Hao Tiechuan: Hong Kong does not follow separation of powers

(Credit to Takungpao)

Hong Kongʼs legislature, executive branch and judiciary do not have independent and complete power as those in the United States, because Hong Kong is a local political power under Chinaʼs Central Government, said a senior mainland official.

Hao Tiechuan, the director of publicity of the Central Governmentʼs liaison office in Hong Kong, made the remarks in a commentary published in the local newspaper Mingpao. Hao said that Hong Kong adopts the executive dominance system but not Trias Politica model, hence the Chief Executiveʼs legal state is higher than the legislature and has more power than the legislature. China Central Government also enjoys part of Hong Kongʼs legislative power and has sovereignty and governance over Hong Kong.

"If Hong Kong enjoyed the separation of executive, legislative and judicial powers, it would mean that the instructions given to the chief executive by the Central Government would need to be overseen by the legislature and courts [in Hong Kong]," Hao said.

"It is clearly inconsistent with the spirit of the Basic Law."

Mr Hao also quoted former leader of the Communist Party, Deng Xiaoping, as saying the separation of powers did not suit Hong Kong, and should not be used as a gauge to measure the degree of democracy it enjoys. Instead, Hong Kongʼs political system had evolved from the colonial era, where the governorʼs ruling power was also bestowed by a Central Government.