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近两年香港特区立法会藉由提出对法律草案的修正案而拉布,施政举步维艰。本文认为,修正案的提案权乃法案提案权的附属权力,故《基本法》第74条禁止或限制议员提出公法案,则亦意味禁止或限制议员提出相关的修正案。然而回归后《立法会议事规则》并没有根据《基本法》第74条的精神和规定加以调整,复有2007年梁国雄司法复核一案,夏正民法官作出偏差的判决,故议员藉由提出修正案而进行的拉布越演越烈。夏正民法官的判决区分立法启动与立法程序而致使《基本法》第74条与《议事规则》互不相关,亟需澄清。本文建议香港特区政府督促立法会遵照《基本法》第74条修改《议事规则》或由行政长官径行寻求全国人大常委会之解释,以恢复行政主导,杜绝立法会以政治理由进行拉布、瘫痪施政。
In the past two years, the Legislative Council of the HKSAR made its administration difficult by raising an amendment to the draft law. This article argues that the proposal’s right of amendment is an accessory right of the bill. Therefore, Article 74 of the “Basic Law” prohibits or limits the introduction of public law in parliament. It also means that the relevant amendments should be prohibited or restricted. However, after the reunification, the “Rules of Procedure of the Legislative Council” have not been adjusted in accordance with the spirit and provisions of Article 74 of the Basic Law. Repeatedly, in 2007, Justice Leung Kwok-hung reviewed the case and Judge Xia Zhengmin made a deviation judgment. Therefore, The Rabe, played by the amendment, became more and more fierce. The judgment of Judge Xia Zhengmin distinguished between the initiation of the law and the legislative process, which led to the irrelevance of Article 74 of the Basic Law with the Rules of Procedure and the urgent need to clarify. This article suggests that the HKSAR government urge the Legislative Council to amend the “Rules of Procedure” in accordance with Article 74 of the “Basic Law” or seek explanation from the NPC Standing Committee for the restoration of executive direction and put an end to the abduction of political will by the Legislative Council. .