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背景 Background:

香港回歸後,「一國兩制」方針和《基本法》一直深入民心,但近年各種社會大小事件卻反映香港市民對「一國兩制」和《基本法》的原意、法理、歷史和法例的解讀和看法存在極大分歧,例如「一國兩制」的權力基礎,有「兩制大於一國」和「兩制建基於一國」之爭論;「高度自治」方面,社會一直對「高度」及「自治」存在疑問,在2011年時更出現「城邦論」之說,指出香港高度自治仿如歐洲古代的城邦,其歡迎程度特別在較年輕一代更明顯,更啟發不少新一代跟隨「城邦論」的論述和倡議,發展出違背《基本法》的政治意識形態。隨著社會發展,社會對香港政治體制和《基本法》的爭議有增無減,例如「一帶一路」和「一國兩制」的爭論、「一地兩檢」法理論說、修改立法會《議事規則》違憲辯論、「港獨」倡議違憲之說、內地及香港在「一國兩制」架構下的權責等等,反映出隨著大眾對自身的公民和《基本法》意識不斷提高,不再只著眼於《基本法》的表面內容,反而更著眼於《基本法》深層次的法理及歷史問題。

 

過往國家憲法及《基本法》教育一直並不是國家政策和香港政府政策的重點,但社會現象反映香港市民對「一國兩制」和《基本法》存在差異,有見及此,反映需要加強各個社會團體的憲法和基本法教育,這些都是「一國兩制」實踐的基石,也是全面維護香港法治的應有之義。

 

所以現正是一個再次向群眾推廣《基本法》教育的好時機,望大眾能更深入認識「一國兩制」和《基本法》的法理和歷史,而這也是基金會的成立動力和使命。

Since the reunification of Hong Kong, the "One Country, Two Systems" policy and the Basic Law have been deeply rooted in the hearts of the people. However, in recent years, various social events have reflected that there is a great divergence among Hong Kong citizens in the interpretation and opinions of the original meaning, legal principles, history, and interpretation of the Basic Law. For example, there is a debate on the power basis of "One Country, Two Systems," whether "Two Systems are greater than One Country" or "Two Systems are based on One Country." In terms of "high degree of autonomy," there has been always skepticism about the "high" and "autonomy," and the "city-state theory" emerged in 2011, which pointed out that Hong Kong's high degree of autonomy is similar to the ancient city-states in Europe. The theory has been particularly welcomed by the younger generation, inspiring many new generations to follow the discourse and advocacy of the "city-state theory" and to develop a political ideology that violates the Basic Law. As society continues to develop, controversies over Hong Kong's political system and the Basic Law have increased, such as the disputes over "Belt and Road" and "One Country, Two Systems," the legal theory of "One Place, Two Checks," the debate over the unconstitutional amendment of the Legislative Council's "Rules of Procedure," the unconstitutional advocacy of "Hong Kong independence," and the rights and responsibilities of the mainland and Hong Kong under the "One Country, Two Systems" framework. These controversies reflect that as people's awareness of their citizenship and the Basic Law continues to increase, they no longer just focus on the surface content of the Basic Law but pay more attention to its deep legal and historical issues.

In the past, education on the national constitution and the Basic Law was not a priority of the national and Hong Kong government policies. However, social phenomena reflect that there are differences among Hong Kong citizens in their understanding of "One Country, Two Systems" and the Basic Law. Therefore, it is necessary to strengthen the constitutional and Basic Law education of various social groups, which are the foundation of the practice of "One Country, Two Systems" and the essential meaning of fully maintaining the rule of law in Hong Kong.

Therefore, it is the right time to promote Basic Law education to the public again, and I hope that the public can have a deeper understanding of the legal principles and history of "One Country, Two Systems" and the Basic Law. This is also the motivation and mission of the foundation.

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目標 Purpose:

基金會目標成為一個專長《基本法》教育及研究的非政府、非盈利及非政治的民間機構,負責提供全面及高質的《基本法》教育及研究。根據組織章程,目標包括:

  • 推廣《基本法》教育及研究;

  • 支持「一國兩制」、《基本法》、內地及香港關係、憲法及政府社區治理的相關題目;

  • 推動海外、內地及香港之間的《基本法》研究事項;

  • 提供支持《基本法》教育及研究等相關的活動。

Basic Law Foundation is a non-profit and non-government think tank that specializes in providing high-quality research and educational services regarding the development of Hong Kong Rule of Law, Basic Law, and Constitutional system. According to the article of association,  our aims are

  • Promoting research and education regarding the Hong Kong Basic Law;

  • supporting research projects regarding One Country Two Systems, the Basic Law, Hong Kong-and-mainland China relations, and public governance;

  • supporting research projects in Hong Kong, mainland China and overseas; 

  • providing support to Basic Law research and education programs.

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