Critically examine and discuss the separation of powers in the Hong Kong legal system using relevant legislations and case law

?There should be mutual understanding and support amongst the decision maker, the legislative body and the Judiciary institutions.?Xi Jinping Vice-President of the People?s Republic of chinaw ar during his visit to the Hong Kong SAR on July 7th, 2008 made the above statement that take out a raw nerve in the public. In solution to concerns in the fundamentals of Hong Kong?s legal system, Hong Kong Bar link issued a statement to clarify that the judiciary independence is ? securely guaranteed? by the canonical Law, which is to ?remain separate and independent from the executive director and the Legislature? and shall not be ?regarded as a routine of the governance team? (Hong Kong Bar Association, 2008).

This paper examines related Articles of the Basic Law, legislatures and ordinances to understand how the separation of powers comes in to play in Hong Kong SAR and identifies the transaction of the three powers while reviewing relevant cases that have impacted the system.

The sentiment of separation of powers had rooted in Hong Kong from its colonial past scarce it was not until July 1st, 1997 had the system been put into practice with a codified constitution that laid down the legal foundations.



One of the nigh important general principles of the Basic Law is the authorization of the country to maintain a system of executive, legislative and independent legal power (BL 2), which concept is very different from the centralized organisation power of the mainland political system. The structure of the Basic Law provides for the give separation of powers. Under Chapter IV, the provisions for political structure are divided into sections according to the governmental bodies, in which the institutions and power of the executive, legislative and judiciary branches are distinctively outlined.

Headed by the Chief Executive (BL 43), Government is the executive authority of the Hong...

If you want to get a full essay, order it on our website: Ordercustompaper.com



If you want to get a full essay, wisit our page: write my paper