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TRANSCRIPT B: MHONG KONG SELECT COMMITTEE MEETIN
22 MAR 89
FOREIGI SECRETARY (CDETD) ·
country, to exclude the sovereign authority altogether.
That Is
why it has been so important to limit the areas in which that
authority can be invoked.
JN. LAVRIAGE:
But is it advisory or im it binding?
FUREÍGN SECRETANT:
It is
The courts of the region, in applying those provisions, shall follow the interpretation of the Standing Committee.
as I say, as the ruling of the binding, yes, in the sam way, European Court of Justice is binding under Article 177 within the
areas of competence of Community law.
which lists the six laws
-
That is why the Annexe
Annexe 3 is of such importance, but I
think there is no escape from the fact that in a complex of jurisdiction, whether one is talking about the United States or
any other federal structure;
there must be some residual
authority left for the suprem judicial body of the federal structure, but this is why it is designed with such care.
CHAIRMAN:
I think, Secretary, your comparison with the European Court
Indeed, one of the tasks of this of Justice is illuminating. Committee later on this year will be to look at matters arising very mich in that area of this place and this House's relations with the rest of the European Community and the final authority in the Community, so I think this is a very relevant analogy.