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| Lam says the public has the wrong understanding of the Basic Law |
Hong Kong's alternative reality continues with the government pushing through its version of how the city should be governed versus what people have lived with since July 1, 1997.
Yesterday Secretary for Education Kevin Yeung Yun-hung explained that liberal studies textbooks removed references to Hong Kong having a separation of powers between the executive, legislature and judiciary, and that it would be wrong for textbooks to suggest that it does.
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| Yeung says textbooks weren't changed due to political pressure |
He rejected suggestions that the changes were made due to political censorship, and that publishers were not instructed on what should and should not be included.
But he insisted the content be factually accurate, adding the SAR has never had a separation of powers, neither before nor since the handover.
"As a matter of fact, some of the concepts now included in the textbooks are much more accurate than before," he said.
That raised a lot of eyebrows because this totally goes against what Chief Justice Geoffrey Ma Tao-li said back in 2014:
"The Basic Law sets out clearly the principle of the separation of powers between the legislature, the executive and the judiciary, and in quite specific terms, the different roles of the three institutions," he said in a speech.
However, today Chief Executive Carrie Lam Cheng Yuet-ngor defended and reiterated Yeung's statements in her weekly media briefing.
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| The new liberal studies textbooks have amended content |
"There is no separation of powers in Hong Kong, so I fully support the remark made by Secretary for Education, and I fully support him in the textbook consultation services launched. In the process we'll be able to better explain the constitutional order in Hong Kong," she said.
"Every so often someone will make this a topic -- whether there is separation of powers in Hong Kong -- they will cite some well-known persons or judges but there is nothing clearer than the Basic Law," Lam said.
Huh???!!
She added people have the wrong understanding of the Basic Law.
"I have carefully looked at what people from the legal sector said; they are mainly talking about the division of labour, of course in terms of trials and the judicial system, they can act independently," Lam said.
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| Compare the changes to previous liberal studies textbooks |
"This is about the division of labour in terms of their functions under the Basic Law; if you look at the relations amongst the three powers, of course they would perform their duties and carry out their functions, I do agree that there are checks and balances, I can give you a lot of examples."
Are we all talking about the same Basic Law?
Legal sector lawmaker Dennis Kwok Wing-hang remarked that if Lam's interpretation of the Basic Law is that there is no separation of powers, then the rulings by the top court are all wrong, and that the Court of Final Appeal should clearly explain this to everyone.
"The courts have always referred to and relied on the separation of powers as the fundamental principle when it comes to dealing with all kinds of cases, concerning the rights of Hong Kong residents, the constitutionality of legislation, and the legality of executive decisions," he said.
"So, for Carrie Lam as the Chief Executive to now come out and say that there's in fact no separation of powers in Hong Kong is a joke," Kwok said. "It's ludicrous, and it's an offense to the common sense of the Hong Kong people."
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| Kwok says people have not misunderstood the Basic Law |
He dismissed Lam's comment that people misunderstood the Basic Law, and accused the government of changing its stance to please Beijing.
Kwok also cited an article written by Basic Law Committee member Albert Chen Hung-yee in 2018, which said the courts in Hong Kong have stated that the separation of powers is "an important and indispensable constitutional principle embedded in the Basic Law".
Lam and her administration are trying to sow seeds of confusion, perhaps in a bid to justify the need for the national security law? To make Hong Kong lawyers unnecessary? To undermine the Basic Law?
But her audience is highly skeptical of what she and her officials are doing. There has still been no authoritative explanation of how the national security law interfaces with the Basic Law, only that it exists and a separate judicial system is set up to deal with cases -- a small number -- we were constantly told.
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| Chow on the evening she was arrested under the NSL |
One of them, Agnes Chow Ting, went to the Tai Po Police Station today about the extension of her bail. She was asked to give a new statement with regards to her arrest under the national security law, but did not disclose more details to the media three hours after she entered the police station.
Chow has not yet been charged with anything, but has to report back to the police station on December 2, a day before her 24th birthday.
She hopes to celebrate her birthday at home...