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A gentle reminder on separation of powers

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When Vice-President Xi Jinping made a plea for 'mutual understanding and support' among the executive authorities, the legislature and the judiciary during a visit to Hong Kong this month, it understandably caused disquiet in some quarters.

Two days after Mr Xi made the remarks at a meeting with Chief Executive Donald Tsang Yam-kuen and principal officials, the Bar Association issued a statement reiterating Hong Kong's judicial independence.

'The Bar does not attribute to Vice-President Xi any intention to interfere with the independence of our judiciary ... However, the Bar believes it is important to recognise, reiterate and affirm the importance of an independent judiciary,' it said.

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'Unless the judiciary is truly independent, it cannot fulfil its role of ensuring that the government is acting in accordance with the law.' It added that the judiciary should also monitor laws passed by the legislature.

The government has kept silent on the issue. Democrat legislator James To Kun-sun had planned to pin Mr Tsang down at his question-and-answer session in the Legislative Council on Wednesday, but changed his mind.

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After the Legco question time, a well-placed government source urged the media not to read 'conspiracy' into Mr Xi's remarks. The source cited provisions in the Basic Law to argue that judicial independence has been safeguarded.

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