CJ highlights 'meaningful' division of authorities - RTHK
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CJ highlights 'meaningful' division of authorities

2026-01-19 HKT 19:30
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  • Andrew Cheung says the SAR's constitutional framework leads to a division of labour. Photo: RTHK
    Andrew Cheung says the SAR's constitutional framework leads to a division of labour. Photo: RTHK
Chief Justice Andrew Cheung said the division of labour among Hong Kong authorities reflects "meaningful constitutional progress".

Speaking at the opening of the Legal Year on Monday, Cheung noted that the SAR's constitutional order is different from Britain's, amid comparisons of the two by some members of the public.

“In the United Kingdom, the constitution is largely unwritten, political in nature, and, crucially, Parliament is supreme. No court can strike down an Act of Parliament. No institution, including the judiciary, has the authority to dictate what Parliament must, or must not enact,” he said.

“Hong Kong's constitutional order is different. Our constitutional framework is written and legal in nature. All public authorities, including the legislature, exercise their powers under the Basic Law, which itself derives from the Constitution. The Basic Law defines the scope and limits of institutional authority.

“Within that framework, the courts are tasked with interpreting and applying the Basic Law with finality. Subject to and within the legal parameters set by the Basic Law itself, it is for the executive to propose legislation where required, and for the Legislative Council to consider and enact it as it deems appropriate.”

Such a framework leads to a constitutional division of labour, he added.

“Even on occasions when consensus between them proves elusive, at least for the time being, the system does not grind to a halt.

“The court's judgement stands as a vindication of the affected individuals' rights and triggers the executive's duty of compliance under the law. As a result, incompatible administrative rules may fall away, and governmental policies and practices may evolve. New measures may emerge to alleviate the position.

“The resulting picture may not be perfect or seamless, but it reflects meaningful constitutional progress.”

Cheung also said the judiciary was deeply saddened by the Wang Fuk Court fire and has taken action to expedite and prioritise legal proceedings arising from the incident.

CJ highlights 'meaningful' division of authorities