刘光源特派员在“愿景2030聚焦法治”国际论坛上的致辞

治国重器，善治良方

——刘光源特派员在愿景2030聚焦法治国际论坛上的致辞

（5月26日上午，香港会展中心）

 

尊敬的林郑月娥行政长官，

各位嘉宾、各位朋友，女士们、先生们：

 

大家上午好！很高兴出席愿景2030聚焦法治国际论坛。我谨代表外交部驻港公署对论坛召开表示热烈祝贺！

 

再过不久，香港将迎来回归祖国25周年的喜庆日子。在此重要节点，我们一起“聚焦”法治、研讨法治，很有意义。抚今追昔，我们深刻感悟到，“一国两制”事业始终沿着法治轨道展开，法治是“一国两制”的“香港号”破浪前行的重要“稳定锚”和“动力源”。未来，“一国两制”航船行稳致远、香港保持繁荣稳定仍需法治的有力护持。

 

——确保香港长治久安，需筑牢法治之基。过去两年，面对香港出现回归以来最严峻的局面，中央坚持依法治港，运用宪法和基本法赋予的权力，连续就香港国安立法、完善特区选举制度等出台决定和立法，填补重大法律漏洞，推动香港实现由乱到治，有力彰显宪法和基本法对“一国两制”实践正本清源、拨乱反正的重要作用。宪法和基本法共同构成香港特别行政区的宪制基础。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。

 

——提升香港治理水平，需遵循法治之道。法治是香港繁荣稳定的重要基石。一段时间，香港“反中乱港”活动猖獗，民生困顿、社会失序、法治蒙辱，更加凸显出法律与秩序的弥足珍贵。正如习近平主席所指出，“没有和谐稳定的环境，怎会有安居乐业的家园！”未来，只有弘扬法治精神，坚持“法律面前人人平等”；捍卫法治秩序，践行“有法必依、违法必究”；强化法律实施，健全与法律实施相关制度和机制，特区依法治理水平才能不断提升，特区繁荣稳定才能得以长期保持。

 

——巩固香港竞争优势，需发挥法治之力。回归后，香港普通法特色得到保留，法治全球排名大幅跃升。法治成为香港优化营商环境、巩固国际金融中心地位的重要支撑，也是香港融入国家发展大局的重要纽带。这些年国家不断加大法律领域惠港利港举措，“十四五”规划纲要提出支持香港建设亚太区国际法律及解决争议服务中心，大湾区扩大法律事务开放，拓展与香港法律合作空间。相信在国家政策大势驱动下，香港法治优势必将进一步彰显，有力推动香港在融入国家发展大局进程中实现更好发展。

 

各位嘉宾、各位朋友，

 

法治是香港长期珍视的核心价值，也是全体中国人民及世界各国人民的不懈追求，它与我们每个人的生活都息息相关。法治对我们有何重要意义？我们应该如何认识和践行法治？我愿再同各位分享几点看法。

 

第一，法治丰富人类文明。法者，治之端也。古今中外，国家的兴盛、民族的振兴无不以法治为依凭。世界各国扎根自身生存土壤，开拓各具特色的法治发展道路，创造了丰富多彩、姹紫嫣红的人类法治文明。讲究仁爱、和合的中华文化发展出“隆礼重法”、“德主刑辅”的中华法系，蔚为大观的《唐律疏议》成为代表性法典。贸易活动频繁的地中海地区，催生出商品交换规则发达、以民商法见长的罗马法。大陆法系和普通法系分别通过体系庞大、逻辑严密的法典，或不断累积丰富的判例，确定法律准绳，体现各具特色的法治传统。

 

每一种法治文明都凝聚着一个国家、一个民族的非凡智慧和精神追求。法治没有最优模式，也没有“标准版本”，只有适合自己的才是最好的。各国应该坚持走适合自己的法治道路，同时借鉴其他国家法治有益成果，加强法治交流互鉴，共同书写人类文明的“法治华章”。

 

第二，法治保障“中国之治”。奉法者强，则国强，“循法而行，依法而治”已成为新时代中国的重要标志：中国《民法典》编纂实施，立法机关收集100多万条民众的立法意见，使这份“新时代人民权利宣言书”成色十足，实现“民”与“法”相融、法治为民。外商投资法、乡村振兴促进法、长江保护法等法律相继出台，为善治奠定良法根基，护佑开放、繁荣、美丽的中国。中央政府部门减少行政审批600余项，行政权力不断“瘦身”，市场活力持续“加分”，中国法治政府建设换挡提速。1亿3000万篇中国各级法院的判决上载“中国裁判文书网”，司法公开有力推进，公平正义更加可见可感。

 

法治是治国理政的基本方式。习近平主席指出，“依法治理是最可靠、最稳定的治理”。中国坚持在习近平法治思想的引领下，沿着法治轨道推进国家治理体系和治理能力现代化，不断深化全面依法治国实践，为民族复兴构筑法律保障，为“中国之治”奠定法治基石。

 

第三，法治维护国际正义。国家间和平相处离不开规则框架。当今世界，国际法治仍面临严峻挑战。有的国家口口声声要维护“以规则为基础的国际秩序”，实则对国际法合则用、不合则弃，把“家法”“帮规”强加给国际社会，借规则之名、行霸权之实。有的国家打着“多边主义”旗号，却屡屡毁约退群，滥施没有国际法依据的单边制裁，大搞脱钩、断供、极限施压，借多边之名、行单边之实。有的国家以“民主”为幌子，召集所谓“民主峰会”，“拉一派、打一派”，以意识形态划线挑动对立对抗，炮制“民主”对抗“威权”的荒唐叙事，借民主之名、行反民主之实。

 

公平正义的事业需要国际法去维护，和平发展的环境需要国际法去保障。世界各国应该厉行国际法治，维护以联合国为核心的国际体系、以国际法为基础的国际秩序、以联合国宪章宗旨和原则为基础的国际关系基本准则，共同推动国际关系民主化、法治化、合理化。

 

各位嘉宾、各位朋友，

 

今日之中国，正昂首迈步全面建设社会主义现代化国家、向第二个百年奋斗目标进军的新征程，今日之香港，正不断巩固由乱到治的良好局面，奋力开启由治及兴的崭新篇章。香港的命运从来同祖国紧密相连，国家发展始终是香港发展的最大依托。国家新征程引航香港新未来，国家新起点开拓香港新机遇。习近平主席说，“相信自己、相信香港、相信国家”。我们无比坚信，有伟大祖国作坚强后盾，有“一国两制”独特优势，有香港各界人士戮力同心、团结奋进，栉风沐雨后的香港，必将在融入国家发展和民族复兴的伟大进程中绽放更绚丽的光彩！

 

谢谢大家！

Rule of Law: a key to sound governance

 

Speech by Commissioner Liu Guangyuan at

Vision 2030 for Rule of Law International Symposium

 

Hong Kong Convention and Exhibition Center

May 26, 2022

 

The Honorable Chief Executive Carrie Lam,

Distinguished guests,

Friends,

Ladies and gentlemen,

 

Good morning! It gives me great pleasure to join you in the Vision 2030 for Rule of Law International Symposium. On behalf of the Commissioner’s Office of the Chinese Foreign Ministry in the HKSAR, I wish to extend warm congratulations on the symposium!

 

In just one month, Hong Kong will celebrate the 25th anniversary of its return to the motherland. It is very meaningful for us to have a symposium on rule of law at such a special time. Over the past decades, “one country, two systems” has developed on the track of rule of law, and rule of law, in return, has served as an “anchor” and “engine” for the successful implementation of “one country, two systems” in Hong Kong. Looking ahead, to ensure the sustained success of “one country, two systems” and Hong Kong’s prosperity and stability, we must continue to uphold rule of law.

 

Why is rule of law so important for Hong Kong?

 

First, rule of law is a key to maintaining Hong Kong’s lasting stability. When Hong Kong faced the most difficult situation since 1997 over the past two years, the Chinese central government exercised the powers conferred by the Constitution and the Basic Law to adopt the National Security Law and improve Hong Kong’s electoral system. These measures plugged major legal loopholes in the city and helped Hong Kong to transform from chaos to stability, which speak volumes for the vital role of the Constitution and the Basic Law in correcting mistakes in the practice of “one country, two systems”. The Constitution and the Basic Law together form the constitutional basis of the HKSAR. So, to protect rule of law in Hong Kong, we must safeguard the constitutional order established by the Constitution and the Basic Law first. Only when the Constitution and the Basic Law are upheld, can the legal spirit in Hong Kong survive and can “one country, two systems” move forward steadily on the right track.

 

Second, rule of law is a key to improving Hong Kong’s governance. Rule of law is a cornerstone of Hong Kong’s prosperity and stability. However, for quite some time, anti-China destabilizing activities went rampant in Hong Kong and ruined people’s livelihood, public order and rule of law, highlighting the importance of law and order more than ever. President Xi Jinping stressed that “without a harmonious and stable environment, how can people live a peaceful and happy life?” So, we must uphold the legal spirit and the principle of “everyone is equal before law”; we must safeguard the legal order and ensure that laws are enforced and lawbreakers held accountable; and we must strengthen the implementation of law and improve the systems and mechanisms related to law enforcement. That is the way to improve Hong Kong’s law-based administration and ensure its long-term prosperity and stability.

 

Third, rule of law is a key to enhancing Hong Kong’s competitiveness. After 1997, Hong Kong maintained its common law system and the global ranking of its rule of law increased significantly. Today, rule of law is an important pillar for Hong Kong to improve its business environment and cement its role as a global financial center. At the same time, rule of law is also a crucial bond for Hong Kong to integrate into national development. In recent years, the Chinese central government has adopted a host of measures to benefit the HKSAR in the legal field. For example, the 14th Five-Year Plan proposes to support Hong Kong in developing into a center for international legal and dispute resolution services in the Asia-Pacific; the Greater Bay Area has further opened up in the legal sector for closer legal cooperation with Hong Kong. With these national policies, Hong Kong’s legal advantages will be fully leveraged and it will help Hong Kong achieve greater development.

 

Distinguished guests, friends,

 

Rule of law is a core value that Hong Kong has long cherished, as well as an unremitting pursuit of all Chinese people and people all over the world. It has been part of our life. But why is rule of law important for all of us? And how should we understand and practice rule of law? I would like to share with you my answers to these questions.

 

First, rule of law enriches human civilization. Law is the very foundation of governance, and development of all nations in history is based on rule of law. In today’s world, different countries have developed different rule of law that fits their specific national conditions and they together create a diverse legal civilization. The Chinese culture values compassion and harmony, so ancient China developed a Chinese legal system that attaches importance to both “rule of law” and “rule of virtue”. This philosophy can be clearly seen in the Law Code of the Tang Dynasty, or Tang Lv Shu Yi（唐律疏议）.The Mediterranean region had frequent trade activities, so it developed the Roman law that laid emphasis on commodity exchange rules. The civil law and the common law systems are also vivid examples of the diversity of global legal traditions. The Civil Law relies more on legal codes that have tight logic while in the common law, precedents play a more decisive role.

 

Different legal civilizations embody the wisdom and vision of different countries. There is no best model or standard version of rule of law. Only the one that suits you well will serve you well. All countries should develop the rule of law suitable to themselves, and at the same time learn from other countries’ achievements so as to write a splendid legal chapter of human civilization together.

 

Second, rule of law underpins China’s effective governance. A country will make progress only when its laws are enforced. “Rule of law” has become an important symbol of China in the new era. China’s “Civil Code” is a very substantive “Declaration of People’s Rights in the New era”. When drafting the Code, the National People’s Congress solicited more than 1 million opinions from the public, which ensures that China’s rule of law serves the real needs of the Chinese people. What’s more, China has adopted laws such as the Foreign Investment Law, the Rural Revitalization Promotion Law and the Yangtze River Protection Law, laying a solid legal basis for building China into an open, prosperous and beautiful country. The Chinese central government has also cut over 600 items that previously required government review. By doing so, administrative power has been streamlined, market vitality further unleashed, and a rule-of-law government being built more rapidly. Furthermore, over 130 million judgments of Chinese courts at all levels have been uploaded to the China Judgments Online database, which promoted judicial openness, fairness and justice in China.

 

It is widely agreed that rule of law is fundamental to the governance of a country. President Xi Jinping also pointed out that rule of law leads to the most reliable and stable governance. Guided by the Xi Jinping Thought on Rule of Law, China has been promoting the modernization of its system and capacity for governance along the track of rule of law, and advancing law-based governance of the country all the way, which help to build a legal fortress for our national rejuvenation and effective social governance.

 

Third, rule of law safeguards international justice. Peaceful coexistence between countries needs a framework of rules. But in today’s world, international rule of law faces severe challenges. Some countries seek hegemony in the name of protecting rules. For example, they claim to maintain the “rules-based international order”, but in fact apply or discard international law selectively, and impose laws of their own country or their alliances upon others. Some countries pursue unilateralism in the name of multilateralism. For example, they claim to champion multilateralism, but in fact walk away from international agreements and organizations, impose unilateral sanctions without basis in international law, call for decoupling and cutting off supply, and exert extreme pressure against others. Some countries engage in anti-democracy activities in the name of democracy. For example, they claim to promote democracy, but in fact put together a false-flag “democracy summit”, build exclusive blocs to isolate others and incite confrontation based on ideological differences, and hype up the absurd narrative of “democracy” versus “authoritarianism”.

 

International law is of great significance—not only for global fairness and justice, but also for a peaceful development environment. Countries around the world should uphold the international rule of law, the UN-centered international system, the global order based on international law, and the basic norms governing international relations underpinned by the purposes and principles of the UN Charter so as to work for greater democracy, better rule of law and a proper balance in international relations.

 

Distinguished guests, friends,

 

China is on a new journey towards the second centenary goal of building a modern socialist country in all respects; and the HKSAR is further transforming from chaos to stability and sound governance. For Hong Kong, its future is always closely linked to the motherland, and the most solid foundation to its own development is always the national development. On the new journey of China, Hong Kong will certainly enjoy enormous opportunities. President Xi Jinping called for all Hong Kong compatriots to have full confidence in themselves, in Hong Kong and in the country. We firmly believe that with the strong backing of the motherland, the unique advantages of “one country, two systems”, and the joint efforts of people from all walks of life in Hong Kong, the Pearl of the Orient, a city that has gone through wind and rain, will shine more brightly in its integration into national development and national rejuvenation!

 

Thank you all!