Principal officials of Hong Kong's Basic Law_ the accountability system for principal officials to explain by fdjerue7eeu


									Principal officials of Hong Kong, Hong Kong "accountability system" in the Basic
Law interpretation

 principal officials of Hong Kong Basic Law,
 [Abstract] In this paper, the Hong Kong Government on July 1, 2002
implementation of the principal officials asked accountability in Hong Kong under the
Basic Law, the vision of the issues examined. The article first describes the contents
of the accountability system and structure, and that the accountability system is in line
with the system of Hong Kong Basic Law, Hong Kong Special Administrative rights
are within the scope of the legal adjustments, the last article points out that the
accountability system is the Hong Kong Government new problems facing Hong
Kong is an important reform is the new development of Hong Kong Basic Law.

 [Key words] the accountability system, the Hong Kong Basic Law,

 2002 年 4 17, the HKSAR Chief Executive Tung Chee-hwa to the Hong Kong
Legislative Council announced the "accountability system" program, the program was
June 19, 2002 will be held by the Hong Kong Legislative Council passed the July 1,
2002 to implement the central government has on June 21, 2002 the appointment of
accountability system and thus principal officials under the approval of this system.
"Accountability systems" implemented in Hong Kong history, particularly since the
July 1, 1997 return to the motherland, the Hong Kong political system, a major
change. How to treat the system and the resulting changes, in particular how the
"Basic Law" look under the framework of this system is related to the legitimacy of
the system and even the constitutional issue. This paper tried to view the Basic Law to
be implemented in the Region "accountability system" to explain.

 1, "Principal Officials Accountability System" the contents and structure of

 "accountability" means the heart: Who's responsible, who went wrong, Who is
responsible for. "Accountability system" is the simple truth in the administrative
system of a practice. The specific contents:

 Firstly, the Hong Kong SAR Government officials, including the Chief Secretary,
Financial Secretary, Justice and the Secretary of all policies, all included in the scope
of the accountability system . These officials will no longer be civil servants, but the
principal officials of contract terms, term of 5 years, but not exceeding their term of
office of the Chief Executive nominated. In term of office, each of these principal
officials responsible for policy areas designated by the Chief Executive to lead the
work of associated departments, formulate policies, explain policy decisions, market
policy, for policy for the Legislative Council, the public support, and to the success or
failure for the policy Chief Executive, led by the Chief Executive to fulfill
responsibilities to the public. The Chief Executive considers necessary, they can
terminate their contracts signed.

 second, Bureau of the SAR Government to merge the existing policy. After the
merger, the original 16 policy will be reduced to 11, plus 3 Division, the
implementation of the accountability system for principal officials a total of 14
positions are: Chief Secretary, Financial Secretary, Secretary for Justice, Secretary for
Home Affairs, Secretary for Constitutional Affairs, Housing, Planning and Lands,
Secretary for Education, Environmental Health and Welfare, Transport and Works,
Secretary for Economic Development, Secretary for Commerce, Industry and Human
Resources Secretary for Financial Services and the Treasury, the Secretary for the
Civil Service Bureau. This change will also bring changes in the Executive Council,
all included in the scope of the accountability system for principal officials of the
Executive Council will be all to strengthen the work of the Executive Council,
participate directly in the Government's overall policy, the priorities for introducing
policies, coordinating inter-departmental matters.

 third, and now by the Secretary for the Civil Service system, as the civil service rank
and salary, benefits remain unchanged, they will be renamed the Permanent Secretary,
accountability and civil servants play between pivotal role in the accountability
system under the command of the Secretary, the Secretary responsible for formulating,
implementing policies, listen to the views of the public and the Legislative Council to
strive for policies to support.

 of "accountability system" can be found in the framework of this system, Hong
Kong's existing civil service system will remain basically unchanged, but the public
policy and political responsibilities clear division. On this basis, formed by the
principal officials of a similar SAR Executive "Cabinet" of the organization 2, the
bureau is mainly responsible for political responsibility.

  implemented the system and the United States would have thousands of officers
every few years a large shift of the system is fundamentally different. "Accountability
system" to bear the political responsibility of the executive officers of 14 limits the
limited positions, other positions remain politically neutral civil service is to fulfill the
responsibility to implement policies. This will not damage has been proved effective
in practice, "civil service system." Moreover, Hong Kong's "accountability system"
also from the British Westminster-style ministerial system. The former is a full-time
politician as principal officials, and the latter by the Legislative Council as the
principal officials. Can be said that "accountability system" is the Hong Kong
Government to draw on the experience of a reality based in Hong Kong to create.
However, their compliance with the Hong Kong Special Administrative Region Basic
Law established the political system?

 2, "Principal Officials Accountability System": compliance with the Basic system
 Special Administrative Region under the framework of the Basic Law of the
accountability system, the first to face The question is whether the system of the
HKSAR Basic Law? Through research, we believe that "accountability system" is the
Chief Executive of the executive power in the context of the legitimate exercise of the
Basic Law does not violate the Basic Law.

  Hong Kong SAR Basic Law, Chapter IV first two sets were the Chief Executive,
Chief Executive, organization and competence. As can be seen from these provisions,
the Hong Kong Basic Law is an executive-led design mode. Features: the status of the
Chief Executive, VIP; the relationship between the executive and the legislature, the
executive is in active status; Executive Council assists the Chief Executive in fact has
created an executive-led mode 3. Executive-led model is the "legislative center, the
Parliament is supreme" in a legislative-led system of relative political organization. In
such a political system, the exercise of executive power in the core of society, the
relationship between government and parliament to some extent has become "a master
(the government) and a servant (Parliament) of relations." 4 in the Hong Kong
executive-led model is based on the history and reality of our choice of conditions,
and this form of organization shortly after the handover of financial security for war
proved to be suitable for our development of a system.

  pattern in the executive-led political arrangements, the Chief Executive in a very
important position. In accordance with the "Basic Law", the officials have the power
from the Chief Executive, the Chief Executive in accordance with the policy within
their competence, the need for deployment of power. Therefore, the Chief Executive
also has the power to need basis under the actual administration, "the Basic Law," the
48th clause (e) the powers conferred by the nomination and report to the Central
Government appointed principal officials of the Hong Kong Government.
"Accountability system" is only to this power in more clearly defined and expressed.
In addition, from the Basic Law provisions on the Executive Council of view, it is
essentially a form similar to the main officials of the SAR Executive "Cabinet" of the
organization. This paper from [worry documentation] to collect and
organize, for the original author! "Principal Officials Accountability System" it is only
to the provisions of this requirement more clearly.

, of course, in an executive-led political model that does not mean there is no definite
set of administrative checks and balances. The checks and balances will be mainly in
the legislative constraints on the exercise of administrative power. "Basic," the 73rd
article of the Legislative Council have listened to the Chief Executive's Policy
Address, on the question of the power of government, in particular, have the
Legislative Council to impeach the Chief Executive the power. All these show that the
executive power is subject to checks and balances, which is able to maintain
democratic stability in Hong Kong an important safeguard.

 "accountability system" is only related to the division within the executive power
issues, and did not adjust as well as the executive and the legislature and the judiciary
relations. Therefore, the implementation of "accountability system" does not change
the integrity of our existing constitutional checks and balances, the system is in line
with the HKSAR Basic Law.

 third, the "accountability system": implementation of the Basic Law, the new

 further study so that we find not only the accountability system for principal officials
did not violate the Basic Law, Hong Kong SAR On the contrary, it is the spirit of
implementing the Basic Law, in-depth implementation of the Basic Law is an
important system.

 Comrade Deng Xiaoping, Hong Kong SAR Basic Law has been called "a historic
and international significance of the law" and "a creative masterpiece" 5. It has
received such a high rating, is that the enactment of the law implementing the "one
country two systems" policy and ideas. "One country two systems" Comrade Deng
Xiaoping to solve the issue concept. Solve the problem, first of all is to the premise of
a country, so "on the sovereignty issue, China on this issue without room to
maneuver," "the question of sovereignty is not an issue for discussion," 6; solve the
problem there It is important is to maintain Hong Kong's continued prosperity and
stability, and in this sense, taking into account the issue of historical reasons, Hong
Kong, the Basic Law in Hong Kong SAR's capitalist system remains the original five
decades, a high degree of autonomy and the introduction of a wide range of
democracy "Hong Kong people ruling Hong Kong" system. In order to protect the
implementation of this system, the Hong Kong SAR Basic Law provides for the
democratic system mainly includes the following: "First, the rights of citizens,
especially the right to vote to confirm; Second, a government responsibility, the
concrete embodiment of the Chief Executive accountability, the Legislative Council
to the voters responsibility ... ... "7.

 from July 1, 1997, the country has been successful on the resumption of sovereignty
to address the "one China" issue and "one country," the fundamental premise of the
Basic Law will be the long-term protection. However, to maintain lasting prosperity
and stability of Hong Kong is a long process, need to Hong Kong full democracy,
"Hong Kong people ruling Hong Kong" the system into.

 reunification, the basic administrative structure of our society still remain under the
old management system that all civil servants to maintain "political neutrality", and
political responsibility to an entirely borne by the Chief Executive. The only
difference is, the Chief Executive that the Chief Executive election. With the
operation of this management model, which not meet the administrative needs of the
shortcomings of our reality being exposed. For example, as Hong Kong's new airport
brought chaos An mismanagement, corruption in housing projects and jerry-built case
Deng have burst, these events have made people realize that, due to their former
administration institutional arrangements, only the Chief Executive of one person to
citizens of Hong Kong politics responsibility, resulting in a number of senior officials
"have the right without responsibility", is very susceptible to administrative laxity or a
moral crisis. In particular, including all civil servants, including the principal officials
to maintain "political neutrality" and or "permanent system" so that a problem can be
mistakes in the name of the collective group exemption. How the system bound
servants, particularly senior officials how to become a constraint to maintain Hong
Kong's continued prosperity and development became a key focus of Hong Kong's
political system.

 "accountability system" is mainly established by the Chief Executive of the
politically appointed principal officials of the system. Hong Kong's political system in
the past, only the Chief Executive who is elected, it was only one person responsible
for public opinion to be clear. However, through the Chief Executive of the political
appointments of principal officials and the Chief Executive, principal officials put
politics on the "homogenization": First, the system sorts out the principal officials and
the Chief Executive, the relationship between the same beliefs to become the leading
team to avoid a lot of internal friction, can increase administrative efficiency; Second,
the system requires the principal officials of Hong Kong voters must be sensitive to
public opinion, in the policy process must pay attention to observe the public, once
the political mistakes must bear the political responsibility of the corresponding by
democratically elected by the removal of the Chief Executive of processing.

  This shows that "accountability system" to break the limitations of permanent
system for principal officials, seemingly is to strengthen the powers of the Chief
Executive, but in fact just completed the Chief Executive should the return of power,
authority and responsibility of the principal officials on bit. And because this system
is based on the Chief Executive under democratic constraints and, therefore, will not
lead to a tyranny or dictatorship, but democracy in Hong Kong to further promote the
process of principal officials to the executive, the new political developing and
improving the environment of democracy in Hong Kong. Only in Hong Kong to
establish a sound democratic system, can we maintain Hong Kong's continued
prosperity and stability for the very important "Hong Kong people ruling Hong Kong"
system into. And to maintain Hong Kong's continued prosperity and stability of the
HKSAR Basic Law is to achieve two major objectives, so in this sense that
"accountability system" is the Hong Kong Government to implement the Basic Law,
in-depth development of the Basic Law to create a great .

 1 "accountability system" also known as "senior officials of the responsibility" of
civil society in Hong Kong, also known as the "accountability system."

 2 main forms of this organization is chaired by the Chief Executive, the Executive

 3 a detailed discussion on this issue, see Xiao Wei Yun, Fu Siming: "Hong Kong and
Macao to establish executive-led political system and practice model", in "Law
Journal" 2001, No. 3.

 4 Lynton Robins: Political Institutions in Britain: Development and Change, 1987,
P.59. Cited in Xiao Wei Yun, Fu Siming: "Hong Kong and Macao to establish
executive-led political system and practice model", in "Law Journal" No. 3 of 2001.

 5 Deng Xiaoping: "Hong Kong Basic Law of historic and international significance"
set "Selected Works of Deng Xiaoping," Volume III of the 352 people out of this
thesis from [worry document] collection and sorting, to thank the
original author! University Press 1993.

 6 Deng Xiaoping: "Selected Works of Deng Xiaoping," Volume III No. 12, People's
Publishing House 1993.

 7-way clean: "one country, two democratic system - established by the Constitution
of the Basic Law and the Comparative Study of the democratic system", in Xiao
Weiyun editor: "The successful practice of Hong Kong Basic Law", Peking
University Press, 2000 first edition.
 thesis from [worry documentation] to collect and organize, for the
original author! / Center>

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