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•1989-03-23 13:38 G. L.S
33 P.09
rather than being self-standing, that is the sort of problem that they would have to face.
Yes, yes, encouraging
article 157, this iz
0: the powers of interpretation provisions. And I want to ask you there whether the powers of interpretation of the law given to the Standing Committee by that article 157 are consistent again with the promise of final adjudication in the Joint Declaration.
Governor:
in by 2
in Some
the
Hong
This was
an article which was much discussed Hong Kong during the first draft. There was anxiety expressed considerable number of people that the drafting of this did Way remove part of the autonomy which had been provided for, for Hong Kong courts. The redraft seeks to correct that so that the Kong courts are now given the task of interpreting any part of the Basic Law which falls within the limits of the autonomy of the SAR. They can also interpret other parts but if they come to a point of interpretation in an area outside the autonomy of the SAR and the key to the issue is interpretation and it is the final judgement then they cen seek
from the National People's Congress Standing Committee which in turn gets the advice of the Basic Law Committes.
ruling a
•
Q:
On the phraseology of article 157 it seems to me that anything that is a central government. central People's government's responsibility or indeed any aspect of relations between the central government and the region then the local courts... the regional courts shall. not may. in fact shall ask for interpretation of tha standing committee. す mean that is situation. isn't it?
GovernoT:
an
the
I think as I understand it...I am not a lawyer. I am afraid, my understanding is that this relates to interpretations of the Basic Law not to an action between the Central Government and the SAR but only if there is a case which revolves round interpretation of part of the Basic Law which relates to foreign affairs, defence relations between the Central Government and the SAR.
or
0:
of
Yes. Interpretation of the Basic Law but also course within the Basic Law which governs the region we are dealing need with relations between that region and Central Government. And be left in no doubt that under these articles I think the Central Government is very much in control of the situation.
Governor!
who
a
does question
the
of with the write
I think it's
matter of interpretation 1 f the final judgement rests on interpretation. And there is an obvious problem of dealing relationship between the central authorities and their power to the Basic Law or within certain very well defined limits to amend Basic Law and what is within the powers of the courts in the region.
the
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