Separation of Powers Under the HK Basic Law

12 Pages Posted: 22 Mar 2014 Last revised: 21 Jul 2015

See all articles by Danny Gittings

Danny Gittings

University of Hong Kong, College of Humanities and Law, School of Professional and Continuing Education; The University of Hong Kong, Faculty of Law

Date Written: December 9, 2013

Abstract

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

Suggested Citation

Gittings, Danny, Separation of Powers Under the HK Basic Law (December 9, 2013). Available at SSRN: https://ssrn.com/abstract=2412448 or http://dx.doi.org/10.2139/ssrn.2412448

Danny Gittings (Contact Author)

University of Hong Kong, College of Humanities and Law, School of Professional and Continuing Education ( email )

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Hong Kong

HOME PAGE: http://hkuspace.hku.hk/about-us/people/chl

The University of Hong Kong, Faculty of Law ( email )

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Hong Kong
Hong Kong

HOME PAGE: http://hub.hku.hk/cris/rp/rp01854

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