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Opinion | Ulterior Motives behind Opposition Camp's refusal to recognize HKSAR political system
HK Current
2020.09.03 11:39
By Athena Kung
In fact, the political system adopted by the HKSAR is executive-led. Under this structure, the executive authorities, legislature and judiciary complement each other, with built-in checks and balances.
In the year of 1840, Hong Kong was occupied by Britain after the Opium War. In accordance with the Sino-British Joint Declaration signed on 19th of December, 1984, the Chinese and British Governments had a hand-over ceremony on 1st of July, 1997, which marked the resumption of sovereignty by China over Hong Kong. Meanwhile, the HKSAR of the PRC was formally established. The Hong Kong Basic Law, which was adopted in April 1990 at the Third Session of the Seventh National People's Congress, formally came into effect. The Basic Law clearly states and defines the specifications as to how the high degree of autonomy as well as the political, economic, cultural and educational systems of the HKSAR to be run.
To comply with the Basic Law, since 1st of July 1997, the Chinese government has been carrying out the basic policies of "One country, Two systems," "administration of Hong Kong by the Hong Kong people" and "a high degree of autonomy" in the HKSAR. Under "One country, Two systems", even though China is a unified country and the mainland practices the socialist system, Hong Kong's previous capitalist system before 1st of July 1997 and way of life has been remaining unchanged for 50 years. To properly implement "administration of Hong Kong by the Hong Kong people", the HKSAR has all along been administering by the Hong Kong people on their own, and the central authorities have never sent officials to the HKSAR to fill any local official posts. To fulfill "a high degree of autonomy", apart from foreign and national defense affairs which should be administered by the central authorities, the HKSAR has fully enjoyed the power to decide all other matters within its autonomous jurisdiction. The central authorities has never interfered in affairs within the scope of autonomy of the HKSAR. All along, the HKSAR government has been making the final decisions on all matters within its autonomous jurisdiction as prescribed in the Basic Law.
Under the political system of the HKSAR, its major organs of power include the Chief Executive, the Government, the Legislative Council and the Court of Final Appeal. The Executive Council assists the Chief Executive in policy-making and advises the Chief Executive on matters relating to the introduction of bills and subsidiary legislation. Being independent agencies, both the Commission Against Corruption and the Audit Commission are directly accountable to the Chief Executive. In accordance with the conditions procedures as prescribed by law, the Chief Executive shall have the power to dismiss the legislative organs whereas the legislative organs shall have the power to impeach the Chief Executive and the administrative organs shall be accountable to the legislative organs. The Chief Executive, administrative and legislative organs shall supervise and cooperate with each other, which is however not the separation of powers as described by the Opposite Camps from time to time.
The Chief Executive of the HKSAR is both the head of the HKSAR and the head of the HKSAR government. His or her dual status enables him or her to have extensive functions and powers. The Chief Executive shall be selected from among residents of the HKSAR by election or through consultations held locally, and be appointed by the Central Government. Thus, the Chief Executive who is appointed by the Chinese Government to manage the HKSAR plays a very superior role in the HKSAR political system.
In short, the Chief Executive is responsible for implementing the Basic Law, signing bills and budgets, promulgating laws, making decisions on government policies and issuing Executive Orders. Article 48 of the Basic Law empowers the Chief Executive a variety of powers and functions:
" Article 48
The Chief Executive of the Hong Kong Special Administrative Region shall exercise the following powers and functions:
(1) To lead the government of the Region;
(2)To be responsible for the implementation of this Law and other laws which, in accordance with this Law, apply in the Hong Kong Special Administrative Region;
(3)To sign bills passed by the Legislative Council and to promulgate laws;
To sign budgets passed by the Legislative Council and report the budgets and final accounts to the Central People's Government for the record;
(4)To decide on government policies and to issue executive orders;
(5)To nominate and to report to the Central People's Government for appointment the following principal officials: Secretaries and Deputy Secretaries of Departments, Directors of Bureaux, Commissioner Against Corruption, Director of Audit, Commissioner of Police, Director of Immigration and Commissioner of Customs and Excise; and to recommend to the Central People's Government the removal of the above-mentioned officials;
(6)To appoint or remove judges of the courts at all levels in accordance with legal procedures;
(7)To appoint or remove holders of public office in accordance with legal procedures;
(8)To implement the directives issued by the Central People's Government in respect of the relevant matters provided for in this Law;
(9)To conduct, on behalf of the Government of the Hong Kong Special Administrative Region, external affairs and other affairs as authorized by the Central Authorities;
(10) To approve the introduction of motions regarding revenues or expenditure to the Legislative Council;
(11)To decide, in the light of security and vital public interests, whether government officials or other personnel in charge of government affairs should testify or give evidence before the Legislative Council or its committees;
(12)To pardon persons convicted of criminal offences or commute their penalties; and
(13)To handle petitions and complaints.
Indeed, the judicial independence plays a vital role to ensure that the acts and policies of the executive and the legislature fully comply with the Basic Law whereas all fundamental rights and freedoms to be enjoyed by all Hong Kong citizens in accordance with the law can be completely safeguarded. However, from the point of view of separation of powers, the relationship between the executive, legislature and judiciary in the HKSAR should be one of mutual-supervision, checks and balances. It is purely a kind of division of work.
The Opposition Camps has been keeping on refusing to recognize the executive leadership role played by the Chief Executive in accordance with the Basic Law. On the other hand, they intentionally and wrongly deny the executive-led political system adopted in the HKSAR so as to weaken the powers, functions and authorities of the Chief Executive. At the same time, they have been trying their best to expand the powers of the Legislative Council. Clearly, the Opposition Camp aims at making a change in the political system of the HKSAR, namely from executive-led to legislative-led in the hope of controlling the whole HKSAR Government once they can obtain more than 35 seats in the Legislative Council Election. Such step is a common strategy adopted in “Colour Revolutions” instigated by the U.S. Government. In reality, the Opposition Camp has been keeping on spreading rumors to provoke the public's hatred towards the Chief Executive so as to crack down the prestige of the executive-led system in the HKSAR and achieve its ultimate goal of Hong Kong Independence.
The author is Barrister-at-law.
The views don't necessarily reflect those of Orange News.
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