“一国两制”漫谈⑨ | 香港回归后什么都没变吗？

　　作者：萧平

　　XIAO PING

　　资深时事评论员

　　
Hasn't Hong Kong changed at all since reunification?

　　“马照跑、舞照跳、股照炒”，这是当年对回归后的香港通俗而生动的描述。的确，许多人对“一国两制”的理解就是“什么都不变”。不过这个理解太表像化了，自回归那天起，香港就在演奏着变与不变的交响曲。

"Horse racing, discotheque hopping and stock trading all remain open and robust." That is a popular and vivid depiction of Hong Kong after China resumed the exercise of sovereignty over the city. Indeed, many people interpret "one country, two systems" as "nothing changes". However, this understanding is far too superficial than what the reality is. For nearly 23 years, Hong Kong, as a special administrative region of China, has been changing in many ways even though most of its fundamental "original traits" have not.

　　不错，基本法写的是50年不变，回归后中央没有向特区政府派一官半职，香港还是自由港和独立关税区，使用的还是港币，英语还是官方语言，这些具有香港特色的林林总总，都保留下来了。

Make no mistake, the Basic Law stipulates, "The capitalist system and way of life shall remain unchanged for 50 years." The central government has never sent any mainland official to Hong Kong to lead the SAR government. Hong Kong is still a free port and a separate customs zone. The city's own currency remains in circulation and English is still one of its official languages. These unique characteristics that define Hong Kong have all been preserved.

　　
但是，换个角度就会发现，香港有了根本性的改变，那就是宪制基础变了。港英统治下的香港，宪制性法律是《英皇制诰》，依此确立殖民统治，所以又称“第一宪章”。香港是英国的“海外属土”，公职人员效忠的是英王。

However, from a different perspective, we can see for sure Hong Kong's constitutional basis has completely changed. Under British rule, Hong Kong's constitutional document was Hong Kong Letters Patent, also referred to as "First Charter". Hong Kong was an "overseas territory" of Britain and public officers had to pledge allegiance to the British Crown.

　　回归后，宪法和基本法共同构成香港特区的宪制基础。有了这个宪制基础，就构建起一套与之相适应的制度和体制，香港原有的特色和优势得以保存下来。换句话说，有了宪制基础这个最大的变，就有了香港其他方面的稳定和不变。法治是社会的立身之本。香港回归后原有的资本主义制度和生活方式不变，法律基本不变。为什么法律不是“不变”而是“基本不变”？不仅因为有了基本法，还因为原有法律都需要依基本法来重新检视。

Since its return to the motherland, Hong Kong has become a special administrative region of the People's Republic of China, whose Constitution and the Basic Law of the Hong Kong Special Administrative Region together form the constitutional basis of the city. On this constitutional basis, a custom-made set of governance system and related institutions have been adopted, which help keep the city's characteristics and advantages. In other words, the biggest change is its constitutional basis, which allows other "original traits" to remain unchanged and stable. The rule of law is the foundation of a functioning society. Hong Kong has maintained its capitalist system and way of life since July 1, 1997, with its existing laws and bylaws largely unchanged. The reason why they are "largely unchanged" instead of "entirely unchanged" is not only because of the introduction of the Basic Law, but also because all existing laws and bylaws must shed everything that was in conflict with the Basic Law for the sake of their constitutional integrity.

　　回归前，根据基本法第160条，全国人大常委会历时5年对香港原有法律进行了审查，把那些与基本法抵触的甄别出来，确认大部分原有法律不抵触基本法，可以采用为特别行政区的法律。当然，这些法律中诸如“女王陛下”“王室”之类的表述，也要根据回归后的中央与特区关系，加以“适应化”的替换。

Before Hong Kong's reunification with the motherland, in accordance with Article 160 of the Basic Law, the Standing Committee of the National People's Congress spent five years reviewing all the existing laws and bylaws of Hong Kong and took out every bit that was in conflict with the Basic Law. As it turned out, the national legislature decided that Hong Kong's existing statutory infrastructure did not require a major overhaul, and the majority of the legislation should remain effective after all references to "Her Majesty the Queen" and other royal trimmings were replaced with adaptations to reflect the constitutional relationship between the HKSAR and the Central People's Government.

　　宪法是特别行政区制度的法律渊源，基本法根据宪法第31条制定将“一国两制”方针法律化、制度化。在香港所有法律中，基本法具有凌驾地位由基本法规定的特区政权组成和功能，特区居民的权利和义务，与《英皇制诰》已是天壤之别。

The National Constitution is the constitutional basis for the establishment of special administrative regions, which is unique to China. The Basic Law of the HKSAR was enacted in accordance with Art 31 of the Constitution. The Basic Law establishes the "one country, two systems" principle as the framework of the statutory and institutional system of the SAR; it therefore enjoys supremacy over all existing laws in Hong Kong. It sets in stone, so to speak, the composition and functions of the HKSAR government as well as the rights and obligations of Hong Kong citizens. It is safe to say the difference between the Basic Law and Hong Kong Letters Patent is heaven and earth.

　　回归后的香港，在不变中感受着变。以前港英高官看着伦敦来的电报办事，而今特区政府自己决策，“港人治港”。以前的港督是英王派来的，而今的行政长官是港人组成的选举委员会选出来，再由中央政府任命的。以前的立法局议员大都由港督委任，港督自己兼任立法局主席，而今的立法会议员是选举出来的，主席由议员互选产生。以前的终审权在伦敦的枢密院，而今特区设立了终审法院，有了独立的司法权和终审权。香港各项选举的民主成分不断扩大，港人与内地人民共同享有参与管理国家事务的权力。

Hong Kong has been experiencing changes in the past 23 years, although its capitalist system and way of life have not. Whereas Hong Kong government officials followed orders from London in the past, the SAR government today makes its own decisions, which is what "Hong Kong people governing Hong Kong" means. All the governors of yesteryear were appointed by the British monarch; whereas today the chief executive of the HKSAR is elected by an election committee comprising Hong Kong residents and then appointed by the central government. Under British rule, members of the Legislative Council were mostly handpicked by the governor, who also chaired LegCo. Today, lawmakers are elected, who in turn elect the president of LegCo among themselves. The right of final adjudication used to rest with the Privy Council in London; but now it is in the hands of the Court of Final Appeal of the HKSAR and signifies an unprecedented level of independent judicial power and final adjudication. Elections in Hong Kong are becoming more and more democratic; Hong Kong citizens enjoy the same right to participate in State affairs as their mainland compatriots do.

　　宪制基础的根本改变，意味着港人需要适应新的宪制秩序，完善特区同宪法和基本法实施相关的制度和机制。加强香港社会特别是公职人员和青少年的宪法和基本法宣传教育，殊为重要。

The brand-new constitutional basis requires Hong Kong citizens to adapt to the new constitutional order, as well as to keep perfecting the systems and mechanisms for the implementation of the Constitution and the Basic Law in the HKSAR. It is crucial to enhance the knowledge of the nation's Constitution and the Basic Law in Hong Kong society, especially among public officials, civil servants and younger generations.

　　原文刊登于4月17日《中国日报香港版》