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 finding 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 centre in the public. In solution to concerns in the fundamentals of Hong Kong?s legal governance, Hong Kong Bar link issued a statement to crystallise that the judiciary independence is ? securely guaranteed? by the canonical Law, which is to ? preserve separate and independent from the executive director and the Legislature? and shall non be ?regarded as a routine of the governance aggroup? (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 bandage reviewing relevant cases that have impacted the system. The sentiment of separation of powers had root 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 pose down the legal foundations.

One of the nigh important universal 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 plan 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. bel ow Chapter IV, the provisions for political ! structure atomic number 18 divided into sections fit 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, ensnare it on our website: BestEssayCheap.com

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