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The author:(作者)qqpublished in(发表于) 2014/6/26 7:59:38 Peking University Professor： Hong Kong Chief Executive’s loyalty to the State is the basic political ethics
Interlocutor
Members of the Hong Kong Basic Law Committee of the NPC, Rao Geping, Professor at Peking University law school legal daily reporter Fan Chuangui
Dialogue motivated
Recently published by the information Office of the State Council of the "one country, two systems" in the Hong Kong S.A.R. specifically stressed in the fifth part of the practice, we should stick to the Patriots as the main body of "Hong Kong people governing Hong Kong", pointed out by the Patriots governing Hong Kong has sufficient legal basis.
In response to this topic, reporter for the legal daily had dialogues with experts.
Loyalty to the State is the basic political ethics
Reporter: on July 1, 1997, the Chinese Government resumed the exercise of sovereignty over Hong Kong, Hong Kong S.A.R. established basic law is implemented. Hong Kong has entered a "one country, two systems", "Hong Kong people ruling Hong Kong" a high degree of autonomy of era. But we also know that, "Hong Kong people ruling Hong Kong" there are boundaries and standards. The boundaries and standards is what Deng Xiaoping stressed must consist of Hong Kong people with Patriots as the main body to govern Hong Kong.
Rao Geping: this white paper which made it very clear. Allegiance to the country is that politicians must follow the basic political ethics. In the "one country, two systems", including the Chief Executive, the principal officials of Hong Kong, who shoulder the burden of correctly understand and implement the Basic Law of Hong Kong, assuming responsibility for safeguarding national sovereignty, security and development interests, maintain its long-term prosperity and stability of Hong Kong duty. Patriotism is a basic political demands on the subject of governing Hong Kong.
Reporter: what will happen if this boundary blur the situation?
Rao Geping: if not treat Hong Kong with Patriots as the main body, or subject cannot be loyal to the State and the ruling Hong Kong Hong Kong S.A.R., the "one country, two systems" in the Hong Kong S.A.R. practice can deviate from the correct direction, national sovereignty, security and development interests not only difficult to effectively maintain and that Hong Kong's stability and prosperity and the general well-being of Hong Kong people will be threatened and damaged.
Reporter: when you talk about universal suffrage of the Chief Executive, the paper stressed, and the Chief Executive by universal suffrage must be patriotic and love Hong Kong people. At this point, there is some noise. This special white paper emphasizes what is consideration?
Rao Geping: Central are patriotic and love Hong Kong political standards, mainly by Hong Kong's position in the constitutional system of China, relations between Central Government and Hong Kong as well as the special status of the Chief Executive may determine, is determined by the inherent requirements of the basic law. Love China and Hong Kong is not only a political demand, also contains the intrinsic requirements of law, political and legal integration.
The leaders of a country, a region first positioned as a political figure, and must have a certain political stand, of course; and the election of leaders could not have included investigation of the political criteria. No country in the world practice, patriotic, loyal to the candidate countries are required to be self-evident the minimum political standards, from the point of view of national sovereignty, which is the minimum amount of political demands.
The basic law clearly stipulates that the Central and the right to appoint and dismiss the Chief Executive and other top officials to supervise, which of course includes the political demands of the Chief Executive. Because the Chief Executive is not only the head of the Hong Kong Special Administrative Region, is head of the SAR Government, or appointed by the Central Government officials, is one of China's senior officials, he has to be accountable to Hong Kong, also responsible for Central, assume the lead responsibility for implementing the basic law in Hong Kong, have the duty to obey central directives. Could be that the Chief Executive of the HKSAR is responsible for Central first, is the political bridges linking the Central and Hong Kong.
If one of the candidates for the Chief Executive and even patriotic and love Hong Kong does not have a single minimum political standards, what vision he was able to gain the trust of the Central Government and the appointment, undertook the leadership of the implementation in Hong Kong of "one country, two systems" role?
"Love the country and love Hong Kong" the legal justification of the standard
Reporter: white paper, Patriots governing Hong Kong has a legal basis, but the "patriotic and love Hong Kong" is just a political, not legal provisions on the ground that it separated with the basic law and with the legal opposition, denying its legitimacy.
Rao Geping: love China and Hong Kong are based on the principle of the Basic Law on the political system of Hong Kong put forward, in line with the legislative intent of the basic law. Its connotations can also use legal language to express, like two sides of a coin.
Indeed, "patriotic and love Hong Kong" standards seem to be based on the values of political sense, is the expression of a political language, but that's not to say the political criteria has no legal basis.
Interviewer: so, if you set it into legal language, "patriotic and love Hong Kong" is how a requirement?
Rao Geping: in the context of the law, love China and Hong Kong standard might as well expressed as a candidate must meet "uphold Hong Kong's reunification with China, uphold and comply with the basic law" required by law. Since Hong Kong's return is determined by the legal fact that constitutional law is recognized in the basic law. As long as the promises and fulfills these two points, means that Opinio juris SIVE necessitatis ways candidates recognize that Hong Kong is part of China, and recognizes the sovereignty of China, admits the Central Government for Hong Kong governance powers; it means dealing with the obligation to love the country, safeguarding national interests, commitment to the implementation of "one country, two systems" and the Basic Law of obligations. A candidate's commitment and practice "uphold Hong Kong's reunification with China, uphold and comply with the basic law" with patriotic and love Hong Kong's position in order to meet the political demands of the Chief Executive election candidate minimum. Here, the connotation inherent in the legal and political criteria are consistent, uniform.
Reporter: a straightforward understanding, in accordance with the Basic Law of Hong Kong, the Chief Executive, principal officials, members of the Executive Council and the Legislative Council, judges of the courts and other judicial officers must, by law, swear to uphold in the inaugural People's Republic of China Hong Kong S.A.R. Basic Law, loyal to the People's Republic of China Hong Kong S.A.R., this regulation has been very clear.
Rao Geping: Yes. I believe most Hong Kong people have seen the Chief Executive and other top officials attended the ceremony before his inauguration. In the oath they contain "uphold reunification, adhere to and comply with the basic law". Swearing-in ceremony is a statutory procedure to have binding force on the Chief Executive and other top officials, indicated that they have had to bear the nation's obligation to safeguard national interests.
"Love the country and love Hong Kong" is not raised only today, but included in the legislative intent of the basic law, is more than 20 years ago, the drafting process of the basic law has emphasized a political principle. Requirements of this principle is reflected in several provisions of the basic law, in twice in the draft comment had been made public in the course of society, is widely recognized by Hong Kong compatriots.
Concluding remarks
From June 18 to date, point of edition of the legal daily launched the "authoritative interpretation of ' one country, two systems ' in Hong Kong practices white paper" series, has published is not "one country" and "two systems"? Constitution and Hong Kong basic common constitute SAR constitutional based Hong Kong basic explained right belongs to national Standing Committee Hong Kong residents basic right was unprecedented of guarantees maintenance Hong Kong basic authority needed continues to perfect related system, reported, in-depth interpretation "one country, two systems" connotation and Central on Hong Kong approach policy, show Hong Kong residents right obtained unprecedented guarantees of facts, refuted some people on Hong Kong basic of misinterpreted. Today the "Patriots governing Hong Kong" have a proper legal basis reported as a series end with this.
(Original title: "Patriots governing Hong Kong" have a proper legal basis)
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