香港真是三權分立?(一)
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作者︰葉劉淑儀 | 來源︰:明報 | 日期︰2018 年 3 月 17 日 |
本月十三日,《廣深港高鐵(一地兩檢)條例草案》委員會召開第三次會議。會議上,有泛民議員引述大律師公會提交的意見書內容,質疑在西九高鐵站實施「一地兩檢」會違反《基本法》第18條,即除列於附件三之全國性法律外,其他全國性法律不得在香港實施。
律政司司長鄭若驊向議員解釋,「一地兩檢」是在「一國兩制」下發生的獨特情況,只適用於內地口岸區,並重申條例草案無牴觸《基本法》。會上亦有議員關注如有人就「一地兩檢」是否違憲向法院申請司法覆核,局方的後備方案為何。
運輸及房屋局局長陳帆回應時指,政府暫無後備方案,又指香港奉行「三權分立」,市民可就「一地兩檢」是否合憲尋求法院裁決。因為我身為法案委員會主席,所以立時提醒陳局長香港的憲制並非「三權分立」,而是司法獨立。
「三權分立」意指行政、立法、司法機關享有均等的憲制地位,從而達致三權互相制衡與監察。不少人都誤以為香港奉行「三權分立」,不過香港不論在回歸前和回歸後都奉行「行政主導」,其實「三權」從未真正分立。
在殖民地年代,港督長時間兼任立法局主席,絕大部分立法局議員由官員或委任人士出任。直至80年代末期,行政機關一直牢牢掌握立法的權力。1985年立法局出現首批功能組別議員,1991年立法局引入直選議席,1995年港督彭定康取消所有官守議員議席,逐步削弱行政機關的立法權力。
因此,香港回歸前奉行「三權分立」的說法並不準確,但司法獨立則回歸前後都不變。
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政府「吸客」措施漸見成效 / Government's "attraction" measures are gradually showing results
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文章刊登時是年初五,我先在此恭祝各位讀者蛇年福星高照、萬事如意、闔家安康。
過去一年,特區政府推出了多項政策措施振興本地經濟,尤其在旅遊業方面着墨甚多。雖然旅遊業仍然處於復蘇階段,但從來訪的旅客數字上看,政府的措施已初見成效。
旅遊發展局總幹事程鼎一先生在一個電台節目中透露,由大除夕至年初三,約有68 萬人次旅客訪港,其中內地旅客有56.4 萬人次,比去年同期多4%;非內地旅客則有11.4 萬人次,上升16%。
我認為訪港旅客數量上升主要得益於兩個因素:客源市場的擴大及更為多元的旅遊體驗。
為積極吸引更多不同的旅客來港,行政長官於去年《施政報告》中提出要開拓中東和東南亞國家聯盟(東盟)旅客客源。就此,特區政府率領歷來到訪中東最大規模的本地業界訪問團到迪拜參與中東地區的大型旅遊業展覽,與當地旅遊業界建立連繫,希望吸引更多穆斯林旅客訪港。有關措施的成效亦十分顯著:旅遊發展局的數據顯示,來自卡塔爾、阿聯酋及沙特阿拉伯等海灣合作國家的旅客於去年12 月就錄得46.4% 升幅!此外,來自日本、韓國、菲律賓及俄羅斯等地的旅客亦有顯著的升幅。
除積極開拓更多新的客源市場外,政府亦有努力發展更多具香港特色的旅遊景點,希望擺脫過往香港旅遊業依賴餐飲及零售消費的印象,以加強旅客在港的體驗。比方說,香港市民習以為常的賽馬對於內地遊客而言就顯得十分新奇。年初三在沙田馬場舉行的「農曆新年賽馬日」就吸引共9654 名遊客入場,其中內地旅客佔高達九成,反映活動對遊客有着相當的吸引力。
我認為,隨着政府逐步落實《香港旅遊業發展藍圖2.0》中的各項措施,旅業復蘇的速度將進一步加快,重新發揮其作為香港四大支柱產業之一的功能,幫助香港經濟「再起飛」。
Government's "attraction" measures are gradually showing results
At the time of publication, it was already the fifth day of the Chinese New Year. I would like to take this opportunity to extend my best wishes to all readers for a prosperous Year of the Snake, good fortune, and health for the whole family.
Over the past year, the SAR government has implemented multiple policy measures to revitalize the local economy, with a particular emphasis on the tourism industry. Although the tourism sector is still in the process of recovery, the government's measures have shown initial signs of success based on the number of visitors.
Mr. Dane Cheng, Executive Director of the Hong Kong Tourism Board, revealed during a radio program that from the eve of Lunar New Year to the third day of the new year, approximately 680,000 visitors came to Hong Kong. Among them, there were about 564,000 mainland Chinese visitors, an increase of 4% compared to the same period last year; non-mainland visitors numbered 114,000, an increase of 16%.
I believe the increase in visitor numbers is mainly due to two factors: the expansion of the source market and a more diverse tourism experience.
To actively attract a more diverse range of visitors to Hong Kong, the Chief Executive proposed in last year's Policy Address to explore the source markets of the Middle East and the Association of Southeast Asian Nations (ASEAN) countries. In response, the SAR government led the largest local industry delegation to Dubai for a major tourism expo in the Middle East, establishing connections with the local tourism industry in the hope of attracting more Muslim visitors to Hong Kong. The effectiveness of these measures is also significant: according to data from the Hong Kong Tourism Board, visitors from Gulf Cooperation Council countries such as Qatar, the United Arab Emirates, and Saudi Arabia recorded a 46.4% increase in December last year! In addition, visitors from Japan, South Korea, the Philippines, and Russia also saw significant increases.
In addition to actively exploring new source markets, the government is also making efforts to develop more tourist attractions with unique Hong Kong characteristics, aiming to move away from the impression that Hong Kong tourism has traditionally relied on dining and retail consumption to enhance the visitor experience in Hong Kong. For example, horse racing, a common activity for Hong Kong residents, appears very novel to mainland Chinese tourists. The "Lunar New Year Race Day" held at Sha Tin Racecourse on the third day of the Lunar New Year attracted a total of 9,654 visitors, with mainland Chinese tourists accounting for as much as 90%, reflecting the considerable appeal of the event to visitors.
I believe that as the government gradually implements various measures outlined in the "Hong Kong Tourism Industry Development Blueprint 2.0", the pace of tourism industry recovery will further accelerate, allowing it to once again play its role as one of Hong Kong's four pillar industries, assisting Hong Kong's economy in "taking off" once again.
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Worst may be over for HK
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Regina Ip says the economy is bouncing back and Hong Kong has regained leading rankings in many global financial and competitiveness surveys, but the government must pursue technological and political innovation to see the city thrive
In the Year of the Snake, Hong Kong enters a world that is more perilous than ever, with US President Donald Trump threatening tariffs against key trading partners and intensifying technological competition with China. Comments from Chinese officials that there are “no winners” in a trade war drop strong hints that China would not hesitate to retaliate if it is targeted.
Hong Kong is powerless to put brakes on a trade or tech war, but when it comes to troubles roiling the city, the worst might be over.
Top on the list is the controversy over national security. Although Hong Kong is constitutionally required to implement national security legislation, the national security law Beijing enacted for Hong Kong in 2020 sparked a spate of sanctions, travel warnings and a precipitous plunge in Hong Kong’s relationship with the West.
Nearly five years after the enactment of the law, Hong Kong could be close to turning the corner. “National security first” remains the government’s credo, but hints of change could be seen in Secretary for Security Chris Tang Ping-keung’s letter to The Wall Street Journal on comments former US vice-president Mike Pence made at a business conference in Hong Kong last month.
After complaining about Pence’s “despicable” attempt at “political manipulation”, Tang concluded by saying, “The above notwithstanding, the Hong Kong Special Administrative Region government always strengthens ties and exchanges with different countries, including the US.
“Indeed, despite political differences in recent years, Hong Kong and the US continue to enjoy mutually respectful and beneficial business and social ties. Our city will continue to serve as the most effective bridge linking our motherland with the rest of the world for years to come”. This is a significant change in tone portending a more nuanced strategy towards the city’s critics.
On the economic front, Hong Kong is on the mend. The stock market is bouncing back. According to Bonnie Chan Yiting, CEO of Hong Kong Exchanges and Clearing, a pipeline of 100 companies are waiting to be listed. Visitor arrivals are up more than 30 per cent compared to 2023, and various schemes have helped to fill Hong Kong’s talent gap. In addition, Hong Kong has regained leading rankings in many international financial and competitiveness surveys.
The government has invested billions into research and innovation to jump-start its technological development. The high costs and many hurdles are to be expected given the late start. There are three areas the government must prioritise to catch up with global developments.
First, priority must be accorded to the adoption of generative artificial intelligence (AI) in and outside government. As AI applications thrive on open data and algorithms, the government should accelerate the implementation of its open data and cross-boundary data transfer policies agreed with the rest of the Guangdong-Hong Kong-Macau Greater Bay Area, to enable promising sectors such as healthcare and finance to flourish.
Second, to fortify Hong Kong’s position as a global financial centre, Hong Kong must not lose out in financial innovations, especially in digital finance. As the only part of China authorised to trade, invest and manage digital assets, Hong Kong should make full use of its mandate to play a greater role in stimulating the cryptocurrency industry.
One million cryptocurrency tokens are created every week, according to Coinbase CEO Brian Armstrong. The frenzy around cryptocurrency shows no sign of abating despite its risks. The government needs to push ahead with suitable relaxation of its regulatory regime to protect investors as well as attract more blockchain talent and cryptocurrency start-ups to Hong Kong.
Finally, innovation is not possible without the necessary talent. The government has tried to bring in talent with more diverse skills since the introduction of an accountability system for key government officials in 2002.
Yet despite further development through creating new positions of deputy directors of bureau and political assistants in 2008, the accountability system has failed to live up to expectations.
Part of the problem stems from the concession the government made to the civil service to preserve their grip on power when the accountability system was expanded in 2008. A 2007 consultation paper states squarely that the new deputy directors and political assistants “have no direct line of command vis-a-vis the permanent secretaries”. They were intended to assist bureau directors in the discharge of political duties, seen at that time as comprising mainly lobbying for legislative support, handling the media and attending events on behalf of bureau directors.
Because of this limitation, many deputy directors were unable to pick up more knowledge of government business or exert control over departments. Those who joined without the relevant professional knowledge or background were particularly weak and disadvantaged.
The world is changing so rapidly that more forward-thinking leaders with up-to-date technological know-how, international experience and political skills are necessary to assist the chief executive to implement reform and stay competitive. All governments need reinforcement and, from time to time, a shake-up.
While a sweeping, Trump-style Department of Government Efficiency might be counterproductive, an appropriate dose of creative disruption at this critical time would do the government much good.
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香港發展醫療產業有優勢嗎?(二)/ Does Hong Kong Have Advantages in Developing the Medical Industry? (Part 2)
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我在去年12 月到泰國旅遊, 同行的年輕人在旅遊途中進行了一次體檢。她在Instagram 上看到泰國康民國際醫院(Bumrungrad International Hospital)的資訊,說是設備完善的龍頭醫院,體檢套餐只需約22,300 泰銖(大約5000 港元),相比起香港同類的體檢大約要花費13,000 港元,泰國便宜得多,因此,「旅遊體檢」在泰國相當受歡迎。
泰國康民國際醫院是由我的行會前同僚陳智思先生的家族經營。體檢當天,他安排醫院同事帶我參觀這家佔地70,262 平方米的醫院,分別提供門診、住院治療、專科及手術等不同服務。我留意到,這家醫院的顧客來自世界各地。為了便利來自世界各地的顧客,醫院僱用了超過100 位專職國際語言的翻譯人員,並且與泰國移民局合作,每周都會有官員到醫院為持有醫生醫療證明的病人和家屬辦理簽證延期。膳食方面,醫院提供各種菜式,醫院附近亦有不少清真餐廳供中東顧客選擇。
回說香港,香港因為土地昂貴,難以興建像泰國康民國際醫院那樣的大型醫院。雖然特區政府曾於2009 年預留4 幅土地用於發展私營醫院,但也只有兩幅土地成功建成港怡醫院及香港中文大學醫院。
中文大學醫院行政總裁馮康醫生曾向我表示,他期望該院能夠提供廣大市民可負擔的中價醫療服務,藉以減輕公營醫療體系的負擔。聽起來這是很好的模式,可是新冠疫情對該院構成沉重的財政壓力,3 年來求診人數低迷。在醫療成本高、使用率低的困局下,中文大學醫院至今未能向特區政府償還數十億的貸款,可見要在土地供應不足、營運成本昂貴的香港發展醫療產業,相當困難。
Does Hong Kong Have Advantages in Developing the Medical Industry? (Part 2)
During my trip to Thailand in December last year, one of the young people in my group underwent a medical check-up while traveling. She came across information about Bumrungrad International Hospital on Instagram, describing it as a well-equipped leading hospital where a medical check-up package costs only about 22,300 Thai Baht (approximately 5,000 Hong Kong dollars), which is much cheaper compared to similar check-ups in Hong Kong, which cost around 13,000 Hong Kong dollars. Therefore, "tourist check-ups" are quite popular in Thailand.
Bumrungrad International Hospital in Thailand is operated by the family of my former colleague, Mr. Bernatd Charnwut Chan. On the day of the check-up, he arranged for a hospital staff member to give me a tour of this hospital spanning 70,262 square meters, offering various services such as outpatient care, inpatient treatment, specialties, and surgeries. I noticed that the hospital's clientele comes from all over the world. To facilitate customers from around the globe, the hospital employs over 100 full-time international language translators and collaborates with the Thai Immigration Bureau, with officials visiting the hospital weekly to assist patients and their families holding medical certificates with visa extensions. Regarding meals, the hospital offers a variety of dishes, and there are also many Halal restaurants near the hospital for Middle Eastern customers to choose from.
Speaking of Hong Kong, due to expensive land prices, it is challenging to build large hospitals like Bumrungrad International Hospital in Thailand. Although the SAR government reserved four plots of land in 2009 for the development of private hospitals, only two plots have been successfully developed into Hong Kong Baptist Hospital and the Chinese University Hospital.
Dr. Fung Hong, the CEO of the Chinese University Hospital, once told me that he hopes the hospital can provide affordable mid-priced medical services to the general public to alleviate the burden on the public healthcare system. While this sounds like a good model, the COVID-19 pandemic has placed significant financial pressure on the hospital, with low patient numbers over the past three years. In the face of high medical costs and low utilization rates, the Chinese University Hospital has yet to repay the tens of billions in loans to the SAR government. It is evident that developing the medical industry in Hong Kong, with limited land supply and high operating costs, is quite challenging.
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