Lam Wing Cheung and Kacee Ting Wong say system has demonstrated vitality and superiority, particularly manifested in HK’s transition from stability to prosperity

Placing overarching emphasis on the importance of executive-led governance, Director of the Hong Kong and Macao Work Office of the Communist Party of China Central Committee and the Hong Kong and Macao Affairs Office of the State Council Xia Baolong highlighted in a recent forum that this system is a key feature in the design of the two special administrative regions’ political structures under the Basic Law. Xia said that this arrangement serves as the institutional guarantee for the full and accurate implementation of the “one country, two systems” principle, and best suits the two SARs’ actual situations.

The Basic Law of the Hong Kong Special Administrative Region is based on the Constitution of the People’s Republic of China. It hardly needs saying that the supreme law of the nation and the Basic Law together prescribe the constitutional order of the HKSAR. An important feature of the Basic Law is the establishment of an executive-led governance structure, as evidenced by more than 20 provisions in the Basic Law, according to legal scholar Xiao Weiyun, a Basic Law expert. 

Besides being the head of the HKSAR government, the chief executive is also the chief of the HKSAR, serving as the most important bridge between the central government and the special administrative region. The chief executive is accountable to both the central government and the HKSAR. Viewed from this perspective, the indispensable “dual accountability system” is a unique design to maintain the constitutional order of the HKSAR under the principle of “one country, two systems”. 

During the drafting of the Basic Law, the executive-led political model was adopted by more than two thirds of the members of the Drafting Committee of the Basic Law. The Basic Law was adopted with a high vote when it was voted on by the National People’s Congress. This represents the common will of the people of the whole country, including Hong Kong residents. The executive-led model has demonstrated vitality and superiority, particularly manifested in Hong Kong’s transition from stability to prosperity. The two SARs must firmly uphold the system and strive to improve it continuously to enhance governance efficiency — a goal that relies on synergy among the three branches. Collaboration and cooperation constitute the strong synergy of governance. The legislative and judicial branches must work on the same stage with the executive branch. 

The executive-led approach requires the support and participation of all sectors of society amid external challenges in implementing this governance framework, with anti-China and external forces trying to advocate the incompatible “separation of powers” notion, aimed at weakening the authority of the chief executive and the HKSAR government, thereby undermining the central government’s comprehensive jurisdiction over the SAR. 

The strengthening of the executive-led model does not mean a transformation of the Legislative Council into a talking shop and the independently operating Judiciary into a “subservient” institution. Under Article 85 of the Basic Law, Hong Kong courts shall exercise judicial power independently, free from any interference. Members of the Judiciary shall be immune from legal action in the performance of their judicial functions. Once appointed, judges enjoy security of tenure under the Basic Law. Doubt should not be cast on judicial independence. Concerning the relations between the executive and legislative branches of government, Xia made it clear that the legislature should establish closer and more constructive interaction with the executive branch, improving the democratic, scientific and smooth decision-making process. The LegCo should support the government while overseeing policy implementation. As legal scholar Xiao Weiyun correctly pointed out, checks and balances and mutual cooperation are two sides of the same coin, and one cannot do without the other (Lo Pui Yin, The Judicial Construction of Hong Kong’s Basic Law (HK University Press, 2014)).

Xia also highlighted specific expectations of SAR lawmakers. First, they must cultivate a strong sense of national identity. Second, they must take responsibility; for example, they should take the initiative on reforms. Third, they must be enthusiastic about serving the public and listen to the grassroots. Fourth, they must approach participation in legislative deliberation and oversight with diligence and commitment. Fifth, they need to build a good public image and abide by the rules of the LegCo. Professor Lau Siu-kai, a fellow consultant for the Chinese Association of Hong Kong and Macao Studies, said lawmakers should be more proactive in defending the government in international interactions.

Lam Wing Cheung, is a member of HKSAR Election Committee, codirector of district administration of the Chinese Dream Think Tank and a district councilor. Kacee Ting Wong is a barrister, part-time researcher of Shenzhen University Hong Kong and Macao Basic Law Research Center, chairman of Chinese Dream Think Tank and a district councilor

The views do not necessarily reflect those of China Daily.