‘Separation of powers’ not stipulated in Basic Law

DM Monitoring

HONG KONG: Chief Executive of the Hong Kong Special Administrative Region (HKSAR) Carrie Lam said on Tuesday that according to the Basic Law, the HKSAR is not bestowed the separation of powers.
The executive, legislative and judicial powers enjoyed by the HKSAR are not shared with, but are instead authorized by the central authorities, Lam told a press briefing ahead of an Executive Council meeting, adding that the chief executive is at the core of the executive-led framework.
The HKSAR Basic Law stipulates that the HKSAR is an inalienable part of the People’s Republic of China and a local administrative region enjoying a high degree of autonomy, which is directly under the jurisdiction of the central government, Lam said.
She pointed out that a high degree of autonomy is not a full autonomy. The executive, legislative and judicial powers enjoyed by the HKSAR are granted by the central government. The three organs perform their respective duties, exercise checks and balances, and cooperate with each other, and are ultimately accountable to the central authorities through the chief executive of the HKSAR.
According to the HKSAR Basic Law, the chief executive is accountable to both the central government and the HKSAR, Lam said.
She stressed that the executive-led framework is the core of the implementation of the system authorized by the central authorities in the HKSAR.
Lam said the original meaning of Hong Kong’s constitutional order is crucial to the effective and accurate implementation of “one country, two systems” and ensuring Hong Kong’s long-term prosperity and stability.
She emphasized that the Liberal Studies course in Hong Kong’s secondary education is very important. The content of the teaching materials should be accurate and should not be ambiguous about Hong Kong’s constitutional system.
Lam said that because of inadequate education and promotion, some people mislead and create contradictions either due to limited knowledge or deliberately. That is why there are misunderstandings and disputes about Hong Kong’s constitutional order.
From now on, the HKSAR government must have the courage to say the right thing and right the wrongs, she said.