作者：蕭平
XIAO PING
資深時事評論員
Why is an executive-led system
prescribed for HK?
香港的治理模式與內地不同，但畢竟是國家治理體系的一部分，其政治體制必須與國家政治體制相適應相銜接。為此，基本法規定了具有香港特色的行政主導體制。
The governance model of Hong Kong, though different from that of the Chinese mainland, is part of the national governance system and thus should be compatible with the political structure of the nation. For this reason, an executive-led system is prescribed by the Basic Law for the Hong Kong Special Administrative Region.
政府有效管治是社會穩定與發展的保障，政治體制要能夠確保政府實施有效管治。基本法起草過程中，政治體制的設計最費周章，至少有兩點要考慮周全。從中央角度考慮，中央對港管治要有可靠的著力點，否則中央權力就會被架空，高度自治就成了變相的完全自治，以行政長官為核心的行政主導是最適合的著力點。從香港角度考慮，要保持回歸後的繁榮穩定，就要把以往行之有效的元素保留下來，而回歸前香港賴以成功的元素中，行政主導是重要的一條，可以經過改造後繼續沿用。
It is imperative for the political structure to be designed in a way that is conducive to good governance, which is essential to maintaining social stability and development. It was the most strenuous work to design a political structure for the HKSAR in the whole process of drafting the Basic Law, which must take two aspects into consideration. From the central government's perspective, the political structure must provide it with a mechanism to maintain its sovereign power over the HKSAR, or the proposed high degree of autonomy would become full autonomy; an executive-led system with the chief executive as the core provides the best of such mechanisms. From Hong Kong's perspective, the political structure must be conducive to retaining what has made Hong Kong successful in the past to maintain the city’s stability and prosperity after the reunification; the executive-led arrangement is no doubt among the significant elements that have contributed to Hong Kong's past success, therefore it can be retained after some modifications.
按照基本法的設計，中央對特區行政、立法、司法三權的管轄方式與尺度是有差異的。司法是獨立的，立法會是本地選舉產生的，只有行政長官在本地選舉或協商產生後還須經中央政府任命，特區政府主要官員由行政長官提名後也須報中央政府任命，行政長官還須執行中央政府發出的指令。行政長官既是特區的首長，代表特區，也是特區政府的首長，負責行政事務；既要對特區負責，也要對中央政府負責，每年都要向中央述職。這個「雙首長雙負責」的定位，在特區建制內是獨一無二的，凸顯了行政長官的權威地位和行政權的主導地位，也由此有了「特首」這個簡明而貼切的稱謂。
According to the Basic Law, the central authorities supervise the executive, legislature and judiciary in the HKSAR in different ways and dimensions. Hong Kong has an independent judiciary, and members of the Legislative Council are elected by local electorates; whereas the locally elected CE must be appointed by the central government. Likewise, the HKSAR's principal officials are appointed by the central government after they are nominated by the chief executive, who must also carry out the directives issued by the central government. The chief executive is the head and representative of the HKSAR, and is also the head of the HKSAR government who is in charge of the executive branch. The chief executive is accountable to both the HKSAR and the central government, and is obligated to pay annual duty visits to Beijing. The design of 「dual function」 and 「dual accountability」 for the post of the chief executive is so unique in the SAR's establishment that it highlights the authority of the chief executive and the dominance of the executive authorities in the governance system.
不難看出，香港特區與中央政府最直接的紐帶就是行政，行政主導之於香港、之於「一國兩制」的重要意義就在於此。將來香港要實行雙普選，普選方案在特區內部產生。基本法規定，行政長官普選方案報全國人大常委會批准，立法會普選方案報人大常委會備案。一個批准，一個備案，都很重要，但中央顯然更看重行政。
Obviously, it is the executive branch that is the most direct interface between the HKSAR and central government. This explains the significance of the executive-led system to the HKSAR as well as the implementation of 「one country, two systems」. According to the Basic Law, any proposal for the election of the chief executive via universal suffrage should be submitted to the Standing Committee of the National People's Congress for approval; any proposal for the election of members of the Legislative Council via universal suffrage should be reported to the NPC Standing Committee for the record. The different requirements for the election of the chief executive and members of LegCo via universal suffrage indicate that the central government attaches more importance to the executive than the legislature.
基本法沒寫「行政主導」4個字，但第四章「政治體制」部分以行政長官、行政機關、立法機關、司法機關、區域組織、公務人員的順序排列，突出了行政權。這與許多國家和地區的憲制性法律中立法在前、行政在後的排序不同，明確無誤地體現了行政主導的立法原意。
Although the Basic Law does not contain the term 「executive-led system」, Chapter 4, 「Political Structure」, highlights the dominance of the executive authorities by prescribing the functions of the chief executive, the executive authorities, the legislature, the judiciary, district organizations and public servants in that order. This arrangement is distinct from those of many countries and regions whose constitutional documents put their legislature ahead of the executive branch. This deliberate distinction unmistakeably reflects the legislative intent of prescribing an executive-led system for the HKSAR.
中央管治香港的法律依據是基本法，主要依託是行政長官和其領導的特區政府。所以有一種說法，中央管香港，一靠基本法，二靠行政長官。想想不無道理。
The central government maintains its overall jurisdiction over Hong Kong based on the Basic Law, and mainly relies on the chief executive and the HKSAR government in doing so. The notion that the central government relies on the Basic Law and the chief executive to govern Hong Kong is not without a reason.
基本法實施10周年和20周年的時候，兩任全國人大委員長吳邦國和張德江都提及行政主導，稱這一特殊的設計，符合特區的法律地位，適應香港作為國際性工商業大都會對於政府效能的實際需要，保留了香港原有政制中行之有效的部分，「是最有利於香港發展的制度安排。」
On the 10th and 20th anniversary of the enactment of the Basic Law, then-NPC Standing Committee chairmen Wu Bangguo and Zhang Dejiang noted that the unique design of the executive-led system is compatible with the SAR's constitutional status. They said that such a design meets the needs of the city as an international commercial and financial center for good governance. The executive-led system, which retains what has worked well in the old system, 「is the best system for the sustainable development of Hong Kong」.
原文刊登於4月15日《中國日報香港版》