Since the establishment of the Judicial Committee in April 2017, the executive, legislative and judicial powers of the Union have been vested in three independent branches, bringing about the principle of separation of powers in the constitutional structure of the Union. On page 68 of the “Orientation Special” published in 2017 by the Chinese University Student Press (“CUSP”), the Judicial Committee is described as one of the committees under the Representative Council. This description is false.
The diagram on pages 68 and 69 of “Orientation Special” shows a line between the Judicial Committee and the Council, giving a wrong impression that the Judicial Committee is a body under the Council. Depicting the constitutional structure of the Union in such a way will cause misunderstanding among the freshmen and is detrimental to judicial independence within the Union. The Judicial Committee is only bound by the Union Constitution, which is enacted under the Statutes of the Chinese University of Hong Kong, and is obliged to defend the Union Constitution. Further, a General Meeting of the Union has the exclusive power to overturn any orders made by the Judicial Committee.
The Student Press, as one of the institutions of the Union, has the constitutional duty to respect and uphold the constitutional landscape of the Union as determined by the Union Members in a referendum. The Judicial Committee urge the The Student Press to discharge its bare responsibilities as media, by reviewing its code of practice and verifying the validity of the facts it purports to publish, and ensuring all information provided in its publications is accurate.
The Judicial Committee
11th August 2017