CONFIDENTIAL
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HND prenty Jpg
11 MAY 199
(28)
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RECEIVE
01/1
DECISTRY
2 1 MAY 1990
DESK OFFICER
INDEX
PA
Fifoot
Thank you
REGISTRY
Action Taken
PS/Mr Maude
From:
Paul Fifoot
Legal Advisers
Date:
10 May 1990
CC Mr Paul, HKD
4 Brewer
14/5
FOREIGN AFFAIRS COMMITTEE: REPORT ON HONG KONG: GOVERNMENT
RESPONSE
1.
Your minute to the PS of 8 May refers to the penultimate sentence of paragraph 5 of the Government response in relation to the power of interpretation of the Standing Committee of the National People's Congress. The position is as follows.
2.
The first paragraph of Article 158 states that the power of interpretation of the Basic Law is vested in the Standing Committee of the National People's Congress. This reflects accurately Article 67 (4) of the Constitution of the PRC. second and third paragraphs of Article 158 of the Basic Law concern the concurrent power of the courts of the SAR to interpret the Basic Law and, in respect of the power to interpret "non-autonomy" matters, provide for a procedure whereby the courts of the SAR are to obtain an interpretation from the Standing Committee. However, the second and third paragraphs in no way restrict the general power of the Standing Committee to interpret the Basic Law. The power of the Standing Committee to interpret does not depend upon being invoked under paragraph 3 or otherwise on the existence of a dispute in litigation. It may itself take the initiative in interpreting the Basic Law. The only restriction provided by Article 158 is that if it does exercise its power of interpretation it shall consult the Committee for the Basic Law. The penultimate sentence of paragraph 5 of the response to the FAC was drafted with this in mind.
of
Paul Fifoot
DA3AAX
RESTRICTED