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Letters | Hong Kong textbooks now get the balance right on separation of powers

  • True separation of powers goes beyond branches of government performing different functions. It implies equality of constitutional power
  • Hong Kong not only lacks this arrangement, but did not have it during the colonial period either

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The Legislative Council complex in Tamar, Admiralty, as seen through water barriers surrounding the building, on July 28. Photo: Nora Tam
I refer to the letter from J. Wong, “The truth about Hong Kong’s separation of powers” (September 4). The writer strongly disagreed with the recent removal of the term “separation of powers” from Hong Kong’s liberal studies textbooks. I beg to differ.

The writer has an oversimplified understanding of the term, taking the fact that the judicial, legislative and executive branches are independent departments to be proof that there has always been a separation of powers in Hong Kong. Rather, separation of powers represents a constitutional balance of power.

As the Encyclopaedia Britannica puts it, “the sanction of all three branches is required for the making, executing, and administering of laws.” Thus, the separation of powers entails not only the literal division of bureaus, but also the independence of powers and equality of constitutional power.

Contrary to the writer’s belief, this kind of balance has never existed in Hong Kong. Before the handover, the British-appointed governor could nominate numerous members to the Legislative Council. While this arrangement favoured the passing of laws, it significantly hindered the legislature’s power to regulate the government.

Governor Sir Edward Youde opens the 1985-86 session of the Legislative Council in the new Legislative Council Chamber in Central on October 30, 1985. The first-ever elections to the council were held that year, but 22 members were still appointed by the governor. Photo: SCMP
Governor Sir Edward Youde opens the 1985-86 session of the Legislative Council in the new Legislative Council Chamber in Central on October 30, 1985. The first-ever elections to the council were held that year, but 22 members were still appointed by the governor. Photo: SCMP

Even after the establishment of the Hong Kong special administrative region, the executive still has the upper hand, given its power to draft laws and policies, as senior Beijing adviser Lau Siu-kai has pointed out. Thus, whereas the letter writer asserted that Hong Kong has “always been run on the ‘separation of powers’ model”, this has never been the case.

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