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14.
different from that intended by the legislature.
This is
is generally the system practised by most Western countries with similar legal systems;
and
(b) a special committee with Hong , Kong
was this idea
first conceived representatives during the negotiations. It envisaged a special committee comprising two representatives from the
Hong
three from the NPC
Standing
in to adjudicate
Peking
questions of legislative interpretations of Basic Law. This would allow the SAR's viewpoints
to be heard in the process;
Kong
judiciary
Committee
of the
Basic Law
which
on
the
A
to
(c) sharing the authority of interpretation allow the Hong Kong Courts to interpret those
deal aspects
with the
SAR's internal affairs, while reserving to
authority
NPC
Committee Standing
the
the
of
interpretation in respect of matters affecting the interests of the central government.
There should be no need to argue on the authority for
the Basic interpreting
Law or the distinction between
The Joint legislative and judicial interepretation. Declaration provides that the Basic Law will be part of the laws of the Hong Kong SAR (Section II of Annex 1) and that judicial power in the Hong Kong SAR will be vested in the SAR's courts (Section III of Annex 1). It follows that the SAR's courts will have the authority to interpret and apply the Basic Law, as part of the laws of Hong Kong, in the day-to-day administration of justice in the Hong Kong SAR.
15. There is, however, scope for conflict if the Chinese
Government:
(a)
disagreed with an interpretation which
has
been placed on the Basic Law by the SAR's courts;
or
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