by Koo Lap

Those HKSAR officials in power have been rambling on about “separation of powers” for a whole week. First, it was Kevin Yeung, Secretary for Education of the Education Bureau, denying the “separation of powers,” then it was backed by Carrie Lam who said the three powers mean “each does their own work, check, balance and cooperate with each other.” Ex-Secretary for Justice Elsie Leung created another phrase, claiming the three powers are not separated but “individually positioned,” before regurgitating Lam’s interpretation. Then there was Dr. Law Chi-kwong, Secretary for Labour and Welfare and Andrew Leung from Legislative Council (LegCo) both chipping in to declare their stance, as if a lie being told a hundred times would become true.

Unfortunately, the “check, balance” has been stressed too much and needed Secretary for Justice Teresa Cheng to “rectify” and change the definition to three powers “each does their own work, help and support each other,” and the aim of this constitutional framework is to “safeguard the country’s unity and completeness of the territory, maintain Hong Kong’s prosperity and stability.” Of course, the Hong Kong and Macao Affairs Office (HKMAO) and the Liaison Office of the Central People’s Government (LOCPG) must have a final word: Hong Kong is not a sovereign country, “HKSAR enjoys a high degree of autonomy including executive power, legislative power and judicial power, which are all granted by the central government,” which means, interpreted by Ronny Tong, the power of Hong Kong came from the central government, there is no separation of powers in the constitutional perspective. The question neither the CCP and its spokesperson Ronny Tong cannot avoid is: where does the central government’s power come from? If this power was gained illegitimately and therefore not recognized, then it would not be able to be granted to Hong Kong.

Is this just a sophistry like “white horse isn’t a horse,” or is it like what Ronny Tong said “meaningless argument”? Of course not. At the end of the day, “separation of powers” is a means, whether the powers are “separated” or “individually positioned,” its aim is the executive, legislative and judicial power all check and balance to protect people’s freedom; and judicial power is especially important among the three. The French philosopher Montesquieu coined the “separation of powers” theory and said the key points in “Spirit of The Laws” very clearly, “if judiciary and legislature work together, the judge and legislator merge into one, people will be ruled by dictatorship. If judiciary and administrative agency work together, the judge can then suppress with violence.” Therefore executive, legislative, judicial power is separated for the sake of freedom. Has Hong Kong ever have the freedom created by “separation of powers”?

With the national flag bill, national anthem bill and national security law pressing on, Hongkongers who have had breathed in the air of freedom under Lion Rock would remember when we used to be cheekily wearing Union Jack pattern underpants, calling the Queen “Mrs. Boss,” fearlessly singing the edited, Cantonese version of “God Save the Queen” and proud of our “Asia’s Finest” Royal Hong Kong Police Force who were keeping us safe. Without having to mention the term “separation of powers,” during the one and a half-century being ruled by Britain, Hong Kong did really enjoy the freedom brought by “separation of powers” and check and balance each other. Shakespeare had said, it doesn’t matter what a rose is called, it is still so fragrant. Hong Kong has fallen into a dictatorship regime, where everyone can be charged for violating national security law, and is scared that police would turn up out of the blue and make arrests. At this moment, who doesn’t miss those days when there was unrestrained freedom?

Carrie Lam said the dispute of “separation of powers” has been ongoing for 23 years since Hong Kong returned to China, the reason being must be either people lack understanding due to inadequate publicity and education, or “someone has the evil intention of causing social conflicts.” Therefore she believes it is necessary to “start with the schools” and “solemnly and seriously educate” about the Basic Law, constitution and national security law, which shows education is the focal point of this so-called dispute. That’s why the latest round of dispute was started by Kevin Yeung of the Education Bureau then Tung Chee-hwa’s Our Hong Kong Foundation continued, but heavily criticizing liberal education, founded by Tung himself, has not only failed to “distinguish the right from wrong,” but it is so far from the truth it has done damage to children. We can already foresee the school teachers continue bearing the brunt of it all.

Professor Benny Tai saw this as a deployed political action, because Hong Kong national security law has given this huge responsibility to the Hong Kong government that, it must conduct national security education through schools, social groups, media and the Internet, etc., which is an important task among all the works of national security. HKMAO and LOCPG have denied “separation of powers,” saying the central government has full governance of Hong Kong and is “executive-led with the Chief Executive as the core,” which has not only confirmed Carrie Lam is a real marionette, but also all powers are on one person, that check and balance is forbidden in order to safeguard national security.

Back in the days, the freedom that Hongkongers enjoyed was protected by more than just separation of powers, check and balance, but also the monitoring from the fourth power – the news media. Now the hated-face of the marionette has taken the order and robbed us of everything. But she does not want to stop there. She has moved on to brainwash our descendants in order to wipe off all the beautiful memories Hongkongers have with freedom in the old days. However, the marionette is bound to fail her mission, because everyone is born with the desire for freedom, like the instinct of a child. Brainwashing is not that simple!

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