一国两制的正确理解（一国两制漫谈⑦）

作者：萧平

XIAO PING

资深时事评论员

Why is an executive-led system

prescribed for HK?

香港的治理模式与内地不同，但毕竟是国家治理体系的一部分，其政治体制必须与国家政治体制相适应相衔接。为此，基本法规定了具有香港特色的行政主导体制。

The governance model of Hong Kong, though different from that of the Chinese mainland, is part of the national governance system and thus should be compatible with the political structure of the nation. For this reason, an executive-led system is prescribed by the Basic Law for the Hong Kong Special Administrative Region.

政府有效管治是社会稳定与发展的保障，政治体制要能够确保政府实施有效管治。基本法起草过程中，政治体制的设计最费周章，至少有两点要考虑周全。从中央角度考虑，中央对港管治要有可靠的着力点，否则中央权力就会被架空，高度自治就成了变相的完全自治，以行政长官为核心的行政主导是最适合的着力点。从香港角度考虑，要保持回归后的繁荣稳定，就要把以往行之有效的元素保留下来，而回归前香港赖以成功的元素中，行政主导是重要的一条，可以经过改造后继续沿用。

It is imperative for the political structure to be designed in a way that is conducive to good governance, which is essential to maintaining social stability and development. It was the most strenuous work to design a political structure for the HKSAR in the whole process of drafting the Basic Law, which must take two aspects into consideration. From the central government's perspective, the political structure must provide it with a mechanism to maintain its sovereign power over the HKSAR, or the proposed high degree of autonomy would become full autonomy; an executive-led system with the chief executive as the core provides the best of such mechanisms. From Hong Kong's perspective, the political structure must be conducive to retaining what has made Hong Kong successful in the past to maintain the city’s stability and prosperity after the reunification; the executive-led arrangement is no doubt among the significant elements that have contributed to Hong Kong's past success, therefore it can be retained after some modifications.

按照基本法的设计，中央对特区行政、立法、司法三权的管辖方式与尺度是有差异的。司法是独立的，立法会是本地选举产生的，只有行政长官在本地选举或协商产生后还须经中央政府任命，特区政府主要官员由行政长官提名后也须报中央政府任命，行政长官还须执行中央政府发出的指令。行政长官既是特区的首长，代表特区，也是特区政府的首长，负责行政事务；既要对特区负责，也要对中央政府负责，每年都要向中央述职。这个“双首长双负责”的定位，在特区建制内是独一无二的，凸显了行政长官的权威地位和行政权的主导地位，也由此有了“特首”这个简明而贴切的称谓。

According to the Basic Law, the central authorities supervise the executive, legislature and judiciary in the HKSAR in different ways and dimensions. Hong Kong has an independent judiciary, and members of the Legislative Council are elected by local electorates; whereas the locally elected CE must be appointed by the central government. Likewise, the HKSAR's principal officials are appointed by the central government after they are nominated by the chief executive, who must also carry out the directives issued by the central government. The chief executive is the head and representative of the HKSAR, and is also the head of the HKSAR government who is in charge of the executive branch. The chief executive is accountable to both the HKSAR and the central government, and is obligated to pay annual duty visits to Beijing. The design of “dual function” and “dual accountability” for the post of the chief executive is so unique in the SAR's establishment that it highlights the authority of the chief executive and the dominance of the executive authorities in the governance system.

不难看出，香港特区与中央政府最直接的纽带就是行政，行政主导之于香港、之于“一国两制”的重要意义就在于此。将来香港要实行双普选，普选方案在特区内部产生。基本法规定，行政长官普选方案报全国人大常委会批准，立法会普选方案报人大常委会备案。一个批准，一个备案，都很重要，但中央显然更看重行政。

Obviously, it is the executive branch that is the most direct interface between the HKSAR and central government. This explains the significance of the executive-led system to the HKSAR as well as the implementation of “one country, two systems”. According to the Basic Law, any proposal for the election of the chief executive via universal suffrage should be submitted to the Standing Committee of the National People's Congress for approval; any proposal for the election of members of the Legislative Council via universal suffrage should be reported to the NPC Standing Committee for the record. The different requirements for the election of the chief executive and members of LegCo via universal suffrage indicate that the central government attaches more importance to the executive than the legislature.

基本法没写“行政主导”4个字，但第四章“政治体制”部分以行政长官、行政机关、立法机关、司法机关、区域组织、公务人员的顺序排列，突出了行政权。这与许多国家和地区的宪制性法律中立法在前、行政在后的排序不同，明确无误地体现了行政主导的立法原意。

Although the Basic Law does not contain the term “executive-led system”, Chapter 4, “Political Structure”, highlights the dominance of the executive authorities by prescribing the functions of the chief executive, the executive authorities, the legislature, the judiciary, district organizations and public servants in that order. This arrangement is distinct from those of many countries and regions whose constitutional documents put their legislature ahead of the executive branch. This deliberate distinction unmistakeably reflects the legislative intent of prescribing an executive-led system for the HKSAR.

中央管治香港的法律依据是基本法，主要依托是行政长官和其领导的特区政府。所以有一种说法，中央管香港，一靠基本法，二靠行政长官。想想不无道理。

The central government maintains its overall jurisdiction over Hong Kong based on the Basic Law, and mainly relies on the chief executive and the HKSAR government in doing so. The notion that the central government relies on the Basic Law and the chief executive to govern Hong Kong is not without a reason.

基本法实施10周年和20周年的时候，两任全国人大委员长吴邦国和张德江都提及行政主导，称这一特殊的设计，符合特区的法律地位，适应香港作为国际性工商业大都会对于政府效能的实际需要，保留了香港原有政制中行之有效的部分，“是最有利于香港发展的制度安排。”

On the 10th and 20th anniversary of the enactment of the Basic Law, then-NPC Standing Committee chairmen Wu Bangguo and Zhang Dejiang noted that the unique design of the executive-led system is compatible with the SAR's constitutional status. They said that such a design meets the needs of the city as an international commercial and financial center for good governance. The executive-led system, which retains what has worked well in the old system, “is the best system for the sustainable development of Hong Kong”.

原文刊登于4月15日《中国日报香港版》

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