三位研究基本法的权威学者王振民、韩大元、何俊志，日前分别接受新华社採访，指出香港选举制度所存在的问题，对香港社会稳定及国家安全构成安全隐患，建议优化制度确保选举安全，落实“爱国者治港”原则。有关建议在香港社会引起广泛共鸣，反映进一步完善选举制度，已成当务之急。

　　“爱国者治港”不是新提法，而是“一国两制”的应有之义。上世纪八十年代，邓小平构思“一国两制”时，就明确提出“港人治港”有个前提与标準，就是必须“由以爱国者为主体的港人来治理香港”。习近平主席在此基础上，进一步将“爱国者治港”上升到“根本原则”的高度来认识这一关键问题。

　　香港回归二十多年来，香港特区民主制度在法治的轨道上前进，但也要看到，随着时间推移，选举制度中的一些漏洞及缺陷也逐渐暴露出来，如果不及时处理，就无法确保“爱国者治港”。

　　这些漏洞及缺陷，主要表现在五大方面：出现违反基本法初心和基本法确立的选举制度原则的现象；无法有效保证候选人符合爱国者标準，部分持“港独”立场的候选人“入闸”且当选；国家意志和利益以及香港社会的整体利益无法有效体现在选举制度的运行之中；选举的民意代表性不足。还有，香港选举制度对外部干预缺乏应有的防範机制，外国反华势力利用选举破坏香港稳定、干预香港民主发展，使得香港选举成为危害国家安全的高风险领域。

　　学者们的分析一针见血，点出关键。一六年立法会选举，选出极端分子甚至是“港独”分子担任议员；一九年“修例风波”爆发，“港独”势力更是甚嚣尘上，大搞“选举揽炒”，不仅破坏选举原则，也导致选举及立法会运作乱象层出不穷，立法会内会更一度被瘫痪半年之久。乱象的背后，根源在於未能有效落实“爱国者治港”这一根本原则。选举漏洞若不能及时堵上，特区建制对乱港势力中门大开，“爱国者治港”就有被“祸国者治港”取代的风险，香港的回归将失去意义。

　　从另一个角度看，“一国两制”是前所未有的创举，在制度设计上不可能尽善尽美。再说，以前也许有效的机制也可能渐渐变得不合时宜。非法“佔中”、“修例风波”的爆发并非偶然，而是深层次矛盾激化的结果，对香港造成了极大的破坏，对国家主权、安全和发展利益构成了严重威胁，同时也让人们看清选举制度中的有些规定不适合世情、国情特别是港情的发展，不仅危及国家安全，也使香港全社会付出沉重代价。

　　国安法去年落实后，香港开始了拨乱反正的进程。选举制度需要与时俱进，理应有所调整，堵塞漏洞，使之更好地体现“爱国者治港”这一根本原则。这是时代发展的必然，是“一国两制”行稳致远的根本保障。

　　2021-02-22

　　Improving the electoral system to ensure "patriots governing Hong Kong"

　　In their respective interviews with Xinhau New Agency recently, three authoritative scholars in the Basic Law study - Wang Zhenmin, Han Dazhong and He Junzhi - all pointed out that problems with Hong Kong's electoral system posed hidden dangers to Hong Kong's social stability and national security. And they suggested that the electoral system be optimised to ensure electoral security and implement the principle of"patriots governing Hong Kong". Such a proposal strikes a chord with the majority of Hong Kong people, which shows that further improving the electoral system now becomes an imperative task.

　　"Patriots governing Hong Kong" is no new wording but an inherent part of"one country two systems". In 1980s, when Deng Xiaoping was formulating "one country two systems", he had already unambiguously pointed out that"Hong Kong people governing Hong Kong"has a premise and criterion, which is that "Hong Kong must be governed by the Hong Kong people with patriots as the mainstay."Based on this, President Xi Jinping further elevated"patriots governing Hong Kong" to the height of a "fundamental principle "to comprehend this key issue.

　　In the past two decades or so since Hong Kong's return to the Motherland, the democratic system in the Hong Kong SAR has been progressing along the track of the rule of law. However, it must also be seen that as time passes by, certain loopholes and shortcomings in the electoral system are also gradually exposed. If they are not dealt with in time, then "patriots governing Hong Kong"is by no means a sure thing.

　　Such loopholes and shortcomings are visible from five aspects:there have been violations of the original intention of the Basic Law and principles of the electoral system;there are no effective measures to guarantee that a candidate fulfills the standards of a patriot so that some candidates upholding"independence for Hong Kong" were allowed to run and be elected;the national will and interests as well as Hong Kong society's overall interests are not effectively manifested in the operation of the electoral system; elections have a lack of popular representativeness. Moreover, Hong Kong's electoral system lacks a preventive mechanism against external intervention, so that foreign anti-China forces could make use of elections to jeopardise Hong Kong's stability and intervene in the development of democracy in Hong Kong. So much so that elections in Hong Kong become a high-risk domain threatening national security.

　　The scholars' analysis hits the bullseye, identifying the crux of the problem. The 2016 Legislative Council （Legco） election had sent some radicals or even advocates for "Hong Kong independence" into the legislature; in 2019, with the occurrence of the Anti-Extradition Law Amendment Bill incident, pro-Hong Kong-independence elements ran even more rampant to seek"mutual destruction through elections". All this not only violated the election principles but also resulted in incessant chaos in elections and in the operation of the Legco - the Legco had once been paralysed for half a year. The source of such chaos lies in the failure to effectively implement the fundamental principle of "patriots governing Hong Kong". If loopholes in the electoral system cannot be plugged in time, the door of Hong Kong's establishment will open wide to trouble-making elements, and then there is the risk of "patriots governing Hong Kong" be replaced by "nation-wreckers governing Hong Kong". As such Hong Kong's return to the Motherland will become meaningless.

　　From another perspective,"one country two systems" was an unprecedented pioneering undertaking. Hence it could not possibly to have made a perfect system design at the start. Moreover, some mechanisms effective previously may also become out of accord with the times. The occurrences of the unlawful "Occupy Central" and Anti-Extradition Law Amendment Bill incident are not accidental but a result of intensification of deep-rooted contradictions. The incidents have inflicted severe damages to Hong Kong and posed a serious threat to national sovereignty, security and development interests, but also let people clearly see that some rules in the electoral system are not in keeping with the development of the circumstances in the world, in our country and in Hong Kong, which not only threaten national security but also make Hong Kong society to pay a heavy price.

　　With the implementation of the Hong Kong National Security Law last year, the SAR started to clarify confusion and get wrongs righted. The electoral system must keep pace with the times, hence naturally it needs to be adjusted with loopholes plugged so as to better embody the fundamental principle of "patriots governing Hong Kong". This is an inevitable move to keep abreast with the times, and the fundamental guarantee for the smooth and long-term successful practice of"one country two systems".

　　22 February 2021