《宪法》与《基本法》共同构成香港特别行政区的宪制基础

The issue concerning the relationship between the Constitution and the Basic Law is not a new one. On this issue many articles were published and convincing conclusions were made between late 1980s and early 1990s. However, whether the Constitution and the Basic Law jointly form the constitutional basis for Hong Kong is still under hot debate in Hong Kong for two possible reasons. First, there was lacking in enough discussion in the past and more clear views have only been formed recently. Second, the prevailing views have not be widely promoted and circulated. Therefore, it is not surprising to see that some people in Hong Kong pay attention only to the Basic Law or regard the Basic Law as the “Constitutional Law” in Hong Kong. Against this background, this paper intends to discuss three main questions. (1) Why the Constitution has been ignored in Hong Kong? (2) What is the theoretical basis for the conclusion that both the Constitution Law and the Basic Law jointly form the constitutional basis for Hong Kong? (3) How to implement the Constitution in Hong Kong? In conclusion, this paper suggests adding contents of the Constitution in the education about the Basic Law so that the concept about the nation shall be strengthened about Hong Kong people.