論香港特別行政區立法權的性質與特徵

A Discussion on the Nature and Characteristics of the Legislative Power of the Hong Kong Special Administrative Region

香港特別行政區（以下簡稱“香港特區＂）立法權的性質與特徵，是香港立法體制研究中的基礎與核心問題，以往學界沒有重視它，走進了一些認識誤區，當前需要加強研究並消除有關誤解。經研究，可獲得如下結論：一是香港特區立法權屬於地方立法權，雖然它的立法權限很大，但不享有主權權力，與聯邦制國家的成員單位的立法權性質有根本差異；二是香港特區立法權大致上可歸為自治立法權範疇，它與中國普通行政區域所享有的一般地方立法權有本質差別，在自治權的權量上也大大超過民族自治地區；三是特別行政區立法權不屬於行政立法權，而是屬於典型的議會立法權，回歸前後其性質已經發生了根本轉變；四是香港特區立法權是單一層級的，目前不會增加層級，而且呈現明顯的單極化特徵，即香港沒有所謂的政府立法權；五是香港特區立法權經由基本法和本地法律的塑造，日臻成熟和穩定，表現為立法權集中統一、立法理念先進、立法程序民主、立法技術科學等四個方面。今後系統性地研究香港立法體制，是確有必要的。

The nature and characteristics of the legislative power of the Hong Kong Special Administrative Region (HKSAR) are the basic and central problems in the study of it's legislative system. However, there have been quite a few misconceptions in this field that have not been given enough attention by the academic until now. Therefore it is necessary to strengthen the research and eliminate the miscomprehensions. According to this research, we can obtain the following conclusions: Firstly, the HKSAR legislative power belongs to the local legislative power. Though its scope is very broad, it can not be considered as one kind of sovereign power, which is essentially different from the legislative power of a federal member. Secondly, the HKSAR legislative power generally falls into the category of autonomous legislative power, which differs from the normal legislative power of the average administrative regions such as provinces and municipalities, and is also far beyond the legislation scope of the Ethnic Minority Autonomous Region. Thirdly, the HKSAR legislative power does not belong to the administrative legislative power, but can be classified into typical legislative powers of the parliament. Its nature has fundermentally changed before and after the return. Fourthly, the HKSAR legislative power has a single level structure, and there are no new levels added to it's hierarchy at present. It will be a trend that this power can only be controlled by the parliament, but not moved to the hand of government in the long run. Fifthly, the HKSAR legislative power has been shaped by the basic law and local law, and has turned to be more and more mature and stable, which has been reflected in four aspects such as the centralized and unified legislative power, the advanced legislative idea, the democratic legislative procedure and sophisticated legislation technology. Therefore, it is necessary to take a systematic research on the HKSAR legislative regime in the future.