CE speech to come under critisism

Legal sector lawmaker Dennis Kwok Wing-hang said that chief executive Carrie Lam Cheng Yuet-ngor’s claim that Hong Kong has no separation of powers is disrespectful to the judiciary.

Kwok criticized that Lam’s claim means that the previous statements by the Hong Kong Court of Final Appeal are wrong, adding what she said is ludicrous.

Asked about Secretary of Education Kevin Yeung's remarks on removing textbook references about Hong Kong having a separation of powers and Lam endorsing Yeung's comments, Kwok said that it is a political maneuver ordered by Beijing.

Kwok stressed that the separation of powers between the legislature, the executive, and the judiciary is an important constitutional principle under the common law.

‘The legal sector has long been upholding this principle in handling cases, especially when judges deal with cases involving public administrations,‘ Kwok added.

Kwok believed that when the Court of Final Appeal handles the judicial review against the ‘anti-mask law’ in the coming November, the court would rectify such claims, and judges would make unbiased judgments.

Legal scholar from the University of Hong Kong, Johannes Chan Man-mun, also cast doubts on Lam's comments, as he questioned: “How do the three powers check and balance each other if there is no separation of powers?”

“Even Lam had to admit the three powers check and balance each other, I find it hard to understand how the three powers can check and balance each other if they are not separated. No one doubted Hong Kong politics are ‘executive-led’, but it does not mean the executive can perform duties of the legislature and judiciary,” Chan added.

Pro-establishment lawmaker Junius Ho Kwan-yiu, who is also a lawyer, said Lam’s speech was “inspirational”.

“The Basic Law clearly stated that the chief executive heads the SAR, while judges are appointed by the chief executive, bills passed by Legco only take effect after the chief executive signs on it,” Ho said.

“This shows that in terms of the judiciary and the executive, the chief executive has a leading role, therefore the chief executive is undoubtedly leading the judiciary and executive system,” he added.

Democratic Alliance for the Betterment and Progress of Hong Kong lawmaker, Ann Chiang Lai-wan, said there is no separation of powers according to the Basic Law, but many people always said there is separation of powers, which led to misunderstanding in the public.