; q7 \: r, J8 q6 u5 a公仔箱論壇「為甚麼說五十年不變？這是有根據的，不只是為了安定香港的人心，而是考慮到香港的繁榮和穩定同中國的發展戰略有密切的關聯。中國的發展 戰略需要時間，除了這個世紀的十二年以外，下個世紀還要五十年，那末 五十年怎麼能變呢？現在有一個香港,我們在內地還要造幾個『香港』，就 是說，為了實現我們的發展戰略目標，要更加開放。」 0 V2 X( j$ S; ]+ }1 YTVBNOW 含有熱門話題，最新最快電視，軟體，遊戲，電影，動漫及日常生活及興趣交流等資訊。tvb now,tvbnow,bttvb( |6 y( d+ c2 k5 u% L7 @
鄧小平先生的言論在演繹基本法過程中沒有必然的地位。不過，在過往的憲制討論中，當權派人士都喜歡搬鄧小平出來作為他們的理據。所以，如果大家引用當權派的「尺」，就可以從以上言論看到其實連鄧小平都希望當時還是英國殖民地的香港能發揮推動在中國創造多幾個「香港」的角色、推動中國更加開放。換句話說，從鄧小平的思想來看，香港實施一國兩制就是要發揮其的戰略角色，而這角色就正是在某程度上為國家推動「去中國化」。 3 j$ V& l' m5 a1 gtvb now,tvbnow,bttvb 6 n% g5 o9 o8 R$ F與其在香港說三道四，陳佐洱應該埋頭苦幹，熟讀基本法，甚至熟讀鄧小平先生的思想。如果陳佐洱的一知半解在香港被廣泛接受及實施，香港就真的可能會車毀人亡。 , }( s( H2 X5 B T6 T( k公仔箱論壇4 {4 P! u0 k: x4 F; J+ W; u
法政匯思tvb now,tvbnow,bttvb: F1 m. Q/ e# c
2015年9月21日 ( D8 \' a) ?- D% T1 z6 u# ] , I) c+ `) @* mChen Zuoer, Chairman of the Chinese Association of Hong Kong and Macau Studies, remarked yesterday that Hong Kong had since the handover failed to implement de-colonisation "in accordance with the law" and also allowed de-sinicisation, which caused damage to the "One Country, Two Systems" status quo. 2 k+ t8 {% C ?3 s" g# o; STVBNOW 含有熱門話題，最新最快電視，軟體，遊戲，電影，動漫及日常生活及興趣交流等資訊。tvb now,tvbnow,bttvb" I K" c( F" z7 o% B
While we leave debates open on the political definition of "de-colonisation" as quoted by Mr Chen, whether "de-colonisation" actually took place in Hong Kong and whether it is a positive development, we note that the Basic Law has not sought to eliminate the pre-existing colonial system in Hong Kong prior to the handover. On the contrary, the whole "One Country, Two Systems" framework under the Basic Law was designed to preserve the system in place during colonial rule. The relevant provisions include: & g$ e7 t4 C) \6 r$ Y7 ?公仔箱論壇9 r5 y x5 |" g
- Article 8: "The laws previously in force in Hong Kong, that is, the common law, rules of equity, ordinances, subordinate legislation and customary law shall be maintained, except for any that contravene this Law, and subject to any amendment by the legislature of the Hong Kong Special Administrative Region." 9 b1 A, j1 G' a: [" k0 b, M公仔箱論壇- Article 9: "In addition to the Chinese language, English may also be used as an official language by the executive authorities, legislature and judiciary of the Hong Kong Special Administrative Region." / R, `/ N$ |+ z( C% Q8 Y) f: Y
- Article 100: "Public servants serving in all Hong Kong government departments, including the police department, before the establishment of the Hong Kong Special Administrative Region, may all remain in employment and retain their seniority with pay, allowances, benefits and conditions of service no less favourable than before."TVBNOW 含有熱門話題，最新最快電視，軟體，遊戲，電影，動漫及日常生活及興趣交流等資訊。 i+ v5 ~% e4 c
- Article 106: "The Hong Kong Special Administrative Region shall have independent finances."tvb now,tvbnow,bttvb. I" I5 P9 m2 k$ y% E; x! |/ ~9 Q
- Article 110: "The Government of the Hong Kong Special Administrative Region shall, on its own, formulate monetary and financial policies, safeguard the free operation of financial business and financial markets, and regulate and supervise them in accordance with law."公仔箱論壇; |. L4 L: v: h3 ^2 z. j9 i
- Article 136: "On the basis of the previous educational system, the Government of the Hong Kong Special Administrative Region shall, on its own, formulate policies on the development and improvement of education, including policies regarding the educational system and its administration, the language of instruction, the allocation of funds, the examination system, the system of academic awards and the recognition of educational qualifications." 6 R7 F% q0 B: Y. v5 p- Article 137: "Educational institutions of all kinds may retain their autonomy and enjoy academic freedom."2 M! u) A- j/ S* X, C* ^
- Article 142: "The Government of the Hong Kong Special Administrative Region shall, on the basis of maintaining the previous systems concerning the professions, formulate provisions on its own for assessing the qualifications for practice in the various professions. Persons with professional qualifications or qualifications for professional practice obtained prior to the establishment of the Hong Kong Special Administrative Region may retain their previous qualifications in accordance with the relevant regulations and codes of practice."5 L+ f: d4 d1 Z. A
- Article 144: "The Government of the Hong Kong Special Administrative Region shall maintain the policy previously practised in Hong Kong in respect of subventions for non-governmental organisations in fields such as education, medicine and health, culture, art, recreation, sports, social welfare and social work. Staff members previously serving in subvented organisations in Hong Kong may remain in their employment in accordance with the previous system."公仔箱論壇9 [% u+ T$ Y/ T7 j9 u, i
- Article 145: "On the basis of the previous social welfare system, the Government of the Hong Kong Special Administrative Region shall, on its own, formulate policies on the development and improvement of this system in the light of the economic conditions and social needs." ( }2 B. {- B6 l+ `8 G 6 w, h5 x) g- Q& r5.39.217.76In addition, the Basic Law does not stipulate the need to change the names of places currently named after figures from the colonial period. 0 e. r S: |: S/ N! ytvb now,tvbnow,bttvbIn fact Basic Law does not actually mention “de-colonisation” at all. , h* @1 o3 g0 u) ]$ o6 } ; G ?6 X; a7 lAs to whether there have been any so-called “de-sinicisation” in Hong Kong, we leave this political topics to others. However, we note that during his meeting with the participants at an international conference on “China and the World in the 90s” on 3 June 1988, Mr Deng Xiaoping expounded, in relation to the pledge that even after the reunification under the Basic Law, Hong Kong would remain unchanged for 50 years, that: * k$ D) P* u, b5.39.217.765.39.217.76. J7 j' _( {. m4 P% q9 s( a1 J6 |
“Why is it said that Hong Kong is to remain unchanged for 50 years? This is a basis for this, not just to calm public sentiments in Hong Kong, but also to take into account the close connection between the prosperity and stability of Hong Kong and the development strategy of China. It takes time for China to develop according to its strategy. Apart from the 12 years in this century, it may also need 50 more years in the next century. How can any changes be allowed in the next 50 years? There is one Hong Kong at this moment and we still need to create a few more “Hong Kong” in the Mainland. In other words, to realise the strategic development goals, China has to become even more open.” (Our translation)tvb now,tvbnow,bttvb3 o: u) G+ }9 r$ n: m# w
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Mr Deng Xiaoping’s remarks are not inevitably relevant to interpreting the Basic Law. However, in past discussions over constitutional issues, those in power liked to quote Deng’s remarks to justify their positions. If we use this as a metric, we can see from the above remarks that in fact even Mr Deng hoped that Hong Kong, which was still a British colony at that time, could assist in pushing for the creation a few more “Hong Kong” in order to promote a more open China. In other words, from the Mr Deng’s point of view, the implementation of “One Country, Two Systems” in Hong Kong is for Hong Kong to play a strategic role, in, to a certain extent, promoting “de-sinicisation” in China. + W z/ f# s2 v) W. n% q7 p& ^公仔箱論壇 + j5 K7 ~5 z7 M8 G0 B# Y$ vThus, instead of making irresponsible remarks in Hong Kong, Chen Zuoer should work hard to familiarise himself with the Basic Law or even with the thoughts of Mr Deng Xiaoping. If Mr Chen’s half-ignorance is widely accepted and implemented in Hong Kong, this city may well suffer like a car that has been wrecked in a crash, with fatal consequences. 4 P' ` R2 ?( D* ?5 d5.39.217.76 # S4 s# L* X8 `9 [% M( {& RProgressive Lawyers Group0 \7 F) T6 c- Y5 p
21 September 2015作者: mcr125 時間: 2015-9-22 08:55 PM
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