'TIMAAH(8)
CONFIDENTIAL
ARTICLE 157 OF THE BASIC LAW VESTS THE POWER OF INTERPRETATION IN
THE NPC. CHINESE COULD INTERPRET ANY ARTICLE TO THEIR OWN ADVANTAGE
AFTER 1997, INCLUDING THOSE ON PENSIONS?
Questions of interpretation are only likely to arise where
matters of legal ambiguity have to be resolved; since the article on
pensions is quite unequivocal, there should, in our view, be no
question of any need for interpretation of these provisions. As the
article stands, the Hong Kong courts are authorised under the Basic
Law to interpret on their own those provisions of the Basic Law
which fall within the scope of the Hong Kong SAR's autonomy.
Article 101 states clearly that the Government of the Hong Kong SAR
shall be responsible for the payment of civil service pensions. is therefore squarely within the autonomy Hong Kong will enjoy.
It
CONFIDENTIAL
I TARVICLE
15L BL