Teresa Cheng Moves To Clarify Separation Of Powers

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2020-09-05 HKT 12:40

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  • The Justice Secretary, Teresa Cheng, says people should look at the substance of the system to avoid unnecessary disputes. File photo: RTHK

    The Justice Secretary, Teresa Cheng, says people should look at the substance of the system to avoid unnecessary disputes. File photo: RTHK

The Justice Secretary, Teresa Cheng, has become the latest top official to wade into the row over whether there's a "separation of powers" in Hong Kong -- saying the system here is clearly based on an executive-led structure.

Cheng took to her official blog on Saturday to explain Hong Kong's constitutional order, noting there had been extensive discussions in the past week over the SAR's political structure.

The Education Secretary, Kevin Yeung, first made the assertion on Monday that Hong Kong has no separation of powers while defending changes to school textbooks about the concept.

A day later the Chief Executive, Carrie Lam, backed up Yeung's remarks, saying there was no mention of such a thing in the Basic Law.

However, individuals and groups, such as the Bar Association, have challenged those statements, saying they're inconsistent with unambiguous provisions of the city's mini-constitution.

Cheng wrote that the concept of separation of powers connotes different interpretations.

She said that instead of focussing on the label, people should look at the substance of the system to avoid unnecessary disputes.

Cheng said the executive, legislature and judiciary perform their functions in a complementary way under an executive-led system in accordance with the Basic Law.

Cheng added that concerns about judicial independence were totally unfounded, because the Basic Law safeguards the exercise of judicial power without interference.

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