法律文本

全国人民代表大会常务委员会关于《中华人民共和国香港特别行政区基本法》附件一第七条和附件二第三条的解释

Interpretation by the Standing Committee of the National People's Congress Regarding Annex I (7) and Annex II (III) to the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China

（2004年4月6日第十届全国人民代表大会常务委员会第八次会议通过）

(Adopted at the 8th Meeting of the Standing Committee of the Tenth National People's Congress on April 6, 2004)

第十届全国人民代表大会常务委员会第八次会议审议了委员长会议关于提请审议《全国人民代表大会常务委员会关于〈中华人民共和国香港特别行政区基本法〉附件一第七条和附件二第三条的解释(草案)》的议案。经征询全国人民代表大会常务委员会香港特别行政区基本法委员会的意见，全国人民代表大会常务委员会决定，根据《中华人民共和国宪法》第六十七条第四项和《中华人民共和国香港特别行政区基本法》第一百五十八条第一款的规定，对《中华人民共和国香港特别行政区基本法》附件一《香港特别行政区行政长官的产生办法》第七条“二00七年以后各任行政长官的产生办法如需修改，须经立法会全体议员三分之二多数通过，行政长官同意，并报全国人民代表大会常务委员会批准”的规定和附件二《香港特别行政区立法会的产生办法和表决程序》第三条“二00七年以后香港特别行政区立法会的产生办法和法案、议案的表决程序，如需对本附件的规定进行修改，须经立法会全体议员三分之二多数通过，行政长官同意，并报全国人民代表大会常务委员会备案”的规定，作如下解释：

At its 8th Meeting, the Standing Committee of the Tenth National People's Congress examined the motion proposed by the Council of Chairmen requesting examination of the Draft Interpretation by the Standing Committee of the National People's Congress Regarding Annex I (7) and Annex II (III) to the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China. Having consulted the Committee for the Basic Law of the Hong Kong Special Administrative Region under the Standing Committee of the National People's Congress, the Standing Committee of the National People's Congress has decided, in accordance with the provisions in Subparagraph (4) of Article 67 of the Constitution of the People's Republic of China and the provisions in the first paragraph of Article 158 of the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China, to make the following interpretation of the provisions in Annex I (7) to the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China, under the Method for the Selection of the Chief Executive of the Hong Kong Special Administrative Region, which reads, "If there is a need to amend the method for selecting the Chief Executives for the terms subsequent to the year 2007, such amendments must be made with the endorsement of a two- thirds majority of all the members of the Legislative Council and the consent of the Chief Executive, and they shall be reported to the Standing Committee of the National People's Congress for approval", and Annex II (III) to the Method for the Formation of the Legislative Council of the Hong Kong Special Administrative Region and its Voting Procedures, which reads, "With regard to the method for forming the Legislative Council of the Hong Kong Special Administrative Region and its procedures for voting on bills and motions after 2007, if there is a need

一、上述两个附件中规定的“二00七年以后”，含二00七年。

1. The phrases "subsequent to the year 2007" and "after 2007" stipulated in the two Annexes mentioned above include the year 2007.

二、上述两个附件中规定的二00七年以后各任行政长官的产生办法、立法会的产生办法和法案、议案的表决程序“如需”修改，是指可以进行修改，也可以不进行修改。

II、 The provisions in the two Annexes mentioned above that "if there is a need" to amend the method for selecting the Chief Executives for the terms subsequent to the year 2007 or the method for forming the Legislative Council and its procedures for voting on bills and motions after 2007 mean that they may be amended or remain unamended.

三、上述两个附件中规定的须经立法会全体议员三分之二多数通过，行政长官同意，并报全国人民代表大会常务委员会批准或者备案，是指行政长官的产生办法和立法会的产生办法及立法会法案、议案的表决程序修改时必经的法律程序。只有经过上述程序，包括最后全国人民代表大会常务委员会依法批准或者备案，该修改方可生效。是否需要进行修改，香港特别行政区行政长官应向全国人民代表大会常务委员会提出报告，由全国人民代表大会常务委员会依照《中华人民共和国香港特别行政区基本法》第四十五条和第六十八条规定，根据香港特别行政区的实际情况和循序渐进的原则确定。修改行政长官产生办法和立法会产生办法及立法会法案、议案表决程序的法案及其修正案，应由香港特别行政区政府向立法会提出。

III、 The provisions in the two Annexes mentioned above that any amendment must be made with the endorsement of a two- thirds majority of all the members of the Legislative Council and the consent of the Chief Executive and shall be reported to the Standing Committee of the National People's Congress for approval or for the record mean the legislative process that must be gone through before the method for selecting the Chief Executive and the method for forming the Legislative Council and its procedures for voting on bills and motions are to be amended. Such amendment shall come into force only if it has gone through the said procedures, including the approval finally given by the Standing Committee of the National People's Congress in accordance with law or the putting on record. The Chief Executive of the Hong Kong Special Administrative Region shall present a report to the Standing Committee of the National People's Congress as regards whether there is a need to make an amendment, and the Committee shall, in accordance with the provisions in Articles 45 and 68 of the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China, make a determination in the light of the actual situation in the Hong Kong Special Administrative Region and in accordance with the principle of gradual and orderly progress. The bills on the amendments to the method for selecting the Chief Executive and the method for forming the Legislative Council and its procedures for voting on bills and motions and the proposed amendments to such bills shall be introduced by the Government of the Hong Kong Special Administrative Region into the Legislative Council.

四、上述两个附件中规定的行政长官的产生办法、立法会的产生办法和法案、议案的表决程序如果不作修改，行政长官的产生办法仍适用附件一关于行政长官产生办法的规定；立法会的产生办法和法案、议案的表决程序仍适用附件二关于第三届立法会产生办法的规定和附件二关于法案、议案的表决程序的规定。

IV、 If no amendment is made to the method for selecting the Chief Executive, the method for forming the Legislative Council and its procedures for voting on bills and motions as stipulated in the two Annexes mentioned above, the provisions relating to the method for selecting the Chief Executive in Annex I will remain applicable to the method for selecting the Chief Executive, and the provisions relating to the method for forming the third term of the Legislative Council in Annex II and the provisions relating to its procedures for voting on bills and motions in Annex II will remain applicable to the method for forming the Legislative Council and its procedures for voting on bills and motions.

现予公告。

It is hereby announced.