98. Hong Kong Judicial Power Shall Belong to the Central Government
26 August 2014
Hong Kong basic law is made by People’s Congress. In my opinion, Hong Kong should realise separation of powers, i.e., executive power, legislative power, and judicial power, among which the judicial power should belong to the central government.
In fact, the natives of Hong Kong are unable to manage its public security. Our Chinese government is in urgent need of helping them safeguard fairness and justice and improve their public security.
Hong Kong violent criminals run amuck, which made Hong Kong people live in misery and complaints are heard everywhere.
Chinese government need to help Hong Kong citizens to protect their land, get rid of the bullies, and bring peace to the good people.
In the three powers, judicial power is just a power of the execution. Independent judicial power also represents social justice.
I believe the judicial officers sent by China will manage Hong Kong’s public security well immediately within Hong Kong’s law. All the problems will be solved in one day and all the rioters and separatist will disappear at once.
This is real democracy. Separation of powers should be more thorough. Everyone will be free from worry. The executive power belongs to the Hong Kong people. You can do whatever you want as long as it is within the range.
The legislative power also belongs to the Hong Kong people. You can make any laws you want as long as it is within the range.
It is better to make the Chinese government send officers to handle the troublesome case in which they may face the risks of being killed. Isn’t it a good thing to have bodyguards to protect you?
This is the central government’s duty and right of exercising sovereignty. The People’s Liberation Army has so much equipment, so many soldiers, world-class special troops, and armed forces. They can be sent to Hong Kong whenever and wherever possible. Is there something wrong with that? Do you need to fear the violent?
Facts proved that Hong Kong people can do nothing in the management of public security, which made people complain in everywhere. This need to be improved.
The separation of powers is an advanced culture and system of capitalist system. This is capitalist culture not communist culture. It is really a good system, which should be carried out in Hong Kong. But it still needs to discard the dross and select the essence for the benefit of the Hong Kong people.
Only achieving separation of powers making judicial power belong to the central government can the so-called general election without any conditions be feasible. I have no opinion if though you choose a dog as the chief executive, just like the condition in foreign counties. It is very fun. We can also do it.
But I still hope the central government can choose a chief executive who is good at making money. Our Hong Kong people will make a lot of money with their help.
Paying attention to the nomination of chief executive and ruling Hong Kong through election is a thinking pattern of ‘rule of man’. It seems that it will handle everything if you find a mayor on your side.
The real Western democracy is that under the separation of powers. The power of chief executive and mayor is limited. What power does a mayor have if he or she hasn’t judicial power and legislative power? Is it real magical? He or she only has the power of serving people. Besides, he or she should exercise power within the bounds of the law and under the supervision of judicial departments. So the essence of real democracy is making the system manage people, not the people manage the system.
Chinese government focuses on the chief executive is the thought of ‘rule of man’. They hope to find a top leader to manage Hong Kong. In fact, in democracy, the power of a top leader is separated. They even can’t be called top leader and played a little role.
We need to control Hong Kong’s situation by taking back judicial power, which can be called ‘rule of law’.
Judicial power is a real power relevant to people’s daily life. It is also a basic feature of national sovereignty. In the meantime, it is power needing great power to support. If this duty can’t be exercised well or limited by economic and military input lacking of deterrence, all these will connive with criminals and bring serious harm to civilians.
Officials’ collusion with criminals is an obvious reflection of judicial power’s intervention by various factors.
Because capitalist countries have money and the expenditure of judicial power comes from capitalists, it is bound to have limitations. Their judicial fairness is limited.
It is known that it is illegal to occupy central, but judicial authorities didn’t take any actions. Because law enforcement needs to cost a lot of human, physical, and financial resources; in addition, they have minor delinquency, they did nothing.
However, under state capitalism, in the aspects of government’s law enforcement, their human, physical, and financial resources are infinite. This can safeguard fairness and justice.
Executive power is power that governs Hong Kong’s economy according to the local situations and willingness. If Hong Kong hasn’t executive power, they will ascribe the bad economy to central government’s limitation, like someone said earlier. Since we have reached an agreement on ‘one country, two systems’, the local people should have the power to govern local economy and develop economy according to their own will.
It is enough for Chinese government to have judicial power. They develop economy; we guard their security. We are responsible for arresting those who break the law and judge them. This is the best combination of separation of three powers.
Taking back judicial power is protecting national sovereignty and territorial integrity, which does not contradict ‘one country, two systems’.
It is ‘one country, two systems’ for a region that doesn’t have sovereignty but has executive power. Their nature will be changed, if we give them everything.
The parade that happened at three on August 17 in the afternoon in Hong Kong is actually a parade that downed the Chinese flag. They spoil and tread national flag wantonly throwing it to the side and trample on it, yelling such slogans as ‘making the mainlander go back to the mainland, don’t let locusts come to Hong Kong’.
Treason and rebellion have occurred in Hong Kong and happen all the time.
Because Hong Kong connives terrorists, act of anti-party, anti-social, and secession, which offend China’s sovereignty of Hong Kong.
All the declarations and laws are on the basis of the inviolability of China’s sovereignty. As long as China’s sovereignty is infringed, all these declarations and laws can be overturned.
All the statements and laws like Sino-British Joint Declaration and Hong Kong Basic Law are on the basis of China’s sovereignty on Hong Kong is absolutely integrated and respectful.
As long as the behaviour of infringing China’s sovereignty is occurred, all these can be overturned. When negotiating with Britain at that time, Deng Xiaoping wanted to use ‘Chinese time and method’ to take back Hong Kong by force. If he did so, Hong Kong would come back in the afternoon on that day. He didn’t do that just because his tenderness toward women.
If Deng Xiaoping knew after the return of Hong Kong, Hong Kong people still connive terrorists, act of anti-party, anti-social, and secession, he would kick some ass.
Taking back Hong Kong’s judicial power is not a punishment for Hong Kong people, instead, it is the development of system. It can make capitalist democracy and socialist social management system combine perfectly.
The defects of capitalist social management are its inherent problem and fundamental flaws. The issue of terrorists is not Hong Kong’s own issue, but the inherent problem of all the capitalist countries. This is a defect of the system, defect of the top design.
Terrorist activities and the disorder of social management will cause the social thought and management out of control and then the productivity will be declined as well. It is hard to develop the most productivity.
I hope to take this chance to combine these two systems, the combination of the advantages of these two systems, expecting to see whether it can develop the most productivity and advantages.
Maybe it will become an unprecedentedly best social system and management model, which can be popular all around the nation. Besides, it is also within China’s sovereignty.