They are authorised to interpret on
their own those provisions of the Basic
Law falling within the scope of the
SAR's autonomy.
Easily the majority of
the Basic Law provisions come into this
category.
-
Hong Kong courts will also be able to
interpret provisions which fall outside
the SAR's autonomy, but their power is
qualified. When the Hong Kong courts
need an interpretation of matters within
the CPG's competence (defence and
foreign affairs) or concerning the
relationship between the centre and the
SAR and if such an interpretation would
affect the final judgment they must
first refer to the central authorities.
12. This represents a workable solution to
the problem of accommodating a Special
Administrative region with a high degree of
autonomy and its own legal system within the
ambit of a socialist country with a
completely different legal system.
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