'Separation of powers talk aimed at HK independence' - RTHK
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'Separation of powers talk aimed at HK independence'

2020-09-07 HKT 22:04
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  • The HKMAO says people who advocate a separation of powers in Hong Kong are seeking to turn the SAR into an independent political entity. File image: Shutterstock
    The HKMAO says people who advocate a separation of powers in Hong Kong are seeking to turn the SAR into an independent political entity. File image: Shutterstock
Beijing says people who claim Hong Kong has a separation of powers are attempting to challenge the constitutional order of the SAR with the aim of turning it into an independent political entity.

After Chief Executive Carrie Lam and Education Secretary Kevin Yeung said last week that there is no separation of powers between the executive, legislature and judiciary, the Bar Association described the claim as "unfounded and inconsistent with the unambiguous provisions of the Basic Law prescribing and delineating the functions of the three branches of government".

Others, including pro-democracy lawmakers, said the city's courts had reaffirmed that Hong Kong does have a separation of powers.

But in a statement on Monday night, the Hong Kong and Macau Affairs Office (HKMAO) said this has never been the case and the matter was already set in stone by Deng Xiaoping in the 1980s.

A spokesman said that while Hong Kong adopts an executive-led model, this doesn't preclude a check-and-balance relationship between the administration and the legislature, as well as judicial independence.

But he added that judicial independence does not mean "judicial dominance" or "judicial supremacy".

The HKMAO said some people in Hong Kong are "trying to confuse the public" by advocating the concept of a separation of powers, adding that their intention is to expand the power of the legislature and the judiciary, undermine the authority of the Chief Executive, reject Beijing's comprehensive jurisdiction over the SAR, and turn Hong Kong into an independent political entity.