明報 (2013/07/22)

作家專欄 | 基本法新書/文.劉進圖

 今年書展有許多新書面世,我想向讀者推薦一本題材較嚴肅但相當易讀和實用的書,是賈廷思(Danny Gittings)寫的Introduction To The Hong Kong Basic Law,顧名思義,這是香港《基本法》的導論專著。說它易明,是因為作者有15年新聞工作經驗,曾任職《南華早報》和《亞洲華爾街日報》,撰寫大量政治分析和社評,非常懂得用簡單易明的文字來說明複雜深奧的事情。說它實用,是因為作者在港大專業進修學院教授與基本法有關的課程多年,有大量教學實戰經驗,這部導論是多年教學所用材料和課堂心得的結晶,對政治系和法律系大學生及通識科老師,都具有高度的實用價值。

 我和Danny相識多年,對他的功力很有信心,這部導論前面幾章講政治制度,透徹地剖析了為何北京按行政主導的思維來設計香港政制,但現實上卻造成了行政立法長期對立的僵局。後面幾章講法院及北京如何詮釋基本法,描畫了終審法院如何在不同時期採取擴權或退讓的策略,由此造成居留權定義的反覆。最後一章很有意思,講2047年後基本法的規定會否過期,社會主義制度和政策不在港實施的保證會否失效,限制基本法修改不能牴觸聯合聲明所訂基本方針政策的束縛會否消失,作者提出了富想像力但又立足於基本法條文的答案,指2047年這大限很可能會像1997大限一樣,在風平浪靜中度過,但由這大限觸發的問題和矛盾,會在大限臨到前的1020年間爆發,促使北京通過行使基本法解釋權,創造新的、可跨越2047年的規定,基本法條文本身反而毋須重大修改。

 [劉進圖 editorial@mingpao.com ]

 

English Translation

New Book on the Basic Law
Text by Lau Chun To (劉進圖)

This year many new books are available at the Book Fair. I would like to recommend a rather readable and practical book on a more serious subject, Introduction To The Hong Kong Basic Law written by Danny Gittings (賈廷思). As the name suggests, this is an introductory text on Hong Kong's “Basic Law”. The book is an easy read because the author has 15 years of journalistic experience, working for the "South China Morning Post" and the "Asian Wall Street Journal", and he has written a lot of political analysis and editorials. He knows how to use simple and easily understandable language to explain complex issues. It is practical because the author has been teaching courses related to the Basic Law at at the HKU School of Professional and Continuing Education for many years, and has a large amount of practical teaching experience. This book is an accumulation of many years of teaching materials and classroom knowledge, and it will be really useful for students of political science and law and teachers of general studies.

 I have known Danny for many years and I am very confident in his capability. The earlier chapters of this book talk about the political system. They provide a thorough analysis of why Beijing designed a Hong Kong political system based on the concept of executive-led government but, in reality, this has resulted in a long-term confrontation between the executive and legislature. The later chapters deal with how the Hong Kong courts and Beijing have interpreted the Basic Law. They describe how the Court of Final Appeal has adopted different strategies of expansion and concession during different periods, which resulted flip-flops in the  definition of right of abode. The last chapter is very interesting, as it talks about whether  the provisions in the Basic Law will expire after 2047, and whether the guarantee that the socialist system and policies will not in Hong Kong will expire, and whether  the restriction that that any amendment to the Basic Law can not contravene the basic policy direction of the Joint Declaration will disappear. The author gave an imaginative answer, which does not contradict the provisions of the Basic Law, saying that the 2047 deadline may be very similar to 1997 in the sense that they both pass without major incident. But the issues and contradictions triggered by the deadline may erupt in the 10 to 20 years before the deadline prompting Beijing to exercise its right to interpret the Basic Law in order to create new rules that could transcend 2047, while the text of the Basic Law itself will not require major amendment.

 [Lau Chun To editorial@mingpao.com]