完善与香港基本法实施相关的制度和机制,有利于更好地维护香港基本法的权威。香港基本法实施以来,已经建立完善了一系列与之相关的制度和机制,包括在行政长官产生办法和立法会产生办法的修改方面,确立了行政长官向全国人大常委会提出报告、全国人大常委会作出决定、立法会通过、行政长官同意及全国人大常委会批准或备案的“五步曲”法律程序;在基本法解释方面,建立了全国人大常委会主动释法、行政长官向国务院作出报告并由国务院提请全国人大常委会释法以及特别行政区终审法院提请全国人大常委会释法等有关程序和工作机制;在特别行政区立法方面,明确了全国人大常委会处理特别行政区法律备案的工作程序;在特别行政区与内地司法协助方面,达成了相互送达民商事司法文书、相互认可和执行仲裁裁决和部分民商事判决等一系列安排;在行政长官向中央政府负责方面,形成了行政长官向中央述职的制度安排。随着“一国两制”实践不断发展,香港基本法实施不断深入,必然要求继续完善与香港基本法实施相关的制度和机制,特别是要着眼香港的长治久安,把香港基本法规定的属于中央的权力行使好,使中央与香港特别行政区的关系切实纳入法制化、规范化轨道运行。
(三)坚持以爱国者为主体的“港人治港”
We should improve the systems and mechanisms related to implementing the Basic Law, which will help enhance its authority. Since the Basic Law came into force, a series of systems and mechanisms related to its implementation have been put in place. For example, in amending the method for selection of the chief executive of the HKSAR and method for the formation of the Legislative Council of the HKSAR, a "five-step" legal procedure has been established and the five steps are: the chief executive makes a report to the NPC Standing Committee; the NPC Standing Committee makes a corresponding decision; the Legislative Council endorses the decision; and the chief executive gives his consent; and the NPC Standing Committee approves or puts it on the record. Regarding the interpretation of the Basic Law, the relevant procedures and working mechanisms that have been established include: the NPC Standing Committee interprets the Law on its own initiative; the chief executive makes a report to the State Council, which then submits it to the NPC Standing Committee and asks it to give an interpretation; or the Court of Final Appeal of the HKSAR seeks an interpretation of the relevant provisions from the NPC Standing Committee. Regarding legislation in the HKSAR, the working procedure for the NPC Standing Committee to put on the record of laws enacted by the HKSAR has been established; in terms of judicial aid between the mainland and HKSAR, arrangements have been made in mutual service of judicial documents, reciprocal recognition and enforcement of arbitration awards of civil and commercial cases as well as judgments of certain civil and commercial cases. Regarding accountability the chief executive holds to the central government, a system is in place for the chief executive to make reports to the central government on his/her own work. As the practice of "one country, two systems" continues and the Basic Law is further implemented, it is imperative to further improve the systems and mechanisms in relation to the implementation of the Basic Law. In particular, it is necessary to, with an eye to the lasting peace and order in Hong Kong, exercise well the power invested in the central government as prescribed in the Basic Law and see to it that the relationship between the central government and HKSAR is indeed brought onto a legal and institutionalized orbit.
3. The Hong Kong People Who Govern Hong Kong Should Above All Be Patriotic