Separation of Powers Under the HK Basic Law
12 Pages Posted: 22 Mar 2014 Last revised: 21 Jul 2015
Date Written: December 9, 2013
Although it is far from clear how far the drafters of the Hong Kong Basic Law ever intended a system of separation of powers to be practiced in Hong Kong, that is how the Hong Kong courts have interpreted the effect of the provisions in that constitutional document, the Hong Kong Basic Law. However this paper argues that the courts' references to separation of powers have been brief and unhelpful, and offer little guidance on how best to characterize the system that exists under the Hong Kong Basic Law. As a result, it remains unclear what existing practices in Hong Kong may be vulnerable to legal challenge for violating a system of separation of powers.
This is a working paper written during the preliminary stage of the author's PhD research into separation of powers at the Faculty of Law of the University of Hong Kong and will be subject to revision.
Keywords: Separation of Powers, Constitutional Law, Basic Law, Hong Kong
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