完善特区选举制度的依据和目的是什么？
The following article is from 一点时间 Author 萧平
作者：萧平
XIAO PING
资深时事评论员
编者按：本报去年4月连载了资深评论员萧平“一国两制”系列漫谈，计16篇，获良好社会反响。中华书局遂于去年5月将该系列文章结集出版，书名《回归“一国两制”的初心》，再获好评，迄今已连印6次。今该书即将再版，作者就制定香港国安法和完善特区选举制度补充了4篇文章。本报先行刊出，以飨读者，此为第三篇。
完善特区选举制度的依据和目的是什么？
Improving electoral system serves vital legal purpose“港人治港”是“一国两制”的重要特征，回归后中央政府没有向特区政府派一官一吏。但“港人治港”与高度自治一样，都有特定的内涵和边界。高度自治不是完全自治，“港人治港”必须是爱国者治港。
“The people of Hong Kong administer Hong Kong” is a major characteristic of “one country, two systems”, which is why the central government has not sent an official to Hong Kong as the head of the Hong Kong Special Administrative Region government or a policy bureau since its return to the motherland. However, “the people of Hong Kong administer Hong Kong” has its own gist and limits, as does the high degree of autonomy of Hong Kong. High degree of autonomy, by definition is not full autonomy. For the same reason “the people of Hong Kong administer Hong Kong” means Hong Kong must be administered by true patriots.
邓小平讲，“港人治港有个界线和标准，就是必须由爱国者为主体的港人来治理香港。”什么人是“爱国者”？邓小平给出的标准是，“尊重自己民族，诚心诚意拥护祖国恢复行使对香港的主权，不损害香港的繁荣和稳定。”讲这段话的时间是1984年，也就是说，在“一国两制”最初的设计中，爱国者治港就是硬要求。基本法第104条规定，行政长官、立法会议员等公务人员，必须依法宣誓拥护基本法，效忠特区，这是爱国者治港的一个具体体现。
Deng Xiaoping made it clear back in the day that “the people of Hong Kong administer Hong Kong” comes with a precondition, which is that Hong Kong must be administered by predominantly patriotic people. What is the criterion of a patriot? According to Deng, “patriots must respect their own nation, sincerely uphold the motherland’s resumption of the exercise of sovereign rule over Hong Kong, and do not cause harm to Hong Kong’s prosperity and stability.” He gave that answer back in 1984, meaning “one country, two systems” was given the precondition of “patriots administering Hong Kong” from the very start of this framework’s design process. Article 104 of the Basic Law of the HKSAR stipulates that the chief executive, members of the Legislative Council and other civil servants must swear allegiance to the HKSAR as well as pledge to uphold the Basic Law of the HKSAR and swear allegiance to the HKSAR upon taking office. That also embodies the principle of “patriots administering Hong Kong.”
“爱国者管治”是国际通则，没有哪个国家会把国家或地方的管治权交给不忠于自己国家的人。各国对公职人员均有政治效忠的要求，英国法律规定“卖国者”不得参加议会选举。同理，中央绝对不会允许不爱国乃至与中央对抗的人掌握特区管治权，掌握重要权力、肩负重要管治责任的人，必须是坚定的爱国者。
“Governance by patriots” is a common principle observed around the world, because no country would knowingly let unpatriotic people hold the governing power of the country or a region for that matter. As a matter of fact, all countries require civil servants to swear allegiance to the state and/or constitution; and the United Kingdom has a law forbidding “traitors” from standing in parliamentary elections. For the same reason, our central government would never let unpatriotic people, much less sworn enemies of the state, seize the governing power of the HKSAR. It goes without saying that those who hold important powers and assume major responsibilities of governance must be staunch patriots.
这些年，一些反中乱港包括“港独”激进分子通过选举进入立法会、区议会、行政长官选举委员会等特区管治架构，阻挠政府施政，抗拒中央管治，损害市民福祉。他们公然提出“揽炒”策略和步骤，企图夺取立法会和选委会过半议席，最终夺取特区最高权力。这种状况暴露出特区选举制度的漏洞。完善特区选举制度的核心要义，就是用法律制度确保爱国者治港落到实处，并最终形成符合香港实际、具有香港特色的民主选举制度。
An alarming number of anti-China subversives, including known advocates of separatism and radicalism, became lawmakers, district councilors or members of the Election Committee in the past 20 years or so. They even did not bother to hide their despicable intention to completely destroy Hong Kong by launching a set of detailed strategies to start with. They flagrantly undermined and obstructed the administration of the HKSAR, opposed the central government’s overall jurisdiction over Hong Kong and wantonly harmed the interests of Hong Kong society in their relentless attempt to seize the governing power of the SAR by grabbing the majority of seats in LegCo and the Election Committee. They took advantage of the loopholes in the old electoral system, which explains why the central authorities had to plug those loopholes by revamping the electoral system to ensure the “patriots administering Hong Kong” principle is strictly observed. Ensuring “patriots administering Hong Kong” by means of law, the core objective of the electoral system revamp, will eventually achieve the ultimate goal of perfecting a democratic electoral system best suited to Hong Kong’s intrinsic sociopolitical condition.
根据宪法，决定特别行政区制度的权力属于全国人大。选举制度是特区政治制度和政治体制的重要组成部分，事关特区管治权，必须在中央主导下制定和完善。中央出手是慎重的，以多种形式充分听取特区政府和社会各界的意见，最大限度凝聚共识，避免出现以往政改讨论陷入无休止争拗的现象。
The Constitution of the People’s Republic of China stipulates that the National People’s Congress holds the power and authority to make decisions regarding the special administrative region systems, such as the all-important electoral system, which is an integral part of the political system and related governance mechanisms of the SARs. The decision to improve the electoral system of the HKSAR is of course the NPC’s to make, which is exactly what happened, with great care and caution no less. In fact, the central authorities consulted representatives of Hong Kong society from all walks of life as well as the HKSAR government over this crucial legislation in order to build maximum consensus and prevent the reoccurrence of ill-advised, endless haggling that victimized Hong Kong society in the past.
除了确保爱国者上位，并通过健全资格审查，防止不符合爱国者标准的人进入管治架构外，完善后的选举制度还有更多的改进。比如，适应香港多元化特征，调整功能界别组成，更好地体现均衡参与，兼顾社会整体利益。又如，由同一个选委会产生行政长官候选人和部分立法会议员，选民基础有共同点，有利于行政与立法的沟通，实现行政主导，提高施政效能。
The revamped electoral system of the HKSAR, with an optimized eligibility review mechanism to prevent unpatriotic individuals from entering the governance structure, not only ensures staunch patriots are elected to hold important public offices but also broadens the representativeness of the Election Committee and improves the composition of functional constituencies to better enable public participation in the best interest of society as a whole. By authorizing the Election Committee to elect the chief executive and 40 of the 90 Legislative Council members, the improved electoral system will facilitate a healthy relationship between the executive and legislative branches of the HKSAR government and ensure executive-led administration of the HKSAR for more efficient governance.
完善选举制度并不排斥持反政府意见的人，只要符合爱国者标准，都有机会参选。完善选举制度也没有改变基本法确定的双普选目标，未来仍会根据基本法和全国人大常委会有关决定的原则和路径，循序渐进走向普选。
The improved electoral system does not exclude those who disagree with the HKSAR government as long as they qualify as patriots. Neither does it forfeit the ultimate goal of achieving universal suffrage in both the chief executive and LegCo elections in a gradual and orderly fashion as stipulated in the Basic Law and the NPC Standing Committee’s decisions.
来源：中国日报网
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