must
-
judiciary, when this "Basic Law" is applied the Hong Kong Courts would have the power to interpret it. Thus how can the question of interpretative power of the "basic law" after 1997 be properly resolved? To do this we must follow the lines and principles of one country two systems'. That is to say we must keep firmly to having one country while allowing two systems to exist. We pay attention to the interests both of the Centre and of the Hong Kong SAR and we must pay attention to what is right and practicable in the current legal systems of Hong Kong and our country, that is to say, we must guarantee the interpretative · power of the National People's Congress Standing Committee laws and at the same time we must fully realize a high level autonomy for the Hong Kong SAR. Therefore, the "Basic Law" made the following provisions concerning interpretative power:
over
of has
1. The power of the interpretation of the "basic law" belongs to the Standing Committee of the National People's Congress.
2.
has
The Standing Committee of the National People's Congress empowered the Courts of the Hong Kong SAR to make interpretations on its own concerning the application of the "Basic Law" the Hong Kong SAR when they are dealing with court cases.
3.
can
within
they
When the Courts of the Hong Kong SAR are hearing cases, make interpretations of the "Basic Law" and of its other provisions. When necessary they can make interpretations of those articles in the "Basic Law" that relate to matters under the jurisdiction of the Central People's Government or relating to the relationship between the Central authorities and the Hong Kong SAR. The interpretations of these articles can influence the decision of the cases and final judgements that cannot be appealed in these cases must be reported by the Court of Final Appeal in Hong Kong to the National People's Congress for interpretation of the relevant articles. If the National People's Congress makes an interpretation, when the Courts of Hong Kong are applying that article, they must take the interpretation of the National People's Congress as standard. But judgements made prior to this time will not be influenced by it.
the
the
On
make
Before the Standing Committee of the National People's Congress makes an interpretation concerning the "Basic Law" it must consult the opinions of its Hong Kong SAR Basic Law Committee. Thus it can be seen that under one country two systems' the Courts of
Hong Kong SAR have considerably different power to interpret laws when compared with the People's Court in the mainland. the mainland it is only the Supreme People's Court that can interpretations concerning the concrete application of the law in the course of its judgements and local level People's Court have no
power to interpret the law. However, the Courts of the Hong Kong SAR will enjoy power to interpret the laws and they will be able to interpret not only the laws enacted by the legislative organ of the Hong Kong SAR, but they will also have delegated power to make interpretations according to the law of the Basic enacted by the National People's Congress. These differences in interpretative powers are a concrete manifestation
of legal interpretations under `one country
Law
-
two systems'.
Section VI: Forces of Law in the People's Republic of China under `one country
a)
-
two systems'
Sources of Law in the People's Republic of China