Judiciary has rightful role as the 'auditor of legality'

Tsinghua University recently set up a research centre for the study of Hong Kong and Macau affairs in Shenzhen. The opening ceremony was attended by many prominent mainland academics, including some from the legal field.

On that occasion, they took the opportunity to offer advice to the new administration in Hong Kong that is due to take office on July 1.

One opinion was that there is 'too much' separation of powers in Hong Kong; that the judiciary takes on a too-prominent role in running Hong Kong at the expense of an executive-led government; and that it was wrong to allow a private citizen to initiate judicial review proceedings which delayed a national infrastructure project for a few months.

Under 'one country, two systems', the former must unreservedly trump the latter, according to this thinking. The Hong Kong people are reminded that the high degree of autonomy, which we enjoy under the Basic Law, is only at the suffrage of Beijing.

We are no strangers to this kind of rhetoric from mainland officials and legal academics. Over the years, the makers of these statements have become much more outspoken. Some statements are dressed up as legal theories and doctrines. No doubt they are voiced in an attempt to influence the governance of Hong Kong.

In recent years, Hong Kong professionals from all disciplines have been invited to attend national study courses in mainland universities to learn and understand more about these theories and doctrines. Mainland officials clearly believe that adults should also not be immune from national education of this sort.

Some may feel that these doctrines would slowly become an inevitable reality in the not-too-distant future.