Carrie Lam does not respect Hong Kong judiciary

Report by : Gan Yung Chyan, KUCINTA SETIA

Hong Kong Chief Executive Carrie Lam Cheng Yuet-ngor said this morning (1 September 2020) that there is no separation of powers in Hong Kong. She met with reporters before attending the executive meeting this morning, describing the relationship between the three powers as performing their duties, cooperating with each other, and checking and balancing. In the past, the public did not clearly or misunderstood this issue. In response, Citizens Party member of the legislative council Guo Rongkeng responded in the afternoon that the separation of powers is an important constitutional principle behind the common law, criticizing Carrie Lam’s remarks ridiculous.

On Carrie's disrespect of the Hong Kong judiciary, Guo Rongkeng commented, "Is it because she turned her head, or is it that other people have not understood? I believe the public sees it clearly", describing the situation as similar to the earlier Article 22 of the Basic Law, that is, "the past understanding is different from today's understanding."

Guo Rongkeng said that the "Prohibition of Face Masking Act" case will be heard in the Court of Final Appeal at the end of November. He said that the separation of powers is an important argument in the case. He believe the Final Court will have the latest and most authoritative statement on the separation of powers by then. He believes that the judge of the Court of Final Appeal "will not be affected by Carrie Lam's biased and unfounded remarks" and will judge the case in accordance with the principles deemed correct by the judge.

Guo Rongkeng believes that the deletion or modification of the separation of powers in the new textbook is a "political move." He said that in the past, courts, scholars and legal circles at all levels have always adhered to the principle of separation of powers, and quoted a 2018 article by Hongyi Chen, a professor at the School of Law of Hong Kong University and a member of the Basic Law Committee, pointing out that Hong Kong courts cited the separation of powers as the basis behind the Basic Law.  He also cited the 2011 Congo case and other judgments, pointing out that in the past, the courts used the principle of separation of powers in human rights cases, cases related to the Hong Kong government, and in determining whether the law is constitutional.

Source : Ming Pao

Ref: https://news.mingpao.com/ins/%e6%b8%af%e8%81%9e/article/20200901/s00001/1598944296141/%e9%83%ad%e6%a6%ae%e9%8f%97-%e4%b8%89%e6%ac%8a%e5%88%86%e7%ab%8b%e7%82%ba%e9%87%8d%e8%a6%81%e6%86%b2%e5%88%b6%e5%8e%9f%e5%89%87-%e6%89%b9%e6%9e%97%e9%84%ad%e3%80%8c%e6%b8%af%e7%84%a1%e4%b8%89%e6%ac%8a%e5%88%86%e7%ab%8b%e3%80%8d%e8%ab%96%e4%b8%8d%e5%b0%8a%e9%87%8d%e5%8f%b8%e6%b3%95%e6%a9%9f%e9%97%9c