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  法治是香港赖以成功的基石及核心价值,法治是香港保持长期繁荣稳定的关键。回归二十五年来的非凡历程充分证明了两点:一是香港法治一直在进步,市民的基本权利和自由得到充分保障;二是要维护法治,必先维护好由国家宪法、基本法确立的香港特区宪制秩序,宪制秩序愈牢固,香港法治就愈有保障,「一国两制」行稳致远就愈有坚实的基础。

  由律政司与多个法律团体举办的「愿景2030──聚焦法治」国际论坛,是庆祝香港回归二十五周年系列活动之一,汇聚世界各地的官员及法律学者,以促进不同司法管辖区就法治的理解和实践进行交流。出席活动的行政长官林郑月娥在致辞中指出,「一国两制」成功实践,香港长期担当具领导地位的国际金融枢纽,亦是中国目前唯一实行普通法的地区,在基本法下特区司法独立、人民的基本权利和自由得到保障,这亦是众多国际大型企业选择在香港进行法律及调解服务的原因。

  林郑月娥特别提到两个数据,香港在「2021年度法治指数」中排名第19位,在东亚和太平洋地区排名第5,反映香港法治水平得到国际社会公认。值得一提的是,在同一排名中,英国排全球第16位,美国排名第27位。香港排名靠近英国,远优于美国,足证反中乱港势力长期抹黑香港「法治倒退」甚至扬言「法治已死」云云,纯属无稽之谈。特别是美国,法治排名远远落后于香港,还有什么理由对香港法治说三道四!

  横向比较,香港在全球法治排名中位于前列;纵向比较,香港法治较回归前更有长足的进步。林郑月娥在致辞中又引用了世界银行的世界管治指标,指出香港法治指标在回归前只有69.85分,但自2003年后,一直维持在90分以上。数据最能说明问题,香港回归后法治不是退步了,而是在不停地进步,大踏步地进步。那些吹捧港英时代「有法治」,回归后法治「不进反退」的说法,如果不是出于无知,就是别有用心,根本不值一驳。

  另一方面,香港回归以来面临各种挑战,特别是2014年非法「占中」及2019年修例风波爆发,「港独」歪风一度如病毒般蔓延,显示香港的法治存在漏洞,为反中乱港势力提供了可乘之机,使香港发展面临严重威胁。在这种情况下,中央审时度势,打出一套组合拳,通过制定香港国安法及完善香港选举制度,全面落实「爱国者治港」,实现了香港由乱到治、由治及兴的转变,市民得以重享基本法保障的各种权利及自由。事实证明,反中乱港势力及其幕后外部势力是香港法治的破坏者,中央才是香港法治的坚定维护者及捍卫者。

  香港回归二十五年的事实证明,社会安宁来之不易,香港法治并非理所当然。外交部驻港特派员公署特派员刘光源在致辞时指出,维护香港的法治,首先要捍卫以宪法和基本法为基础建立的宪制秩序。只有在宪法和基本法的引领和保障下,香港的法治精神才能得以存续,「一国两制」才能在正确轨道上稳步前行。

  法治有如空气和阳光,须臾不可或缺,法治与市民福祉密切相关。「一国两制」实践不断向前推进,宪法和基本法确立的宪制秩序只有得到坚定维护,七百五十万港人的根本利益才能得到真正保障。   2022-05-27

  Defending the constitutional order to safeguard the rule of law in Hong Kong

  The rule of law is the cornerstone for Hong Kong's success and a core value. The rule of law is crucial for Hong Kong to maintain long-lasting prosperity and stability. The remarkable journey in the past 25 years since Hong Kong's return to the Motherland proves up to the hilt the following two points. One is that the rule of law in Hong Kong keeps progressing with citizens' fundamental rights and freedoms fully protected. The second is that, in order to safeguard the rule of law, the constitutional order in the Hong Kong SAR established by the national Constitution and Basic Law must be safeguarded first. The more strengthened the constitutional order is, the more fully protected is Hong Kong's rule of law and a more solid foundation is laid for the steady and successful implementation of "one country two systems".

  The Vision 2030 for Rule of Law International Symposium jointly hosted by the Department of Justice and several legal organisations, as one of the activities to celebrate the 25th anniversary of Hong Kong's return to the Motherland, gathered government officials and legal scholars from various places in the world to promote exchange of views from various jurisdictions on the understanding and practice of the rule of law.  In her speech at the symposium, Chief Executive Carrie Lam Cheng Yuet-ngor pointed out that "With…the successful implementation of the 'one Country two Systems' framework, Hong Kong has come a long way as a leading international financial hub. We are, as well, the only common law jurisdiction within China. Hong Kong boasts an independent judiciary and fundamental rights and freedoms fully protected under the Basic Law. That is why Hong Kong is often the preferred choice for multinational co-operation when it comes to legal and dispute resolution services."

  Carrie Lam specially quoted two figures. According to the Rule of Law Index 2021 [by the World Justice Project], Hong Kong maintains its fifth overall ranking in the East Asia and Pacific Region and 19th standing globally. This shows the rule of law in Hong Kong is recognised by the international community. It is noteworthy that in the same Index, the United Kingdom ranks 16th globally and the United States 27th. Hong Kong's ranking is close to the UK's but far better than that of the U.S. This is sufficient evidence that those assertions made by anti-China and trouble-making elements for long period of time about the "weakening" or even "death" of the rule of law in Hong Kong are all nonsensical. With its ranking falling far behind Hong Kong, the U.S. in particular has no reason to make carping comments on the matter!

  In horizontal *** ysis, Hong Kong ranks quite high globally in the Rule of Law Index. In vertical *** ysis, the rule of law in Hong Kong has made great progress compared to the state of affairs before its return to the Motherland. In her speech, Carrie Lam also quoted the Worldwide Governance Indicators (WGI) by the World Bank Group to point out that Hong Kong's percentile rank in respect of the rule of law was only 69.85 in 1996 [before China's resumption of sovereignty over Hong Kong], but since 2003, it has remained consistently above 90. Figures are the most explanatory. Since its return to the Motherland, Hong Kong's rule of law has not been weakened but instead kept making great strides steadily. Those people are either ignorant or ill-intentioned, who  lavish praise on "the rule of law" in Hong Kong under British colonial rule and assert that the rule of law in the SAR since Hong Kong's return to the Motherland "is rather retrogressing than progressing". They are not worth refuting.

  On the other hand, since its return to the Motherland, Hong Kong has been up against various challenges. In particular, amid the unlawful "Occupy Central" in 2014 and the Anti-Extradition Law Amendment Bill Turmoil starting in 2019, the ill wind of "independence for Hong Kong" once spread like a virus, indicating there were loopholes in Hong Kong's rule of law which opened opportunities for the anti-China and trouble-making elements to exploit to their advantage. Hong Kong's development faced a serious threat. Under the circumstances, the Central Government made a correct asses *** ent of the situation and worked out a set of countermeasures to comprehensively putting into practice the principle of "patriots governing Hong Kong" through legislating the Hong Kong National Security Law (The Law of the People's Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region) and improving Hong Kong's electoral system. This brings about the change for Hong Kong to transform from chaos to order and progress from stability to prosperity and ensures that citizens enjoy all kinds of rights and freedoms protected by the Basic Law. As events turn out, anti-China and trouble-making elements and the external forces behind them are saboteurs of Hong Kong's rule of law. It is the Central Government that is the staunch keeper and defender of the rule of law in Hong Kong.

  Facts in the past 25 years since Hong Kong's return to the Motherland prove that public peace is hard-won and the rule of law in Hong Kong is not something to be taken for granted. Liu Guangyuan, commissioner of the Chinese Foreign Ministry in the HKSAR said in his speech at the Symposium that "To protect the rule of law in Hong Kong, we must safeguard the constitutional order established by the Constitution and the Basic Law first". Only under the guidance and protection of the national Constitution and Basic Law, can the spirit of the rule of law in Hong Kong be maintained and sustained, can "one country two systems" move forward steadily along the right track.

  Like air and sunlight that is indispensable for a moment, the rule of law is closely related with citizens' well-being. With the implementation of "one country two systems" forging ahead, only when the constitutional order established by the national Constitution and Basic Law is firmly defended, can the fundamental interests of the 7.5 million Hong Kong people be truly protected.

  27 May 2022

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