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FROM COI TECH FRDIO
TO FCO NEWS
PAGE.063
TRAUSCRIPT B: HONG KONG SELECT COMMITTER MEETING
FOREIGE SECRETARY
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(COFTD) :
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22 MAR 89
But
exclude the sovereign authority from that process any more than 11 one could do it in relation to a part of the United Kingdom. if you look at 157, I think it has gone a very long way towards comferring judicial powers of interpretation even in that area on
It is a revision, of course, of the the organs of the SAR. previous Article 169 and 157 makes clear that it is the Hong Kong
in the courts that are authorised to interpret
phrase that keeps on recurring,
on their own",
those provisions of the basic law
which fall within the range of the SAR's autonomy,
The SAR courts will also be able to interpret other provisions, that is to say, those relating to defence and foreigu affairs or relations between the centre and the SAP which is the most important one but on those matters, they may need to refer to the Standing Committee of the National People's Congress if, in their view, such an interpretation is required for a final
judgement to be made.
It is extremely interesting to compare that provision with Article 177 of the Treaty of Rome, which provides for reference from national courts to the European Court of Justice at that kind of intermediate slage in the process for determination of points arising in the relationship between national law and the Community
I do not know whether the draftsmen of the one had the
other in their minds when they did it, but they are very very closely comparable and I think it must be recognised that when you have got something such as the SAR forming part of a larger sovereign state, then you need something of that kind formulated pretty closely along these lines.
law.