WOZAPK
SUPPLEMENTARY MEMORANDUM ON PROGRESS IN IMPLEMENTING THE
SINO-BRITISH JOINT DECLARATION OF 1984 ON HONG KONG
(FCO/FAC/9/89)
ARTICLE 157 OF THE DRAFT BASIC LAW
1. The Committee might appreciate further information about the
interpretation of the Basic Law under Article 157 of the draft text,
which the Secretary of State touched on in his oral evidence to the
Committee on 22 March.
2.
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The law of the People's Republic of China (PRC) recognises two kinds of interpretation: legislative interpretation and judicial interpretation. The former permits the relevant political organ to give interpretations of the relevant law. (In the case of the PRC
Constitution and basic statutes which will include the Basic Law
the appropriate organ is the Standing Committee of the National
People's Congress (NPC) under Article 67(1) and (4) of the PRC
Constitution). Such interpretations may supplement existing law as
well as determine its meaning, but must be consistent with the purposes and principles of the relevant law.
3. Judicial interpretation is the power conferred on the courts to
interpret the law in specific cases. A resolution of the Standing
Committee of the NPC dated 10 June 1981 states "Interpretation of
questions involving the specific application of laws and decrees shall be provided by the Supreme Court". (Other subordinate organs
may also enjoy a power of interpretation in the "specific
application of laws" e.g. the Supreme People's Procuratorate and
the State Council)
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4.
Article 157 of the Basic Law is consistent with Article 67 of
the PRC Constitution in stating that the power of interpretation is
vested in the Standing Committee. As with the resolution of 10 June
1981, it provides that the courts of the SAR may interpret the Basic Law "in adjudicating cases before them". This power of the courts