第四十一条 在香港特别行政区境内的香港居民以外的其他人,依法享有本章规定的香港居民的权利和自由。

Article 41 Persons in the Hong Kong Special Administrative Region other than Hong Kong residents shall, in accordance with law, enjoy the rights and freedoms of Hong Kong residents prescribed in this Chapter.

第四十二条 香港居民和在香港的其他人有遵守香港特别行政区实行的法律的义务。

Article 42 Hong Kong residents and other persons in Hong Kong shall have the obligation to abide by the laws in force in the Hong Kong Special Administrative Region.

第四章 政治体制 第一节 行政长官

Chapter IV Political Structure Section 1: The Chief Executive

第四十三条 香港特别行政区行政长官是香港特别行政区的首长,代表香港特别行政区。

Article 43 The Chief Executive of the Hong Kong Special Administrative Region shall be the head of the Hong Kong Special Administrative Region and shall represent the Region.

香港特别行政区行政长官依照本法的规定对中央人民政府和香港特别行政区负责。

The Chief Executive of the Hong Kong Special Administrative Region shall be accountable to the Central People's Government and the Hong Kong Special Administrative Region in accordance with the provisions of this Law.

第四十四条 香港特别行政区行政长官由年满四十周岁,在香港通常居住连续满二十年并在外国无居留权的香港特别行政区永久性居民中的中国公民担任。

Article 44 The Chief Executive of the Hong Kong Special Administrative Region shall be a Chinese citizen of not less than 40 years of age who is a permanent resident of the Region with no right of abode in any foreign country and has ordinarily resided in Hong Kong for a continuous period of not less than 20 years.

第四十五条 香港特别行政区行政长官在当地通过选举或协商产生,由中央人民政府任命。

Article 45 The Chief Executive of the Hong Kong Special Administrative Region shall be selected by election or through consultations held locally and be appointed by the Central People's Government.

行政长官的产生办法根据香港特别行政区的实际情况和循序渐进的原则而规定,最终达至由一个有广泛代表性的提名委员会按民主程序提名后普选产生的目标。

The method for selecting the Chief Executive shall be specified 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 ultimate aim is the selection of the Chief Executive by universal suffrage upon nomination by a broadly representative nominating committee in accordance with democratic procedures.

行政长官产生的具体办法由附件一《香港特别行政区行政长官的产生办法》规定。

The specific method for selecting the Chief Executive is prescribed in Annex I "Method for the Selection of the Chief Executive of the Hong Kong Special Administrative Region".

第四十六条 香港特别行政区行政长官任期五年,可连任一次。

Article 46 The term of office of the Chief Executive of the Hong Kong Special Administrative Region shall be five years. He or she may serve for not more than two consecutive terms.

第四十七条 香港特别行政区行政长官必须廉洁奉公、尽忠职守。

Article 47 The Chief Executive of the Hong Kong Special Administrative Region must be a person of integrity, dedicated to his or her duties.

行政长官就任时应向香港特别行政区终审法院首席法官申报财产,记录在案。

The Chief Executive, on assuming office, shall declare his or her assets to the Chief Justice of the Court of Final Appeal of the Hong Kong Special Administrative Region. This declaration shall be put on record.

第四十八条 香港特别行政区行政长官行使下列职权:

Article 48 The Chief Executive of the Hong Kong Special Administrative Region shall exercise the following powers and functions:

(一)领导香港特别行政区政府;

(1) To lead the government of the Region;

(二)负责执行本法和依照本法适用于香港特别行政区的其他法律;

(2) To be responsible for the implementation of this Law and other laws which, in accordance with this Law, apply in the Hong Kong Special Administrative Region;

(三)签署立法会通过的法案,公布法律;

(3) To sign bills passed by the Legislative Council and to promulgate laws;

签署立法会通过的财政预算案,将财政预算、决算报中央人民政府备案;

to sign budgets passed by the Legislative Council and report the budgets and final accounts to the Central People's Government for the record;

(四)决定政府政策和发布行政命令;

(4) To decide on government policies and to issue executive orders;

(五)提名并报请中央人民政府任命下列主要官员:各司司长、副司长,各局局长,廉政专员,审计署署长,警务处处长,入境事务处处长,海关关长;建议中央人民政府免除上述官员职务;

(5) To nominate and to report to the Central People's Government for appointment the following principal officials: Secretaries and Deputy Secretaries of Departments, Directors of Bureaux, Commissioner Against Corruption, Director of Audit, Commissioner of Police, Director of Immigration and Commissioner of Customs and Excise;and to recommend to the Central People's Government the removal of the above-mentioned officials;

(六)依照法定程序任免各级法院法官;

(6) To appoint or remove judges of the courts at all levels in accordance with legal procedures;

(七)依照法定程序任免公职人员;

(7) To appoint or remove holders of public office in accordance with legal procedures;

(八)执行中央人民政府就本法规定的有关事务发出的指令;

(8) To implement the directives issued by the Central People's Government in respect of the relevant matters provided for in this Law;

(九)代表香港特别行政区政府处理中央授权的对外事务和其他事务;

(9) To conduct, on behalf of the Government of the Hong Kong Special Administrative Region, external affairs and other affairs as authorized by the Central Authorities;

(十)批准向立法会提出有关财政收入或支出的动议;

(10) To approve the introduction of motions regarding revenues or expenditure to the Legislative Council;

(十一)根据安全和重大公共利益的考虑,决定政府官员或其他负责政府公务的人员是否向立法会或其属下的委员会作证和提供证据;

(11) To decide, in the light of security and vital public interests, whether government officials or other personnel in charge of government affairs should testify or give evidence before the Legislative Council or its committees;

(十二)赦免或减轻刑事罪犯的刑罚;

(12) To pardon persons convicted of criminal offences or commute their penalties;

(十三)处理请愿,申诉事项。

and (13) To handle petitions and complaints.

第四十九条 香港特别行政区行政长官如认为立法会通过的法案不符合香港特别行政区的整体利益,可在三个月内将法案发回立法会重议,立法会如以不少于全体议员三分之二多数再次通过原案,行政长官必须在一个月内签署公布或按本法第五十条的规定处理。

Article 49 If the Chief Executive of the Hong Kong Special Administrative Region considers that a bill passed by the Legislative Council is not compatible with the overall interests of the Region, he or she may return it to the Legislative Council within three months for reconsideration. If the Legislative Council passes the original bill again by not less than a two- thirds majority of all the members, the Chief Executive must sign and promulgate it within one month, or act in accordance with the provisions of Article 50 of this Law.

第五十条 香港特别行政区行政长官如拒绝签署立法会再次通过的法案或立法会拒绝通过政府提出的财政预算案或其他重要法案,经协商仍不能取得一致意见,行政长官可解散立法会。

Article 50 If the Chief executive of the Hong Kong Special Administrative Region refuses to sign a bill passed the second time by the Legislative Council, or the Legislative Council refuses to pass a budget or any other important bill introduced by the government, and if consensus still cannot be reached after consultations, the Chief Executive may dissolve the Legislative Council.

行政长官在解散立法会前,须征询行政会议的意见。行政长官在其一任任期内只能解散立法会一次。

The Chief Executive must consult the Executive Council before dissolving the Legislative Council. The Chief Executive may dissolve the Legislative Council only once in each term of his or her office.

第五十一条 香港特别行政区立法会如拒绝批准政府提出的财政预算案,行政长官可向立法会申请临时拨款。如果由于立法会己被解散而不能批准拨款,行政长官可在选出新的立法会前的一段时期内,按上一财政年度的开支标准,批准临时短期拨款。

Article 51 If the Legislative Council of the Hong Kong Special Administrative Region refuses to pass the budget introduced by the government, the Chief Executive may apply to the Legislative Council for provisional appropriations. If appropriation of public funds cannot be approved because the Legislative Council has already been dissolved, the Chief Executive may, prior to the election of the new Legislative Council, approve provisional short-term appropriations according to the level of expenditure of the previous fiscal year.

第五十二条 香港特别行政区行政长官如有下列情况之一者必须辞职:

Article 52 The Chief Executive of the Hong Kong Special Administrative Region must resign under any of the following circumstances:

(一)因严重疾病或其他原因无力履行职务;

(1) When he or she loses the ability to discharge his or her duties as a result of serious illness or other reasons;

(二)因两次拒绝签署立法会通过的法案而解散立法会,重选的立法会仍以全体议员三分之二多数通过所争议的原案,而行政长官仍拒绝签署;

(2) When, after the Legislative Council is dissolved because he or she twice refuses to sign a bill passed by it, the new Legislative Council again passes by a two-thirds majority of all the members the original bill in dispute, but he or she still refuses to sign it;

(三)因立法会拒绝通过财政预算案或其他重要法案而解散立法会,重选的立法会继续拒绝通过所争议的原案。

and (3) When, after the Legislative Council is dissolved because it refuses to pass a budget or any other important bill, the new Legislative Council still refuses to pass the original bill in dispute.

第五十三条 香港特别行政区行政长官短期不能履行职务时,由政务司长、财政司长、律政司长依次临时代理其职务。

Article 53 If the Chief Executive of the Hong Kong Special Administrative Region is not able to discharge his or her duties for a short period, such duties shall temporarily be assumed by the Administrative Secretary, Financial Secretary or Secretary of Justice in this order of precedence.

行政长官缺位时,应在六个月内依本法第四十五条的规定产生新的行政长官。行政长官缺位期间的职务代理,依照上款规定办理。

In the event that the office of Chief Executive becomes vacant, a new Chief executive shall be selected within six months in accordance with the provisions of Article 45 of this Law. During the period of vacancy, his or her duties shall be assumed according to the provisions of the preceding paragraph.

第五十四条 香港特别行政区行政会议是协助行政长官决策的机构。

Article 54 The Executive council of the Hong Kong Special Administrative Region shall be an organ for assisting the Chief Executive in policy-making.

第五十五条 香港特别行政区行政会议的成员由行政长官从行政机关的主要官员、立法会议员和社会人士中委任,其任免由行政长官决定。行政会议成员的任期应不超过委任他的行政长官的任期。

Article 55 Members of the Executive Council of the Hong Kong Special Administrative Region shall be appointed by the Chief Executive from among the principle officials of the executive authorities, members of the Legislative Council and public figures. Their appointment or removal shall be decided by the Chief Executive. The term of office of members of the Executive Council shall not extend beyond the expiry of the term of office of the Chief Executive who appoints them.

香港特别行政区行政会议成员由在外国无居留权的香港特别行政区永久性居中的中国公民担任。

Members of the Executive Council of the Hong Kong Special Administrative Region shall be Chinese citizens who are permanent residents of the Region with no right of abode in any foreign country.

行政长官认为必要时可邀请有关人士列席会议。

The Chief Executive may, as he or she deems necessary, invite other persons concerned to sit in on meetings of the Council.

第五十六条 香港特别行政区行政会议由行政长官主持。

Article 56 The Executive Council of the Hong Kong Special Administrative Region shall be presided over by the Chief Executive.

行政长官在作出重要决策、向立法会提交法案、制定附属法规和解散立法会前,须征询行政会议的意见,但人事任免、纪律制裁和紧急情况下采取的措施除外。

Except for the appointment, removal and disciplining of officials and the adoption of measures in emergencies, the Chief Executive shall consult the Executive Council before making important policy decisions, introducing bills to the Legislative Council, making subordinate legislation, or dissolving the Legislative Council.

行政长官如不采纳行政会议多数成员的意见,应将具体理由记录在案。

If the Chief Executive does not accept a majority opinion of the Executive Council, he or she shall put the specific reasons on record.

第五十七条 香港特别行政区设立廉政公署,独立工作,对行政长官负责。

Article 57 A Commission Against Corruption shall be established in the Hong Kong Special Administrative Region. It shall function independently and be accountable to the Chief Executive.

第五十八条 香港特别行政区设立审计署,独立工作,对行政长官负责。

Article 58 A Commission of Audit shall be established in the Hong Kong Special Administrative Region. It shall function independently and be accountable to the Chief Executive.

第四章 政治体制 第二节 行政机关

Section 2: the Executive Authorities

第五十九条 香港特别行政区政府是香港特别行政区行政机关。

Article 59 The Government of the Hong Kong Special Administrative Region shall be the executive authorities of the Region.

第六十条 香港特别行政区政府的首长是香港特别行政区行政长官。

Article 60 The head of the Government of the Hong Kong Special Administrative Region shall be the Chief Executive of the Region.

香港特别行政区政府设政务司、财政司、律政司和各局、处、署。

A Department of Administration, a Department of Finance, a Department of Justice, and various bureaux, divisions and commissions shall be established in the Government of the Hong Kong Special Administrative Region.