and
interpretations of local regulations drawn up by themselves they have no power to make interpretations of the Constitution, the Laws or Administrative regulations. The interpretations must be consistent with the Constitution, the Laws and Administrative regulations and their force is limited to the local area in which they are.
The
At present the system of legal interpretation in Hong Kong is very different from the system of legal interpretation in our country described above. Since the Hong Kong legal system belongs to the British and American legal systems, Hong Kong's Legislative Council does not enjoy the power to interpret the laws. administrative organs of Hong Kong do not have the power to interpret the laws in a way that has legal force concerning the concrete application of the laws. This to say that under Hong Kong's present legal system there is not legislative interpretation or administrative interpretation.
It is the Hong Kong Courts that enjoy judicial interpretation. All Hong Kong Courts have the power make legal interpretations in the course of their Court work on individual cases. It is also to say that there is only judicial interpretation in Hong Kong and the limits of this judicial interpretation are not solely limited to the interpretation of concrete questions regarding the application of the law but they can also make interpretations and explanations when the text of laws need further clarification. It is only this type of judicial interpretation that has legal force. Because of the nature of the judicial system in Hong Kong the Judicial Committee of the British Privy Council is the Court of Final Appeal for the Hong Kong Courts. Thus, in addition to the Hong Kong Courts enjoying judicial interpretative powers, the Privy Council of Britain also enjoys the highest power of judicial interpretation.
B: Developments in the system of legal interpretation in China and Hong Kong under `one country
-
two systems'
In 1997,
after we have regained sovereignty over Hong Kong, it will not possible to define the limits of the power of legal interpretation according to the present model pertaining in our country because of the need to practice `one country
two systems'. It will also not be possible to keep in its entirety the current legal interpretative system in Hong Kong. The legal interpretative system whereby the Judicial Committee of the British Privy Council enjoys the supreme authority for legal interpretation has a colonial flavour and after 1997 it must
be . got rid of and these powers will be exercised by the Court of Final Appeal in Hong Kong.
Council
So how are we to establish a new system of legal interpretation that is consistent with one country two systems'? One question that needs dealing with, is the question of the power to interpret the "Basic Law" of the Hong Kong SAR. If this is dealt with under our present system of legal interpretation, since the National People's Congress decided on the "Basic Law", the highest power of legal interpretation lies with the Standing Committee National People's Congress and local level state organs have the power to interpret such basic laws. Under this regulation, the Courts of the Hong Kong SAR belonging would to a regional Government in our country would have no power
to
of the do not kind of as they
interpret the "Basic Law". But from the point of view of limits of legal interpretation current in Hong Kong, since "basic law" is the basic law applicable in the Hong Kong SAR, accordance with the principles of the independence of
the
the
in
the