(11) The issue involved in the interpretation of the Basic Law is essentially one on the relationship between the legal system of China and the judicial system of the future SAR.
Under the Chinese legal system, the NPC Standing Committee as the legislature has the power to interpret laws. But under the existing legal system in Hong Kong. the courts interpret the legislature
legal the
laws when adjudicating specific cases and does not give any abstract interpretation of the principles of the laws outside the legislative process. The problem is how the legislative interpretation under the Chinese Bystem is related to the judicial interpretation under common law system. Is there any conflict between the two? Will the legislative interpretation given by the Standing Committee undermine the Judicial independence the power of final adjudication of the HKSAR?
(111) Further
probleme
will
NPC
and
discussion
on these
require understanding of the nature of the law-interpreting function of the NPC Standing Committee and the procedure involved. But at present the people in Hong Kong have knowledge in this respect.
limited
2.
Political Structure
2.1
Focus of discussion
(1)
The public has been discussing political structure for years and a number of proposals have been published. from different circles have analysed and debated
Basic
two
People
upon the various aspects of political structure. Ever since the publication of the Draft
Law, people have been relatively cool-headed in their discussion. Most of the they are for or
reasons have not been
no new proposals
opinions have against which further explored. been published.
directly indicated that proposals but their
Up till mid-June,
have
1.4.2Questions to be resolved
(1)
What will be
the difference between the NPC Standing Committee's legislative interpretation of the Basic Law and Hong Kong courts' Judicial interpretation of the Basic law?
(11) If
the NPC Standing Committee shall interpret the Basic whereas the Hong Kong courts shall have the power of adjudication. in
Law
final what way will these two procedures be co-
ordinated?
1.5 Committee
for the Basic Law
1.5.1 Focus of discussion
The
Draft Basic Law mentions more than establishment of a Committee for the Basic Law NPC Standing Committee. The NPC Standing Committee seek the advice of this Committee beforehand when with certain matters relating to the HKSAR. The Draft Law. however, does not provide details for the composition, nature and operation of the Committee.
once
the
under
it
the
shall deals Basic
2.2
the proposals to provide detailed
(11) In-depth discussion is not possible because lack development: their proposera fail information on some specific issues.
method
of
for the
four
(111) The Draft Basic Law contains five alternatives
selecting the Chief Executive and alternatives for the method of constituting the legislature. But it is expected that there will be only one proposal when the Drafting Committee submits the proposed legislation to the NPC Standing Committee early next year.
Some people therefore believe that during the five-month consultation period for the Draft Basic Law, it is necessary to work out a compromise proposal acceptable to all parties. It hae Already been suggested that supporters of the various alternatives should start considering a compromise and, the spirit of mutual understanding and mutual accomodation, Jointly draw up a model of political structure which
in
will But there are One view is that
be acceptable to the community at large. different views regarding this suggestion. the various alternatives are based on different principles, it 18 considerably difficult to have
compromise. Some people also say that they would not compromise on the basic principles which they support. Since consultation has not been completed at the present stage and there has not been any clear indication of public opinon, some people are of the view that it is not the right time for compromise.
Questions to be resolved:
1.5.2Questions
to be resolved
(1)
*
(1) What 18
the nature of the Committee for the Basic Law? is it related to the NPC Standing Committee?
How
Do the various alternatives have any common basis objective to Berve AB the starting point for reaching a consensus?
and
: (11)
What
18. the
composition of qualifications its members have?
the
Committee?
(iii) What, should be
the working procedure of
the Committee?
What
(11) How can the proposers of the various alternatives be induced
to hold dialogues cool-headedly so that they
may have further understanding of the contents and principles of the alternatives
by one another and. through communication and discussion, may jointly draw up a model of political structure which is acceptable to all parties?
proposed
6