13. THERE ARE VARIOUS WAYS IN WHICH THE QUESTION OF THE INTERPRETATION 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 INTERPRETATION - THIS HAS BEEN SUGGESTED BY THE GROUP OF HONG KONG LAWYERS (LED BY LEGISLATIVE COUNCILLORS MR. MATIN LEE, QC AND MR. PETER C.WONG) WHICH VISITED CHINA IN JUNE 1985. THIS ENVISAGES A SYSTEM UNDER WHICH THE COURTS CONTINUE TO ENJOY THE AUTHORITY TO INTERPRET LAWS (INCLUDING THE BASIC LAW) N JUDICIAL DECISIONS, WHILE THE LEGISLATURE (WHICH IN THE CASE OF THE BASIC
THE POWERS TO AMEND THE BASIC LAW LAW MEANS THE NPC) RESERVES
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:
THIS COULD
(B) A SPECIAL COMMITTEE WITH HONG KONG REPRESENTATIVES TAKE THE FORM OF A SPECIAL COMMITTEE COMPRISING TWO REPRESENTATIVES FROM THE HONG KONG JUDICIARY (POSSIBLY INCLUDING JUDGES FROM OTHER COMMON LAW JURISDICTIONS) AND THREE FROM THE NPC STANDING COMMITTEE TO ADJUDICATE IN PEKING ON QUESTIONS OF LEGISLATIVE INTERPRETATIONS OF THE BASHC LAW. THIS WOULD ALLOW THE SAR'S VEWPOINTS TO BE HEARD IN THE PROCESS: AND
TO ALLOW THE HONG KONG
(C) SHARING THE AUTHORITY OF INTERPRETATION 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. THE JOINT DECLARATION PROVIDES THAT THE BASIC LAW WILL BE PART OF THE LAWS OF THE HONG KONG SAR (SECTOION OF ANNEX 1) AND THAT JUDICIAL POWER IN THE HONG KONG SAR WILL BE VESTED IN THE SAR'S COURTS (SECTION PH 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 WOULD, HOWEVER, BE SCOPE FOR CONFLICT HF THE CENTRAL GOVERNMENT :
(A) DISAGREED WITH AN INTERPRETATION WHICH HAD BEEN PLACED ON THE BASIC LAW BY THE SAR'S COURTS: OR
(B) CONSIDERED THAT A LAW WHICH HAD BEEN PASSED BY THE SAR LEGISLATURE CONTRAVENED THE BASIC LAW, OR EXCEEDED ITS LEGISLATIVE AUTHORITY: OR
(C) CONSIDERED THAT THE EXECUTIVE WAS ACTING IN CONTRAVENTION OF THE
BASIC LAW.
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