“港人治港”是有界限和标准的,这就是邓小平所强调的必须由以爱国者为主体的港人来治理香港。对国家效忠是从政者必须遵循的基本政治伦理。在“一国两制”之下,包括行政长官、主要官员、行政会议成员、立法会议员、各级法院法官和其他司法人员等在内的治港者,肩负正确理解和贯彻执行香港基本法的重任,承担维护国家主权、安全、发展利益,保持香港长期繁荣稳定的职责。爱国是对治港者主体的基本政治要求。如果治港者不是以爱国者为主体,或者说治港者主体不能效忠于国家和香港特别行政区,“一国两制”在香港特别行政区的实践就会偏离正确方向,不仅国家主权、安全、发展利益难以得到切实维护,而且香港的繁荣稳定和广大港人的福祉也将受到威胁和损害。
爱国者治港也是具有法律依据的。宪法和香港基本法规定设立香港特别行政区,就是为了维护国家的统一和领土完整,保持香港长期繁荣稳定。因此,香港基本法规定特别行政区行政长官、主要官员、行政会议成员、立法会主席及立法会百分之八十以上的议员、终审法院和高等法院的首席法官,都必须由在外国无居留权的香港永久性居民中的中国公民担任;行政长官、主要官员、行政会议成员、立法会议员、各级法院法官和其他司法人员在就职时必须依法宣誓拥护中华人民共和国香港特别行政区基本法,效忠中华人民共和国香港特别行政区;行政长官必须就执行基本法向中央和特别行政区负责。这是体现国家主权的需要,确保治港者主体效忠国家,并使其接受中央政府和香港社会的监督,切实对国家、对香港特别行政区以及香港居民负起责任。
There are lines and criteria to be observed in implementing "Hong Kong people governing Hong Kong," that is what Deng Xiaoping stressed, Hong Kong must be governed by the Hong Kong people with patriots as the mainstay, as loyalty to one's country is the minimum political ethic for political figures. Under the policy of "one country, two systems," all those who administrate Hong Kong, including the chief executive, principal officials, members of the Executive Council and Legislative Council, judges of the courts at different levels and other judicial personnel, have on their shoulders the responsibility of correctly understanding and implementing the Basic Law, of safeguarding the country's sovereignty, security and development interests, and of ensuring the long-term prosperity and stability of Hong Kong. In a word, loving the country is the basic political requirement for Hong Kong's administrators. If they are not consisted of by patriots as the mainstay or they cannot be loyal to the country and the HKSAR, the practice of "one country, two systems" in the HKSAR will deviate from its right direction, making it difficult to uphold the country's sovereignty, security and development interests, and putting Hong Kong's stability and prosperity and the wellbeing of its people in serious jeopardy.
The fact that Hong Kong must be governed by patriots is well grounded in laws. Both the Constitution and the Basic Law provide for the establishment of the HKSAR, which works for China's national unification, territorial integrity and maintaining Hong Kong's long-term stability and prosperity. In that context, the Basic Law requires that the chief executive, principal officials, members of the Executive Council, president and over 80 percent of the members of the Legislative Council, chief justice of the Court of Final Appeal and chief judge of the High Court shall be Chinese citizens who are permanent residents of Hong Kong with no right of abode in any foreign country; that, when assuming office, the chief executive, principal officials, members of the Executive Council and Legislative Council, judges of the courts at all levels and other members of the judiciary in the HKSAR must, in accordance with the law, swear to uphold the Basic Law and swear allegiance to the HKSAR of the PRC; and that the chief executive be accountable to the central government and the HKSAR with respect to implementing the Basic Law. All this is necessary for displaying sovereignty, ensuring loyalty to the country by the mainstay of Hong Kong administrators and helping them to subject to oversight by the central government and Hong Kong society, while taking their responsibility for the country, the HKSAR and Hong Kong's residents.