HK executive-led political system ‘determined by Basic Law’

The Basic Law of Hong Kong clearly spells out the special administrative region’s executive-led political system and its political powers are granted by the central authorities, the central government’s two major offices in charge of Hong Kong affairs said on Monday.

In separate statements, the Hong Kong and Macao Affairs Office of the State Council and the Liaison Office of the Central People’s Government in the Hong Kong SAR pointed out that according to the Basic Law, Hong Kong is a special administrative region of China, with its chief executive, who is appointed by the central government, accountable to the central government and the SAR.

The constitutional document puts the chief executive at the core of the city’s governance system, which illustrates Hong Kong’s political structure is an executive-led system headed by the chief executive, the two offices said.

Under this political structure, Hong Kong’s executive and legislative branches are interrelated in the performance of functions, while the courts of the HKSAR are empowered by the Basic Law to exercise judicial power independently.

Therefore, “separation of powers” never existed in Hong Kong and there should be no gray area of Hong Kong’s political structure, both offices stressed.

The statements echoed Chief Executive Carrie Lam Cheng Yuetngor’s remarks on Sept 2. The city’s leader told reporters that there’s no “separation of powers” in Hong Kong, while education materials in the city should clarify such a point.

Expressing support for Lam in the statement, a spokesperson for HKMAO stressed that the “separation of powers” only applies to a sovereign state, which Hong Kong is clearly not.

Those who are keen on advocating the “separation of powers” intend to expand the legislative and judicial powers and weaken the administrative authority of the chief executive and the SAR government, the spokesperson said.

In this way, they are attempting to challenge the constitutional order of Hong Kong and turn it into an independent political entity. “Now it is time to rectify the situation and right the wrongs,” the spokesman added.

The liaison office in its statement said there is no contradiction between an executive-led system and judicial independence, and that “judicial independence” does not only exist under “separation of powers”.

The United Kingdom, for example, maintains judicial independence, while holding parliamentary sovereignty as a constitutional principle, the spokesperson elaborated.

The Basic Law clearly stipulates that the courts shall exercise judicial power independently, free from any interference. Meanwhile, Hong Kong has consistently ranked among the best in the world in the rule of law index since its return to the motherland in 1997, the liaison office said.