#RulebyLaw #FailedState #1C1S #Brainwashing
Carrie Lam Denies Separation of Powers in Hong Kong: "Power is Authorized by Beijing and Executed by the Chief Executive"
According to Stand News, the term "separation of laws" appeared for over 100 times (149 counts in Chinese and 129 counts in English) in the legal documents and ruling records collected in the Hong Kong legal database. The term was also cited by Chief Justice Geofrey Ma as an important aspect to uphold in Hong Kong.
Nevertheless, the Carrie Lam adminstration has proactively denied the "separation of powers" since August 31, 2020.
• In a press meeting on Sept 1, Carrie Lam said she "fully agreed" with the statement issued by Secretary for Education Kevin Yeung on Aug 31 that “Hong Kong has never enjoyed the separation of powers”.
• Carrie Lam said the Basic Law stated that Hong Kong "only" has a high degree of autonomy, but not full autonomy in executive, legislative and judicial authorities. Lam emphasized that power is not shared with Beijing.
• Carrie Lam said the political structure of the HKSAR is an Executive-led system headed by the Chief Executive (CE).
• Executive authorities, the legislature and the judiciary have their respective powers and responsibilities to maintain the system of check and balance. However, Lam reiterated that all these divisions have to report to the CE who then makes reports to Beijing.
• Carrie Lam called the idea of Hong Kong enjoying the separation of powers "wrong" and "inadequate". Lam accused "some people" of having "limited capacity to comprehend" and "intentions to misguide and create conflicts".
Source: InMedia; Stand News #Sept1
https://bit.ly/2QJexkA
https://bit.ly/32JQXJX
#SeparationOfPowers #CarrieLam #Totalitarianism
Carrie Lam Denies Separation of Powers in Hong Kong: "Power is Authorized by Beijing and Executed by the Chief Executive"
According to Stand News, the term "separation of laws" appeared for over 100 times (149 counts in Chinese and 129 counts in English) in the legal documents and ruling records collected in the Hong Kong legal database. The term was also cited by Chief Justice Geofrey Ma as an important aspect to uphold in Hong Kong.
Nevertheless, the Carrie Lam adminstration has proactively denied the "separation of powers" since August 31, 2020.
• In a press meeting on Sept 1, Carrie Lam said she "fully agreed" with the statement issued by Secretary for Education Kevin Yeung on Aug 31 that “Hong Kong has never enjoyed the separation of powers”.
• Carrie Lam said the Basic Law stated that Hong Kong "only" has a high degree of autonomy, but not full autonomy in executive, legislative and judicial authorities. Lam emphasized that power is not shared with Beijing.
• Carrie Lam said the political structure of the HKSAR is an Executive-led system headed by the Chief Executive (CE).
• Executive authorities, the legislature and the judiciary have their respective powers and responsibilities to maintain the system of check and balance. However, Lam reiterated that all these divisions have to report to the CE who then makes reports to Beijing.
• Carrie Lam called the idea of Hong Kong enjoying the separation of powers "wrong" and "inadequate". Lam accused "some people" of having "limited capacity to comprehend" and "intentions to misguide and create conflicts".
Source: InMedia; Stand News #Sept1
https://bit.ly/2QJexkA
https://bit.ly/32JQXJX
#SeparationOfPowers #CarrieLam #Totalitarianism
#PoliticalOppression #Totalitarianism #SeparationofPowers
Hong Kong Government Propagates China's Interpretation of the "Three Powers" and Erases Past Sayings
Source: Apple Daily; Stand News #Sept1
Read more
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https://t.me/guardiansofhongkong/24819
Hong Kong Government Propagates China's Interpretation of the "Three Powers" and Erases Past Sayings
Source: Apple Daily; Stand News #Sept1
Read more
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https://t.me/guardiansofhongkong/24819
#PoliticalOppression #Totalitarianism #SeparationofPowers
Hong Kong Government Propagates China's Interpretation of the "Three Powers" and Erases Past Sayings
The “Separation of Powers” points to the separation of the Executive branch, the Legislature and the Judiciary. According to Article 64 in Hong Kong's Basic Law, the executive organisation should be under the supervision of legislative organisation. Hong Kong's Chief Justice Geofrey Ma clearly stated in 2014: "The Basic Law sets out clearly the principle of the separation of powers between the legislature, the executive and the judiciary."
Beijing, however, perceived the "three powers" very differenly when compared to the conception of the "separation of powers" in Hong Kong.
In 2008, Chinese Communist Party leader Xi Jinping proposed the “cooperation of 3 powers”, which is the opposite of the "separation of powers". Then-Chief Justice of Hong Kong Andrew Li Kwok-Nang denounced the idea.
During the anti-ELAB movement in 2019, Han Zheng, the vice-premier of the PRC's State Council, claimed that the "three powers had the responsibilities to stop the riot". The claim was immediately disproved by Geoffrey Ma, the Chief Justice of the Court of Final Appeal in Hong Kong.
Next to the theory of “3 Powers cooperation”, Zhang Xiaoming, former director of the Hong Kong and Macau Affairs Office, once claimed that the Chief Executive had supreme power over the "3 powers".
Following these sayings in recent years, the pro-Beijing camp and Chinese-stated own media continuously whitewashed the population's valorization of the separarion of powers, by claiming that “Hong Kong never enjoys the separation of powers" and that "Hong Kong is running on a executive-led system".
Source: Apple Daily; Stand News #Sept1
https://bit.ly/32JQXJX
Hong Kong Government Propagates China's Interpretation of the "Three Powers" and Erases Past Sayings
The “Separation of Powers” points to the separation of the Executive branch, the Legislature and the Judiciary. According to Article 64 in Hong Kong's Basic Law, the executive organisation should be under the supervision of legislative organisation. Hong Kong's Chief Justice Geofrey Ma clearly stated in 2014: "The Basic Law sets out clearly the principle of the separation of powers between the legislature, the executive and the judiciary."
Beijing, however, perceived the "three powers" very differenly when compared to the conception of the "separation of powers" in Hong Kong.
In 2008, Chinese Communist Party leader Xi Jinping proposed the “cooperation of 3 powers”, which is the opposite of the "separation of powers". Then-Chief Justice of Hong Kong Andrew Li Kwok-Nang denounced the idea.
During the anti-ELAB movement in 2019, Han Zheng, the vice-premier of the PRC's State Council, claimed that the "three powers had the responsibilities to stop the riot". The claim was immediately disproved by Geoffrey Ma, the Chief Justice of the Court of Final Appeal in Hong Kong.
Next to the theory of “3 Powers cooperation”, Zhang Xiaoming, former director of the Hong Kong and Macau Affairs Office, once claimed that the Chief Executive had supreme power over the "3 powers".
Following these sayings in recent years, the pro-Beijing camp and Chinese-stated own media continuously whitewashed the population's valorization of the separarion of powers, by claiming that “Hong Kong never enjoys the separation of powers" and that "Hong Kong is running on a executive-led system".
Source: Apple Daily; Stand News #Sept1
https://bit.ly/32JQXJX
#1C1S #SeparationofPowers
Beijing Loyalist Cojoins Carrie Lam: No separation of powers in Hong Kong
Jasper Tsang Yuk-sing is the former president of LegCo and the founding member of the pro-Beijing party DAB in Hong Kong. Tsang joined the debates about "separation of powers" by supporting Chief Executive Carrie Lam and Secretary for Education Kelvin Yeung Yun-hung. Tsang said their ”no separation of powers” statement was "consistent with common knowledge".
Tsang also claimed that the Hong Kong system was different from the US referring to the ”separation of powers", and thus it was inaccurate to consider the “separation of powers” as an essential part of democracy.
He said Hong Kong has already “moved forward”, compared with the time before the handover, giving an example that Basic law clearly states officers can’t be lawmakers concurrently after 1997, which was once legitimate.
Source: Cupid Producer #Sept4
#Totalitarianism #RuleByLaw #FailedState #JasperTsang #CarrieLam #KelvinYeung
Beijing Loyalist Cojoins Carrie Lam: No separation of powers in Hong Kong
Jasper Tsang Yuk-sing is the former president of LegCo and the founding member of the pro-Beijing party DAB in Hong Kong. Tsang joined the debates about "separation of powers" by supporting Chief Executive Carrie Lam and Secretary for Education Kelvin Yeung Yun-hung. Tsang said their ”no separation of powers” statement was "consistent with common knowledge".
Tsang also claimed that the Hong Kong system was different from the US referring to the ”separation of powers", and thus it was inaccurate to consider the “separation of powers” as an essential part of democracy.
He said Hong Kong has already “moved forward”, compared with the time before the handover, giving an example that Basic law clearly states officers can’t be lawmakers concurrently after 1997, which was once legitimate.
Source: Cupid Producer #Sept4
#Totalitarianism #RuleByLaw #FailedState #JasperTsang #CarrieLam #KelvinYeung
#Education #SeparationofPowers
HK’s Education Chief: “Separation of Powers” only to be discussed in universities
Kevin Yeung Yun-hung, HK's Secretary for Education Bureau defended the Bureau’s decision to strike out concepts like “separation of powers” from new edition of liberal studies textbooks. Yeung said that separation of powers "has never existed in Hong Kong’s executive-led government".
Yeung’s view was backed up by the Chief Executive, Carrie Lam and other pro-China voices. His speech has,sparked fierce criticism and accusation of political censorship. Yeung, however, reiterated in a subsequent interview that it is "necessary to set the record straight in order to clear out confusion".
Yeung continued, "the curriculum of secondary school liberal studies should strictly follow the Basic Law, while with academic freedom granted in universities, such topic could only be discussed in tertiary institutions".
Source: Apple Daily #Sept5 #Censorship #EducationFallout
#CCPIdeology
HK’s Education Chief: “Separation of Powers” only to be discussed in universities
Kevin Yeung Yun-hung, HK's Secretary for Education Bureau defended the Bureau’s decision to strike out concepts like “separation of powers” from new edition of liberal studies textbooks. Yeung said that separation of powers "has never existed in Hong Kong’s executive-led government".
Yeung’s view was backed up by the Chief Executive, Carrie Lam and other pro-China voices. His speech has,sparked fierce criticism and accusation of political censorship. Yeung, however, reiterated in a subsequent interview that it is "necessary to set the record straight in order to clear out confusion".
Yeung continued, "the curriculum of secondary school liberal studies should strictly follow the Basic Law, while with academic freedom granted in universities, such topic could only be discussed in tertiary institutions".
Source: Apple Daily #Sept5 #Censorship #EducationFallout
#CCPIdeology
#JudicialIndependence #SeparationofPowers
HK Chief Justice Geoffrey Ma: Judicial Independence Must Be Separated from Politics, No One is Above the Law
The issue of separation of powers has sparked intense debate in Hong Kong as the authorities and Beijing loyalists refused to acknowledge its practice in Hong Kong.
In his speech at the ceremonial opening of Hong Kong Legal Week 2020, Chief Justice of the Court of Final Appeal Geoffrey Ma reiterated the importance of not politicizing the independent judiciary and court. As clearly stated in the Basic Law, Hong Kong enjoys independent judicial power, including that of final adjudication. This means no one is above the law, nor can one interfere with court decision. All adjudications must comply strictly with the law, and uphold the principles of equality, equity and fairness.
Geoffrey Ma also pointed out that the rule of law had always been an important core value of Hong Kong, which warranted careful protection, and society could not bear the risk of losing it.
He asked the public to dismiss misconceptions and misunderstanding about rule of law in order to protect it. He believed that law should be predictable, stable and clear, and judicial decision should be open to the public.
Ma stated that according to the Basic Law, the non-permanent judges of the Court of Final Appeal and lawyers from other common law jurisdictions could practice in Hong Kong.
Source: Stand News #Nov2
#RuleofLaw #GeoffreyMa #LegalWeek #Speech
HK Chief Justice Geoffrey Ma: Judicial Independence Must Be Separated from Politics, No One is Above the Law
The issue of separation of powers has sparked intense debate in Hong Kong as the authorities and Beijing loyalists refused to acknowledge its practice in Hong Kong.
In his speech at the ceremonial opening of Hong Kong Legal Week 2020, Chief Justice of the Court of Final Appeal Geoffrey Ma reiterated the importance of not politicizing the independent judiciary and court. As clearly stated in the Basic Law, Hong Kong enjoys independent judicial power, including that of final adjudication. This means no one is above the law, nor can one interfere with court decision. All adjudications must comply strictly with the law, and uphold the principles of equality, equity and fairness.
Geoffrey Ma also pointed out that the rule of law had always been an important core value of Hong Kong, which warranted careful protection, and society could not bear the risk of losing it.
He asked the public to dismiss misconceptions and misunderstanding about rule of law in order to protect it. He believed that law should be predictable, stable and clear, and judicial decision should be open to the public.
Ma stated that according to the Basic Law, the non-permanent judges of the Court of Final Appeal and lawyers from other common law jurisdictions could practice in Hong Kong.
Source: Stand News #Nov2
#RuleofLaw #GeoffreyMa #LegalWeek #Speech
#Court #FailedState #SeparationofPowers
#HKU Chair Professor of Law Johannes Chan: Judicial Independence Will Be Completely Lost When Judges' Rulings are Required to be 'Patriotic' to China
Source: Apple Daily #Nov18
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#HKU Chair Professor of Law Johannes Chan: Judicial Independence Will Be Completely Lost When Judges' Rulings are Required to be 'Patriotic' to China
Source: Apple Daily #Nov18
Read more
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#Court #FailedState #SeparationofPowers
#HKU Chair Professor of Law Johannes Chan: Judicial Independence Will Be Completely Lost When Judges' Rulings are Required to be 'Patriotic' to China
The deputy director of the PRC's Hong Kong and Macau Affairs Office Zhang Xiao-ming said on Nov 17, 2020 that 'patriotism should come before democracy and freedom', he then called for judicial reform in Hong Kong.
Johannes Chan Man-mun, the Chair Professor of Law at the University of Hong Kong (HKU), expressed his concern in a Commercial Radio Hong Kong's program that the requirement of 'patriotism' would be imposed on the judicial officers.
Chan then added that 'patriotism' was only a political consideration which could not be measured by the objective standards; if judges in Hong Kong were required to follow the mainland Chinese standards, then when the judges' rulings were not in line with the government's wishes or did not incriminate those accused by the Nation Security Law, they would be considered 'unpatriotic', such situation would put judicial independence in jeopardy.
The prosecution has required the case of People Power's Tam Tak-chi, who faces 14 charges related to 'making seditious remarks and incitement to take part in an unauthorized assembly', to be handled by the designated national security judges.
Chan said that in general, since the principles of fair trial and judicial independence were involved, both sides of prosecution and defense did not have the right to appoint judges, otherwise, the trial would be considered unfair.
Source: Apple Daily #Nov18
https://hk.appledaily.com/local/20201118/JA333PHL45ECRD3KYSXE62X2KQ/
#JudicialIndependence #NationalSecurityLaw #Patriotism #JohannesChan #TamTakChi #ZhangXiaoMing
#HKU Chair Professor of Law Johannes Chan: Judicial Independence Will Be Completely Lost When Judges' Rulings are Required to be 'Patriotic' to China
The deputy director of the PRC's Hong Kong and Macau Affairs Office Zhang Xiao-ming said on Nov 17, 2020 that 'patriotism should come before democracy and freedom', he then called for judicial reform in Hong Kong.
Johannes Chan Man-mun, the Chair Professor of Law at the University of Hong Kong (HKU), expressed his concern in a Commercial Radio Hong Kong's program that the requirement of 'patriotism' would be imposed on the judicial officers.
Chan then added that 'patriotism' was only a political consideration which could not be measured by the objective standards; if judges in Hong Kong were required to follow the mainland Chinese standards, then when the judges' rulings were not in line with the government's wishes or did not incriminate those accused by the Nation Security Law, they would be considered 'unpatriotic', such situation would put judicial independence in jeopardy.
The prosecution has required the case of People Power's Tam Tak-chi, who faces 14 charges related to 'making seditious remarks and incitement to take part in an unauthorized assembly', to be handled by the designated national security judges.
Chan said that in general, since the principles of fair trial and judicial independence were involved, both sides of prosecution and defense did not have the right to appoint judges, otherwise, the trial would be considered unfair.
Source: Apple Daily #Nov18
https://hk.appledaily.com/local/20201118/JA333PHL45ECRD3KYSXE62X2KQ/
#JudicialIndependence #NationalSecurityLaw #Patriotism #JohannesChan #TamTakChi #ZhangXiaoMing
#Court #Regime
"No Such Thing as Separation of Powers in the World," National Security Judge Lectures Educators, Despite Claiming It's HK's System 10 Years Ago
As the Hong Kong Government begins to enforce #NationalSecurityEducation in schools, the #EducationBureau held an online seminar on the rule of law, led by Judge Patrick Chan Siu-oi, in which high school teachers received the government's latest views on the rule of law.
Patrick Chan is a non-permanent judge of the Court of Final Appeal, and is part of the panel of judges handling the bail application of Next Digital's #JimmyLai, who is currently under custody on national security charges.
Chan began the seminar by telling the attending teachers that what he was about to say may be different from their past knowledge, and "if it's not the same, then please hear me out."
According to Chan, the term "separation of powers" was inaccurate, nor was the mention of "three" powers in the usual Chinese translation of the term. He claimed that many political systems do not have three branches, and calling it a separation of three powers "sounded like they're bracing themselves for a brawl". Instead, he called it a "distribution of duties", saying it was more accurate and "sounded more gentle". If checks and balances were too stringent, he added, it would make for an inefficient government.
Chan further claimed that no country in the world operates a true separation of powers. He cited the US government as an example, saying that the Senate, House of Representatives, and court judges consist of members from the two major political parties, thus the three branches overlap each other. In the British government, he said, the prime minister is the leader of the largest party in Parliament, therefore the legislative branch is also the executive branch.
Interestingly, in a 2011 seminar - merely 10 years ago - Judge Chan claimed that Hong Kong implements a separation of powers. At the time, he stated that the separation of powers prevents any one branch from becoming too powerful, leading to abuses of its power. He also noted that the Basic Law's clauses 59-65, 66-79, and 80-96 prescribe separate duties to the three branches of government. The key was whether the branches could keep each others' powers in check, he noted at the time.
source: Apple Daily #Feb4
https://hk.appledaily.com/local/20210204/EEP2GE3ZN5BBFPLL3N2BBZIGTQ/
#SeparationofPowers #Education #BrainWash
"No Such Thing as Separation of Powers in the World," National Security Judge Lectures Educators, Despite Claiming It's HK's System 10 Years Ago
As the Hong Kong Government begins to enforce #NationalSecurityEducation in schools, the #EducationBureau held an online seminar on the rule of law, led by Judge Patrick Chan Siu-oi, in which high school teachers received the government's latest views on the rule of law.
Patrick Chan is a non-permanent judge of the Court of Final Appeal, and is part of the panel of judges handling the bail application of Next Digital's #JimmyLai, who is currently under custody on national security charges.
Chan began the seminar by telling the attending teachers that what he was about to say may be different from their past knowledge, and "if it's not the same, then please hear me out."
According to Chan, the term "separation of powers" was inaccurate, nor was the mention of "three" powers in the usual Chinese translation of the term. He claimed that many political systems do not have three branches, and calling it a separation of three powers "sounded like they're bracing themselves for a brawl". Instead, he called it a "distribution of duties", saying it was more accurate and "sounded more gentle". If checks and balances were too stringent, he added, it would make for an inefficient government.
Chan further claimed that no country in the world operates a true separation of powers. He cited the US government as an example, saying that the Senate, House of Representatives, and court judges consist of members from the two major political parties, thus the three branches overlap each other. In the British government, he said, the prime minister is the leader of the largest party in Parliament, therefore the legislative branch is also the executive branch.
Interestingly, in a 2011 seminar - merely 10 years ago - Judge Chan claimed that Hong Kong implements a separation of powers. At the time, he stated that the separation of powers prevents any one branch from becoming too powerful, leading to abuses of its power. He also noted that the Basic Law's clauses 59-65, 66-79, and 80-96 prescribe separate duties to the three branches of government. The key was whether the branches could keep each others' powers in check, he noted at the time.
source: Apple Daily #Feb4
https://hk.appledaily.com/local/20210204/EEP2GE3ZN5BBFPLL3N2BBZIGTQ/
#SeparationofPowers #Education #BrainWash