01 Viewpoint: The separation of the three powers in Hong Kong

01 Viewpoint

The separation of three powers refers to the division of three institutions of administrative, legislative and judicial power, and each has its own duties and checks balance of each other. Hong Kong obviously has the separation of three powers.The SAR government headed by the Chief Exercise exercises administrative power, the Legislative Council exercises legislative power, and judicially returns to the SAR Court.Chief Executive Lin Zheng Yue'e did not agree with the separation of three powers, but also acknowledged that the three powers could check and balance each other. For example, the decision of the administrative organs could be challenged by judicial review.

Hong Kong's three powers checks and balance each other

In fact, Chapter 4 of the Basic Law "Political System" can be seen that Hong Kong has three powers (section 1 administrative chief and section of administrative agencies), legislative (section 3 legislature) and judicial (section 4 judicial organs).Article 73 of the Basic Law states that the Legislative Council reviews the fiscal budget and a question of the government's work, which shows that the responsibilities of the administrative department of check -in by the administrative department; Article 85 to ensure that the court conducts independent trials without any interference, and also shows the role of judicial checks and balances.Not only in terms of provisions, in fact, the government proposal has been rejected by the Legislative Council, and examples of losing in judicial review.

Some people oppose the separation of three powers. For the reason, Hong Kong's three powers are not completely equal, but the constitutional order of each place and the form of three powers are different.In the United States, the power of the president is often considered as greater than the other two powers, and the way of bypassing the administrative order of Congress to restrict entryrs; the British parliament is served as the supremacy, and the prime minister Johnson has stopped the parliament to allow the Brexit motion to pass the Brexit motion as soon as possible as soon as possible as soon as possibleIt is also unconstitutional.Therefore, the focus is not that the three powers in Hong Kong are not completely equal, but the Hong Kong Special Administrative Region as a local government, and the form of the separation of the three powers is.

Under administrative leadership and sovereignty

It can be seen from the Basic Law that the constitutional order of Hong Kong is an important principle of administrative leadership, legislative checks and balances, and judicial independence.For example, the power of the Legislative Council has certain limitations. For example, if the draft proposed by the members involves government policies, it must be written by the Chief Executive.There are serious violations of laws or malfeasance and do not resign. The impeachment case is proposed. However, according to Article 73 of the Basic Law, the Central People's Government must be reported to decide.In addition, when the chief executive appointed judges, except for the chief judges of the High Court and the Court of Final Appeal, they did not need to be approved by the Legislative Council.

Another more obvious distinction is that the three powers of the country often constitute sovereignty. For example, the British court ruled that Johnson could not bypass Congress, this is the final decision.However, the three powers of Hong Kong, according to Article 2 of the Basic Law, are awarded by the National People's Congress, which is specifically reflected in the law that the Standing Committee of the National People's Congress can make the law formulated by the Legislative Council in accordance with Article 17 of the Basic Law.It is also binding on the court.These can be said to be the constitutional order of Hong Kong characteristics, which is different from other politics that uses triple powers.

The above -mentioned Hong Kong constitutional order is not only stated in the Basic Law, and it has been working for many years since the return. I believe most Hong Kong people also know.Officials' high -profile opposition to the separation of the three powers is easy to make people think that it is expected that they are negating legislation and judicial power, causing criticism.However, society should also remember that the constitutional order of Hong Kong under one country, two systems is unique, and the duties and relationships of the three powers must be understood to understand.Regardless of the controversy, if it is simple and empty, Hong Kong has or has no three powers, and does not use the provisions of the basic law as the basis of the facts, the dispute can only be in vain.