The separation of powers is incomplete in Hong Kong because the semi-autonomous region is not a sovereign state, said Wang Zhenmin, the former legal adviser to Beijing’s Liaison Office and the latest public figure to join the controversial debate over the political doctrine that underpins western democracy but poses a fundamental challenge to Communist Party rule.

Whether seen from the perspective of domestic politics, the law or international practice, the true separation of powers cannot exist in Hong Kong because it is a city under Chinese control, but not a sovereign state, Wang, director of Tsinghua University’s Center for Hong Kong and Macau Research, said in a commentary published on Monday in Sing Tao Daily.

“This eliminates the possibility that separation of powers is implemented in Hong Kong across the entire constitutional framework,” he said in the article.

The debate stems from Hong Kong education minister Kevin Yeung’s backing of the Education Bureau’s decision to cut reference to the separation of powers governance model from school textbooks to be used in the upcoming academic year. Yeung has won backing from Chief Executive Carrie Lam, Secretary for Justice Teresa Cheng, and other pro-Beijing politicians.

The ultimate decision about what political system Hong Kong should be ruled under was a sovereign matter for the mainland authorities, Wang wrote.

“At the end of the day, you have to ask the central government, and the central government will explain clearly. It’s not about what other people say,” the Tsinghua law professor said.

He also argued that two commentaries by former chiefs of justice on the key role the separation of powers played in Hong Kong didn’t “comply with the provisions of the Basic Law that have clearly stipulated and defined” the idea. Wang had also said in 2018 that the Chinese constitution should be applied to Hong Kong and that the Basic Law was only supplementary to the constitution.

In response to Wang’s latest commentary, senior counsel and former pro-democracy lawmaker Alan Leong said that Beijing has breached the agreement guaranteeing how Hong Kong would be governed after its return to Chinese rule in 1997.

Recently, the city’s pro-Beijing camp has been piling pressure on the city’s judiciary. Local pro-Beijing mouthpiece Ta Kung Pao singled out two judges and accused them of siding with the pro-democracy camp.

Pro-Beijing lawmakers have also pressed the government to set up official watchdogs to monitor the judiciary and review its sentencing decisions.

Australian judge James Spigelman resigned last Friday from his one-year stint as a non-permanent judge at the Court of Final Appeal.

Australian Broadcasting Corporation reported that Spigelman resigned for reasons “related to the content of the national security legislation.” He became the first top court judge to have resigned in Hong Kong since 1997.

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