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根据香港基本法有关行政长官任职的法定要求及我国宪法有关中国公民“爱国义务”的规定,“爱国爱港”应是担任香港特别行政区行政长官的基本法律要件。行政长官人选必须是中国籍的香港永久性居民,其承担“爱国爱港”的义务不仅是道德意义上的,更是一种宪法及法律义务;相对其他香港永久性居民而言,应承担更为严格的“爱国爱港”义务。国外公职人员的任职法律要件中亦有类似规定。该义务不仅体现在参选行政长官候选人的日常言行中,还要通过行政长官任职时的公开宣誓制度、对行政长官不认真履职行为的免职和弹劾制度等,确保行政长官在任期间维护国家利益、保证香港繁荣稳定。
According to the statutory requirements of Hong Kong Basic Law on the appointment of the Chief Executive and the stipulations of our country’s constitution on “patriotic obligations,” “patriotic love of Hong Kong” should be the basic legal requirement of being the Chief Executive of the Hong Kong Special Administrative Region. The Chief Executive must be a Hong Kong permanent resident of Chinese nationality and his obligation to “love the country and love his own country” is not only morally but also a constitutional and legal obligation. Compared to other permanent residents in Hong Kong, Bear more stringent “patriotic love Hong Kong ” obligation. Foreign public officials also hold similar legal requirements. This obligation not only manifests itself in the routine conduct of candidates for election as chief executive, but also through the system of public oaths when the Chief Executive is in office, the dismissal and impeachment system of the Chief Executive who fails to perform his duties conscientiously to ensure that the Chief Executive maintains the state Interests, to ensure Hong Kong’s prosperity and stability.