作者：萧平
XIAO PING
资深时事评论员。
Why does central govt have overall jurisdiction over HK?
2014年6月国务院新闻办发表《白皮书》，提及中央对港有全面管治权。香港有人对此大加挞伐，称全面管治就是“什么都管”、“一国一制”，是对基本法的“僭建”。这些指责很可笑，暴露出对中央与特区关系的无知。“全面管治权”并不费解。首先它是国家主权的固有权力，从香港回归起就存在。其次它与特区高度自治权并行不悖，绝非什么都管。
The White Paper on the Practice of the “One Country, Two Systems” Policy in the Hong Kong Special Administrative Region, issued in June 2014 by the Information Office of the State Council, states that the central government holds the power to exercise overall jurisdiction in the HKSAR. This statement of a plain fact irritated some people in the city who interpreted “overall jurisdiction” as “controlling everything”, “one country, one system” and even “unauthorized addition” to the Basic Law of the HKSAR. Such accusations are absurd at best and indicative of their ignorance regarding the relationship between the central government and the HKSAR.“Overall jurisdiction” is not difficult to comprehend. It represents the inherent authority of the sovereign state and is not in conflict with the high degree of autonomy of the HKSAR. Nor does it mean the central government controls everything in Hong Kong.
为什么是固有权力？晚清以后的中国政府始终没有放弃对香港的主权，只是因为被英国强占而无法管治香港，从而无法行使主权。中国政府收回香港，恢复行使主权，其实质就是收回治权。国家主席习近平说得明白，“香港从回归之日起，重新纳入国家治理体系。”全面管治权是主权的体现，收回却不能管治，收回就失去了意义。
Why is the power of “overall jurisdiction” the “inherent authority” of the central government? Historically speaking, no Chinese government after the Qing Dynasty (1644-1911) abandoned sovereignty over Hong Kong, although the state was unable to exercise jurisdiction because the city was occupied by the British empire. With the resumption of the exercise of sovereignty over Hong Kong, the Chinese government naturally regained the governing power of the HKSAR. President Xi Jinping made it clear, “Hong Kong has been back in the national governance system since China resumed the exercise of sovereignty over the city.” Sovereignty is demonstrated through overall jurisdiction. It would be pointless to resume the exercise of sovereignty over Hong Kong without the power to exercise overall jurisdiction over the HKSAR.
为什么并行不悖？高度自治是全面管治权的一种特殊的实现方式，对特区自治范围内的地方事务，中央是不管的。白皮书写明，全面管治权既包括中央直接行使的权力，也包括授权特区高度自治；对特区的高度自治权，中央具有监督权。这就是一国两制下，中央全面管治权与特区高度自治权的有机统一。
Why is “overall jurisdiction” not in conflict with a “high degree of autonomy”? Granting Hong Kong a high degree of autonomy is a unique way to exercise overall jurisdiction: The central government has authorized the HKSAR to run the city with a high degree of autonomy, and refrains from directly managing affairs that fall within the scope of the HKSAR’s autonomy. According to the white paper, overall jurisdiction covers affairs only the central government has the power to run and those the HKSAR runs under a high degree of autonomy; and the central government has the power to supervise Hong Kong’s high degree of autonomy. This demonstrates the organic bond between the central government’s overall jurisdiction over the HKSAR and the latter’s high degree of autonomy within the “one country, two systems” framework.
主权即最终决定权，是一个国家对其领土内的一切人和物享有的排他性管辖权。中国是单一制国家，不独香港，中央政府对所有地方行政区域都拥有全面管治权。主权只有一个，只能属于国家，而不能与地方分享。主权与治权也不能分割，主权是治权的依据，是治权合法性的来源；治权是主权的行使方式，丧失治权，主权就成了空中楼阁。中央依据主权决定对香港的管治方式，包括选择有利于保障中央行使主权、落实全面管治权的政治体制，这是确立行政主导体制的重要考虑。
Sovereignty is the ultimate decision-making power, the highest authority of the state to handle domestic and foreign affairs independently and on its own accord. As a unitary state, China’s sovereignty is exclusively maintained by the State rather than being shared with regional authorities. Overall jurisdiction cannot be separated from sovereignty, because sovereignty is the basis of overall jurisdiction and makes the latter legitimate; meanwhile exercising overall jurisdiction is how sovereignty manifests itself, meaning sovereignty without overall jurisdiction is just an empty idea. The central government exercises sovereign power and determines the way it runs Hong Kong, including a political framework that ensures its sovereign power and overall jurisdiction, which is the main reason why the SAR’s institutions are led by the executive branch.
中英就香港前途问题谈判时，英方先试图确认不平等条约的有效性，继续侵占香港主权，被邓小平以“主权问题不可以讨论”怼回；继而提出“主权换治权”，承认中国对香港的主权，但继续由英国人管治，这同样遭到中方坚决拒绝，邓小平说“香港人能治理好香港”。
When China and the United Kingdom discussed issues concerning the future of Hong Kong, the British side attempted to continue usurping the exercise of sovereignty over the city by trying to confirm the effectiveness of the unequal treaties. After Deng Xiaoping rejected such proposals, the UK government offered China a “deal” that would give the exercise of sovereignty over Hong Kong back to China while Britain keeps the right to exercise overall jurisdiction over the city. It was of course categorically rejected by the Chinese side, as Deng insisted “the people of Hong Kong can take good care of their city on their own.”
有人说一国两制是主权归中央，治权归香港。这与“主权换治权”是同样的逻辑，是对主权的割裂。设立特别行政区，实行一国两制，并未改变中国单一制的国家形式。香港的高度自治权并非与生俱来，没有主权下的全面管治，就没有授权下的高度自治。
Some people assume “one country, two systems” means the central government holds sovereignty over Hong Kong while overall jurisdiction belongs to the latter. Their logic is the same as that of “sovereignty in exchange for overall jurisdiction” proposed by Britain, and would have severed sovereignty and overall jurisdiction over Hong Kong. The establishment of special administrative regions and implementation of “one country, two systems” do not affect China’s unitary state model. Hong Kong’s high degree of autonomy is not inherent. Without the power to exercise overall jurisdiction, the sovereign State could not have authorized a high degree of autonomy for the HKSAR.
中央对行政长官的任命，就是直接行使中央权力；对特区法律备案和发回，对基本法做最终解释，对部分法官任免的备案，就是对特区立法和司法的监督。中央权力中央行使，特区权力在中央监督下行使，依法行权，取予有道，既不放弃责任，又不越俎代庖，中央就是这么做的。
The appointment of the chief executive of the HKSAR is the central government directly exercising overall jurisdiction. Meanwhile, the requirement for the HKSAR to send a copy of every law it adopts to the central government for record, the power of the National People’s Congress Standing Committee to invalidate a Hong Kong law by sending it back, and the NPCSC’s exclusive power to issue ultimate interpretations of the Basic Law, demonstrate how the central authorities supervise Hong Kong’s legislative and judicial affairs. The central government exercises its power to maintain overall jurisdiction over Hong Kong and supervises how the HKSAR uses its rights and powers under a high degree of autonomy. That demonstrates clearly the relationship between sovereign power and authorized powers according to the Basic Law. The central government will never abandon its responsibility nor overreach it.
原文刊登于4月14日《中国日报香港版》
