Chief Executive Carrie Lam declared that “Hong Kong has no separation of powers,” saying the division of powers between the executive, legislature and judiciary was a misunderstanding her administration would “pluck up the courage” to rectify.

Lam’s remarks on Tuesday came a day after a controversial comment made by education chief Kevin Yeung.

Yeung ruled that it would be wrong for school textbooks to suggest a separation of powers between the three branches of governance, insisting it has never been the case, neither before, nor since the handover to China.

His response has sparked a constitutional controversy, following a dispute tipped off by recent changes made to liberal studies textbooks due to a voluntary consultation service provided by the Education Bureau.

Yeung’s position contradicted comments made by former Chief Justice Andrew Li and the current top judge Geoffrey Ma, critics pointed out.

Speaking ahead of the weekly Executive Council meeting, Carrie Lam assured her full support for Yeung and applauded him for setting the record straight.

“Every so often people will make this a topic – whether there is a separation of powers in Hong Kong. They will cite some well-known individuals or judges but there is nothing clearer than the Basic Law,” she said.

Citing Article 48 of the Basic Law, Lam said the chief executive has the power to appoint or remove judges, adding if the judiciary was supervised by the executive, there would not be an article like this.

“A lot of people often mistake the Chief Executive as merely the head of the executive branch. This is wrong,” Lam said, claiming “a separation of powers” was more about “a division of work” between the three branches.

“At the end of the day, through which person do the three branches answer to the central government of China? It’s the Chief Executive,” the city’s leader declared.

Lam took the chance to offer her explanation of the constitutional order of Hong Kong.

She attributed previous misunderstandings to a lack of publicity or education, or people who wanted to mislead others or create conflicts. It takes courage to right the wrong, and this is what her administration will do, Lam said.

Legal sector lawmaker Dennis Kwok slammed the Chief Executive’s announcement as a joke. Rulings of countless court cases have relied on the “important and indispensable principle” of separation of powers, which is embedded in the Basic Law, said Kwok.

Lam’s denial was “ludicrous,” the pro-democracy legislator added. “It’s an offence to the common sense of Hong Kong people.”

Beijing has been asserting, over recent years, that Hong Kong is run by an executive-led government, with senior officials suggesting that the CE’s status “transcends” all three branches.

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