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PING SAND IN HONG KONG THAT HE PERSONALLY FELT THE BASIC LAW SHOULD
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BE SELF-SUFFICIENT' AND THAT THE SAR COURT'S SHOULD BE ABLE TO TAKE DECASHONS OF FINAL ADJUDICATION ON THE BASIS OF THE BASIC LAW #TSELF WITHOUT THERE BEING ANY NEED TO REFER TO THE CHINESE
CONSTITUTION.
13. THERE ARE VARIOUS WAYS IN WHICH THE QUESTION OF THE
SINTERPRETATION OF THE BASIC LAW COULD BE DEALT WITH. THE
FOLLOWING ARE THE MAIN OPTIONS WHICH HAVE BEEN SUGGESTED:
(A) MAKING A DISTINCTION BETWEEN LEGISLATIVE INTERPRETATION AND
JUDICIAL INTERPREATION - THIS HAS BEEN SUGGESTED BY THE GROUP OF HONG KONG LAWYERS (LED BY LEGISLATIVE COUNCILLORS MARTIN LEE,
QC AND PETER C. WONG) WHICH VISITED CHINA MN JUNE 1985. THIS
ENVISAGES A SYSTEM UNDER WHICH THE COURTS CONTINUE TO ENJOY THE
AUTHORMITY TO INTEREPRET LAWS (INCLUDING THE BASIC LAW) N JUDICIAL DECISIONS, WHILE THE LEGISLATURE (WHICH IN THE CASE OF THE
BASIC LAW MEANS THE NPC) RESERVES THE POWERS TO AMEND THE BASIC
LAW WHERE THE COURTS HAVE INTERPRETED IT IN A MANNER DIFFERENT
FROM THAT INTENDED BY THE LEGISLATURE. THIS IS GENERALLY THE SYSTEM
PRACTISED BY MOST WESTERN COUNTRIES WITH SIMILAR LEGAL SYSTEMS:
(B) A SPECIAL COMMITTEE WITH HONG KONG REPRESENTATIVES THIS DEA WAS FIRST CONCEIVED DURING THE NEGOTIATIONS. IT INVISAGED A SPECIAL
COMMITTEE COMPRISING TWO REPRESENTATIVES FROM THE HONG KONG
JUDICIARY AND THREE FROM THE NPC STANDING COMMITTEE TO
ADJUDICATE IN PEKING ON QUESTIONS OF LEGISLATIVE INTERPRETATIONS OF
THE BASIC LAW. THIS WOULD ALLOW THE SAR'S VIEWPOINTS TO BE HEARD
IN THE PROCESS:
(C) SHARMING THE AUTHORITY OF INTEREPRETATION TO ALLOW THE
YONG KONG COURTS TO INTERPRET THOSE ASPECTS OF THE BASIC LAW
WHICH DEAL WITH THE SAR'S INTERNAL AFFAIRS, WHILE RESERVING TO
THE NPC STANDING COMMITTEE THE AUTHORITY OF INTERPRETATION IN
RESPECT OF MATTERS AFFECTING THE INTERESTS OF THE CENTRAL
GOVERNMENT.
14. THERE SHOULD BE NO NEED TO ARGUE ON THE AUTHORITY FOR
INTERPRETING THE BASIC LAW OR ON THE DISTINCTION BETWEEN LEGISLATIVE
AND JUDICIAL INTERPRETATION. THE JOINT DECLARATION PROVIDES THAT THE
BASIC LAW WILL BE PART OF THE LAWS OF THE HONG KONG SAR (SECTION H
OF ANNEX (P) AND THAT JUDICIAL POWER IN THE HONG KONG SAR WILL BE
VESTED IN THE SAR'S COURTS (SECTION IN OF ANNEX H). 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)
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