5)
4)
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the areas to be dealt with by the Central Government,
the law will provide that all other powers go to the
HKSAR. Obviously, Beijing does not feel the same way
about adopting such a mode.
The right of interpretation: Discussions on the
Basic Law reveals that people generally favour the
maintenance of the right of interpretation,
particularly when Hong Kong models on the British
style legal system under which there is a separation
of powers between legislature and judicature.
Legislators do not interpret laws while courts are
empowered to do so. But according to the Chinese
Constitution, the NPC is vested with the right of
interpretation of all laws. Hence, it is maintained
that the right of interpretation of the Basic Law
should also go to the NPC. As disclosed at a meeting
of the Drafting Committee by Mr WANG Hanbin, Director
of the Committee for the Legal System under the NPC
Standing Committee, the interpretation of the Basic Law
can be dealt with by different levels; the NPC Standing
Committee is the authority to interpret the validity of
laws whereas the judiciary will interpret the laws in
actual applications. He said that further deliberations
had to be made on the right of interpretation of the
Basic Law but fundamentally, the right of interpretations
should go to the NPC Standing Committee. Houpver, the
crux of the problem is whether the NPC will exercise its legislative right of interpretation to interfere in court
hearings in Hong Kong even though the local courts are
vested with the right of judicial interpretation,
problems need our further consideration.
Such
The right of amendment: Under the Chinese Constitution,
the NPC is also vested with the right of amending all
laws.
What worries the people of Hong Kong is whether