-7
Q.
A.
The political systems of Britain, the States and France are
not applicable in China because China does not practise the
separation of powers. In the States, the Supreme Court is vested with the right of interpretation of the constitution,
and it is the Supreme Court to decide whether there is a
violation of the Constitution. In China, it is the NPC
Standing Committee that is vested with such power as that of
the US Supreme Court. The executive, legislative and judicial
authorities are accountable to the NPC and the NPC Standing
Committee.
Some people in Hong Kong suggest that the interpretation of
the Basic Law concerning the relationship between the Central
and Hong Kong as well as the defence and the diplomacy of Hong
Kong should be handled by the NPC Standing Committee, while
the interpretation of the Basic Law on the internal affairs of
Hong Kong should be handled by the local judicature.
We still have to study these problems and a decision is yet to
be made.
The Contents of the Basic Law Should Not be too Detailed
૨.
A.
Some people in Hong Kong propose that the contents of the Basic Law should be more detailed. It is because if the principles
are too broad, it will give rise to disputes for different ways
of interpretation. Do you think that such an idea is desirable?
There has been controversy over the contents of the Basic Law
whether it should be written in brief or in detail. The
legislation in China is rather brief, but descriptions of laws
are detailed in other countries. During the Sino-British talks,
there had been divergent views on whether the Joint Declaration
should be written in brief or in detail; the British side opined
that it should be written in detail whereas the Chinese side
maintained that it should be written in brief. Mr PENG Zhen
had said that the contents of the Basic Law should not be too