B.
Standing Committee of the NPC of laws enacted by the legislature of the SAR provided that the laws do not relate to defence or foreign affairs.
SAR
Law
any
The following opinions have been expressed as to how questions of whether the laws enacted by the legislature are in accordance with the Basic should be decided. It should be noted that legislation made by the future legislature of the SAR or any existing legislation which were to contravene the Basic Law would under the common law be held invalid by the courts as part of their judicial function. This would inevitably be so irrespective of whether there were any other mechanism for deciding
whether there were contravention of the Basic Law.
to
in 4.1 above.
It is proposed that if the Standing Committee consider that a law enacted by the legislature of the SAR reported to it infringed the Basic Law it may seek to have it declared void by the constitutional court referred
Such a reference to the constitutional court would have to be made within a specified time of the enactment being reported to the Standing Committee of the NPC. It is proposed that a suitable period would be 3 months. In default of such a reference as referred to above, any law enacted by the legislature of the SAR would be examined in the course of judicial proceedings in which its provisions fell to be considered.
Other views have also been expressed:
Opinion A
cases
Courts of the SAR should have the power to adjudicate that involve the consistency of local legislation with the Basic Law. But the power of final adjudication of these cases should rest with the Standing Committee of the NPC.
Opinion B
SAR courts have no jurisdiction on cases that involve the consistency of local legislation with the Basic Law. Only the Standing Committee of the NPC has such an authority.
Opinion C
The Standing Committee of the NPC, will not exercise
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