executive authority is vested, at least notionally, in the head of state. In presidential systems the head of state is the actual, de facto chief executive officer. Under parliamentary systems the executive authority is exercised by the head of state, but in practice is done so on the advice of the cabinet of ministers. This produces such terms as "Her Majesty's Government" and "His Excellency's Government." Examples of parliamentary systems in which
8393-414: The more constitutional leeway tends to exist for a head of state to exercise greater powers over government, as many older parliamentary system constitutions in fact give heads of state powers and functions akin to presidential or semi-presidential systems, in some cases without containing reference to modern democratic principles of accountability to parliament or even to modern governmental offices. Usually,
8502-485: The national law to have full effect. The NPCSC has the power to amend legislation included in Annex III after consulting its Basic Law committee and the Hong Kong government. Laws in Annex III must be those related to foreign affairs, national defence or matters not within Hong Kong's autonomy. As of June 2020, Annex III includes laws on the designation of capital , national flag and anthem, territorial claims, nationality, diplomatic privileges and immunity, garrisoning of
8611-512: The necessary travel documents. While reaction to the October disappearances was muted, as unexplained disappearances and lengthy extrajudicial detentions are known to occur in mainland China, the unprecedented disappearance of a person from Hong Kong, and the bizarre events surrounding it, shocked the city and crystallised international concern over the possible abduction of Hong Kong citizens by Chinese public security bureau officials and their likely rendition , in violation of several articles of
8720-409: The nominal chief executive officer , heading the executive branch of the state, and possessing limited executive power. In reality, however, following a process of constitutional evolution, powers are usually only exercised by direction of a cabinet , presided over by a head of government who is answerable to the legislature. This accountability and legitimacy requires that someone be chosen who has
8829-683: The office of President of the Presidium of the Supreme People's Assembly , while the party leader's post as chairman of the National Defense Commission was simultaneously declared "the highest post of the state", not unlike Deng Xiaoping earlier in the People's Republic of China . In China , under the current country's constitution , the Chinese President is a largely ceremonial office with limited power. However, since 1993, as
8938-464: The official English version when discrepancies arise. Before interpreting the Basic Law, the NPCSC must consult its subcommittee, the Committee for the Basic Law of the Hong Kong Special Administrative Region. Hong Kong courts may also interpret the Basic Law when adjudicating cases, when the provisions addressed are within Hong Kong's autonomy. Hong Kong courts can also interpret provisions on matters
9047-453: The opposition to become prime minister, a process known as Cohabitation . President François Mitterrand , a Socialist, for example, was forced to cohabit with the neo-Gaullist (right wing) Jacques Chirac , who became his prime minister from 1986 to 1988. In the French system, in the event of cohabitation, the president is often allowed to set the policy agenda in security and foreign affairs and
9156-623: The power of final adjudication, which replaces the colonial judicial recourse of appealing to the Judicial Committee of the Privy Council in the United Kingdom with appeals to the Court of Final Appeal . The Hong Kong national security law incorporated into Annex III of the Basic Law overrides incompatible local ordinances and allows mainland Chinese courts to preside over cases that involve certain national security crimes. Article 5 requires that
9265-449: The power to review acts of the executive or legislature and declare them invalid if they are inconsistent with the Basic Law. The Chief Executive of Hong Kong can be selected by election or through consultations held locally and be appointed by the Central People's Government. The term of the chief executive after their predecessor resigns was a question that emerged after Tung Chee-hwa resigned on 10 March 2005. The legal community and
9374-704: The presidential model also encompasses people who become head of state by other means, notably through military dictatorship or coup d'état , as often seen in Latin American , Middle Eastern and other presidential regimes. Some of the characteristics of a presidential system, such as a strong dominant political figure with an executive answerable to them, not the legislature can also be found among absolute monarchies , parliamentary monarchies and single party (e.g., Communist ) regimes, but in most cases of dictatorship, their stated constitutional models are applied in name only and not in political theory or practice. In certain states under Marxist–Leninist constitutions of
9483-539: The prime minister on matters of state. In contrast, the only contact the president of Ireland has with the Irish government is through a formal briefing session given by the taoiseach (head of government) to the president. However, the president has no access to documentation and all access to ministers goes through the Department of the Taoiseach . The president does, however, hold limited reserve powers , such as referring
9592-401: The prime minister runs the domestic and economic agenda. Other countries evolve into something akin to a semi-presidential system or indeed a full presidential system. Weimar Germany , for example, in its constitution provided for a popularly elected president with theoretically dominant executive powers that were intended to be exercised only in emergencies, and a cabinet appointed by him from
9701-429: The prime minister, and to pardon criminals or to commute their sentence. Some parliamentary republics (like South Africa , Botswana and Kiribati ) have fused the roles of the head of state with the head of government (like in a presidential system), while having the sole executive officer, often called a president, being dependent on the Parliament's confidence to rule (like in a parliamentary system). While also being
9810-504: The principle of keeping the expenditure within the limits of revenues in drawing up its budget. Whether pay-cuts for civil servants and having a deficit budget are allowed under the Basic Law had been raised. During the economic downturn after 1997, there was a growing fiscal deficit (and, in 2007/08 a record surplus). The government imposed a pay-cut on the Civil Service during the economic downturn, and then sharply increased salaries during
9919-423: The pro-democracy camp said the term of the new chief executive should be five years, according to Article 46 . However, the Hong Kong government, some Beijing figures and the pro-Beijing camp said that it should be the remaining term of the original Chief Executive, by a technicality in the Chinese version of the Basic Law, introducing the remaining term concept. The Hong Kong government sought an interpretation from
10028-464: The public persona of a state or sovereign state . The specific naming of the head of state depends on the country's form of government and separation of powers ; the head of state may be a ceremonial figurehead or concurrently the head of government and more. In a parliamentary system , such as India or the United Kingdom , the head of state usually has mostly ceremonial powers, with
10137-626: The recovery. The Basic Law provides the Hong Kong government limited power to engage in international affairs. Under the name "Hong Kong, China", the Hong Kong government can enter into bilateral agreements with non-Chinese regions and international organisations related to certain fields, including commerce, trade, communications, culture, tourism and sports. As members of a Chinese delegation, government representatives can also engage in diplomatic negotiations and participate in international organisations and conferences that directly affect Hong Kong. The Basic Law can be interpreted by Hong Kong courts in
10246-431: The right and freedom to form and join trade unions, and to strike . The freedom of the person of Hong Kong residents shall be inviolable. No Hong Kong resident can be arbitrarily or unlawfully arrested, detained or imprisoned. Arbitrary or unlawful search of the body of any resident, deprivation or restriction of the freedom of the person are also prohibited. Torture of any resident and arbitrary or unlawful deprivation of
10355-504: The socialist governance and economic system then practised in mainland China would not be extended to Hong Kong. Instead, Hong Kong would continue its capitalist system and way of life until 2047. The Basic Law also sets out the sources of law , the relationship between Hong Kong and the Central Government (State Council), the fundamental rights and duties of Hong Kong residents and the branches of local government. Shortly after
10464-472: The socialist system and policies to not be practised in Hong Kong and the capitalist system and way of life before the handover remain for 50 years after the handover, or 2047. The common law , rules of equity , ordinances, subsidiary legislation and customary law that govern certain land rights in the New Territories that were in force before the handover are maintained, except for any that contravene
10573-513: The spirit of the One Country, Two Systems policy, compromising the rule of law. The Basic Law also guarantees the welfare and benefits of civil servants. According to the Article 100 of the Basic Law, the civil servants may remain in employment with pay, allowances, benefits and conditions of service no less favourable than before the handover. Article 107 stated the SAR Government should follow
10682-564: The strengthening of the Prince's powers, vis-a-vis the Landtag (legislature), has moved Liechtenstein into the semi-presidential category. Similarly the original powers given to the Greek President under the 1974 Hellenic Republic constitution moved Greece closer to the French semi-presidential model. Another complication exists with South Africa , in which the president is in fact elected by
10791-449: The swearing in at the inauguration of a president of a republic, or the coronation of a monarch. One of the most important roles of the modern head of state is being a living national symbol of the state; in hereditary monarchies this extends to the monarch being a symbol of the unbroken continuity of the state. For instance, the Canadian monarch is described by the government as being
10900-498: The symbolic connection to the government, a practice that dates back to medieval times. Sometimes this practice is taken to excess, and the head of state becomes the principal symbol of the nation, resulting in the emergence of a personality cult where the image of the head of state is the only visual representation of the country, surpassing other symbols such as the flag . Other common representations are on coins , postage and other stamps and banknotes , sometimes by no more than
11009-436: The title of " president " - the name of the system refers to any head of state who actually governs and is not directly dependent on the legislature to remain in office. Some constitutions or fundamental laws provide for a head of state who is not only in theory but in practice chief executive, operating separately from, and independent from, the legislature. This system is known as a "presidential system" and sometimes called
11118-494: The trial be held in the mainland. Prominent authorities, such as Albert Chen , a professor, and Gladys Li , chairman of justice of the Hong Kong section of the International Commission of Jurists , feel that this situation has serious ramifications for judicial independence in Hong Kong. Permanent residents of the Hong Kong Special Administrative Region have the right to vote and stand for election in accordance with
11227-544: The two occurred in 2004, and concerned the amendment of the chief executive and the Legislative Council election methods for 2007 and 2008 respectively. The second was issued in November 2016 on the substantive requirements of lawful oaths and affirmations as stipulated in Article 104 of the Basic Law. As interpretations by the NPCSC are not retroactive, an interpretation on the Basic Law does not affect cases that have already been adjudicated. The basic principles for interpreting
11336-589: Was adopted by the National People's Congress on 4 April 1990 and came into effect on 1 July 1997 after the handover of Hong Kong . It replaced Hong Kong's colonial constitution of the Letters Patent and the Royal Instructions . Drafted on the basis of the Joint Declaration, the Basic Law lays out the basic policies of China on Hong Kong, including the " one country, two systems " principle, such that
11445-456: Was determined on 26 April 2004, when the NPCSC ruled out the possibility as it deemed Hong Kong not mature enough for such elections. In 2014, the 31 August Decision by the NPCSC stated that starting from 2017, the selection of the Chief Executive may be implemented by universal suffrage upon nomination of candidates by a broadly representative committee and subject to appointment by the Central People's Government. It went on to state that such
11554-561: Was drawn up under the Allied occupation that followed World War II and was intended to replace the previous militaristic and quasi- absolute monarchy system with a form of liberal democracy parliamentary system . The constitution explicitly vests all executive power in the Cabinet , who is chaired by the prime minister (articles 65 and 66) and responsible to the Diet (articles 67 and 69). The emperor
11663-719: Was in force in Hong Kong before the handover. While the most parts of the ICCPR is ratified as the Hong Kong Bill of Rights Ordinance in largely identical language, no equivalent legislation was made to implement the ICESCR. Hong Kong residents are equal before the law. Hong Kong residents have, among other things, freedom of speech , freedom of the press and of publication; freedom of association , freedom of assembly , freedom of procession, of demonstration, of communication, of movement, of conscience, of religious belief, and of marriage; and
11772-611: Was nominally a presidential republic. However, the elected civilian presidents were effectively figureheads with real political power being exercised by the chief of the Panamanian Defense Forces . Historically, at the time of the League of Nations (1920–1946) and the founding of the United Nations (1945), India's head of state was the monarch of the United Kingdom, ruling directly or indirectly as Emperor of India through
11881-411: Was vacant for years. The late president was granted the posthumous title (akin to some ancient Far Eastern traditions to give posthumous names and titles to royalty) of " Eternal President " . All substantive power, as party leader, itself not formally created for four years, was inherited by his son Kim Jong Il . The post of president was formally replaced on 5 September 1998, for ceremonial purposes, by
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