Politics
Written by: Peng Yiwei
2020-03-29 22:01
Last updated: 2020-03-29 22:01Next month is the 30th anniversary of the promulgation of the Basic Law of Hong Kong. Rao Geping, a former member of the Basic Law Committee and a professor at the Law School of Peking University, wrote in the April issue of Bauhinia Magazine, stating that the early completion of Hong Kong's national security legislation is imminent, and it is also necessary to establish with the central government. Improve the coordination mechanism of anti-external intervention.
According to Rao Geping, "If the legal system for safeguarding national security is not established, Hong Kong will have a rare day of peace. The longer it is delayed, the greater the cost will be, and the more likely it will be for the state to intervene directly."
Rao Geping, a former member of the Basic Law Committee and a professor at the Peking University School of Law, said, "If the legal system for the maintenance of national security is not established, Hong Kong will have a rare day of peace. The longer the delay, the greater the cost. The possibilities become more and more necessary. "(Profile picture / Photo by Lin Ruoqin)
Various mechanisms of central governance power should be perfected, including the right to record and review the Legislative Council
In the text, Rao Geping pointed out that the central and special zones should improve the implementation of various supporting systems and mechanisms of the central government, including: the central government's relevant systems and procedures for the selection, appointment, supervision, and removal of the chief executive and principal officials; the central government explains the implementation rules of the Basic Law ; The central government revises the procedural rules of the Basic Law; the procedural rules on the central government's supervision of the SAR ’s high degree of autonomy, to monitor whether the SAR ’s legislation and administrative activities are in violation of the Constitution, the Basic Law, and one country, two systems; The right to record and review, the right to approve or record amendments to the Chief Executive and the Legislative Council, the right to record appointments and removals of judges of the Court of Final Appeal and the High Court, and the rules of procedure for additional authorization of the Central Government to the SAR.
Rao Geping pointed out that the Chief Executive established by the Basic Law must be responsible for both the SAR and the central government for the "double heads" and "double responsible" positioning, which determines that the Chief Executive has the leading role in leading Hong Kong's implementation of the Basic Law and assumes commanding responsibilities. Therefore, on the one hand, it is necessary to improve the institutional arrangements for the Chief Executive to be responsible to the Central Government, including the system for the Central Government to issue instructions to the Chief Executive on related matters, the system for the Chief Executive to report work to the Central Government, and the system for reporting specific special events to the Central Government; On the other hand, it is necessary to further implement the executive-led system with the Chief Executive as the core in Hong Kong, improve the civil service management system, support the Chief Executive and the SAR government in accordance with the law, and ensure that the Chief Executive's responsibility to the Central Government on behalf of the SAR can be implemented.
Rao Geping believes that the SAR government and all sectors of society must focus on strengthening education on the Constitution and Basic Law, education on national conditions, education on Chinese history and Chinese culture, and improve the relevant education system and institutional mechanisms to enhance the national awareness and nationality of the entire society, especially public officials and young people. Agree. In this regard, we must face up to the long-standing deficiencies in national education in Hong Kong and strengthen patriotic education for young people.
Regarding some people's request to amend the Basic Law, Rao Geping believes that this kind of appeal regards amending the Basic Law as a common thing and also treats it as a panacea for all problems. It seems too rash and impractical.
Refers to the revision of the storm affecting the process of one country, two systems.
Talking about the storm of revisions in the middle of last year, Rao Geping pointed out that the storm has continued to this day and has deeply affected the process of one country, two systems. It describes the chaotic and turbulent trend of society in Hong Kong, and the political landscape is undergoing profound changes. It is necessary for people from all walks of life in Hong Kong, as well as the mainland, to conscientiously sum up the experience and lessons of the implementation of one country, two systems over the past 22 years, reflect on previous knowledge and work, and seek solutions to break the deadlock and form a consensus.
Rao Geping believes that governing Hong Kong must not be simply understood as simply "Hong Kong people ruling Hong Kong" and "a high degree of autonomy", not the original intention of the Basic Law. He pointed out that in a country with a unitary structure, the central government enjoys the right to govern all regions in the country. There is no inherent power at the local level, and the right to local governance is granted by the central government. "Only in light of the Constitution's establishment of the principle of one country, two systems, and the special history and reality of Hong Kong, the Basic Law explicitly grants the Hong Kong SAR the highest degree of local autonomy in a unitary country, making one country, two systems, Hong Kong people ruling Hong Kong, and a high degree of autonomy the biggest highlights of the Basic Law. Hong Kong has become even more famous. "
Rao Geping emphasized that the unprecedented high degree of autonomy in Hong Kong was confirmed after the reunification. It was obtained on the premise of obeying a country and the constitutional order of China. Basically, Hong Kong's high degree of autonomy can only be a land of nowhere, an air tower. "
Basic law is approaching its mid-term validity period
Regarding some people's request to amend the Basic Law, Rao Geping believes that this kind of appeal regards amending the Basic Law as a common thing and also treats it as a panacea for all problems. It seems too rash and impractical. He believes that the crux of the current problem is not the amendment of the Basic Law, but how to adhere to the Basic Law and ensure its full and accurate implementation. However, he added that the Basic Law is getting closer to the mid-line of its validity period. "It is also a reasonable requirement to look forward to a mid-term assessment of its implementation and to explore the amendments to the Basic Law. It may be useful to study it first."
[30 years of the Basic Law] Zeng Yucheng: Law revision cannot avoid advocating the 7th drafting committee to lead the consultation
[30 years of the Basic Law] Zheng Ruozheng: The establishment of the "One Country" by the Basic Law is the foundation of the "two systems"
[30 years of the Basic Law] Lin Zheng claims that the Constitution is the root of this law and emphasizes that Hong Kong's judicial independence is among the best
[30 years of the Basic Law] An overview of the history of the Basic Law. When did the word "general election" appear?
[30 years of the Basic Law] Tan Yaozong: If more than half of the Pan-Presidential Assembly triggers a constitutional crisis
