11
THURSDAY, JULY 14, 1988
REGION
"THE COURTS OF HONG KONG SPECIAL ADMINISTRATIVE SEEK THE ADVICE OF THE CHIEF EXECUTIVE IN ACCORDANCE WITH PRINCIPLES AND LEGAL PRÉCEDENTS OF THE COMMON LAW WHEN CONCERNING FOREIGN AFFAIRS AND DEFENCE ARISR IN PROCEEDINGS. A STATEMENT ISSUED BY THE CHIEF EXECUTIVE REGARDING QUESTIONS SHALL BE BINDING ON THE COURTS.
SHALL THE
QUESTIONS ANY LEGAL SUCH
'BEFORE ISSUING SUCH A STATEMENT, OBTAIN A CERTIFICATE FROM THE STANDING PEOPLE'S CONGRESS OR THE STATE COUNCIL.
THE CHIEF EXECUTIVE COMMITTEE OF THE
SHALL NATIONAL
KONO
'REGULATIONS REGARDING THE HANDLING BY COURTS OF THE HONO SPECIAL ADMINISTRATIVE REGION OF CASES RELATING TO ORGANISATIONS, ORGANS OF STATE POWER OF THE PEOPLE'S REPUBLIC OF CHINA THOSE MENTIONED IN ARTICLES 13 AND 21 OF CHAPTER PERSONNEL AND REGULATIONS CONCERNING COMPENSATIONS BY ORGANS OF STATE POWER AND THE PERSONNEL CONCERNED, SHALL BE STIPULATED BY THE LAW OF THE REGION'.
(INCLUDING 2) OR THEIR ORGANISATIONS,
TURNING TO ARTICLE 169, MR LEE SAID ONE PROVISION ARTICLE WAS TOTALLY UNACCEPTABLE.
IN THAT
IT PROVIDED, IN EFFECT, THAT WHENEVER A CASE CAME THE SAR COURTS INVOLVING THE
UP BEFORE INTERPRETATION OF AN ARTICLE BASIC LAW REGARDING "DEFENCE, FOREIGN AFFAIRS OR OTHER
OF THE AFFAIRS ARE THE RESPONSIBILITIES OF THE CENTRAL GOVERNMENT",
WHICH MUST NOT CONSTRUE THE RELEVANT ARTICLE.
SAR COURTS
THE
QUESTION TO FOR A
INSTEAD, THEY MUST ADJOURN THE CASE AND REFER THE THE STANDING COMMITTEE OF THE NATIONAL PEOPLE'S CONGRESS DETERMINATION,
AFTER THAT, THE HEARING WOULD RESUME BUT THE JUDGE WAS BOUND BY THE INTERPRETATION PUT ON THE RELEVANT ARTICLE BY THE COMMITTEE OF THE NPC.
STANDING
MR LEE ALSO SAID HE WAS GLAD THAT MEMBERS OF CONSTITUTIONAL DEVELOPMENT PANEL HAD REACHED CONSENSUS ON
THE
THIS
ARTICLE.
HE SAID MEMBERS OF THE PANEL FELT THAT SAR COURTS SHOULD POWER TO INTERPRET ALL THE ARTICLES OF THE BASIC LAW.
HAVE
AND WHILE RECOGNISING THAT THE STANDING COMMITTEE OF THE NPC HAD THE CONSTITUTIONAL POWER AND DUTY TO INTERPRET THE BASIC LAW, MEMBERS FELT THAT THE STANDING COMMITTEE SHOULD IRREVOCABLY DELEGATE ITS POWER TO INTERPRET THOSE ARTICLES OF THE BASIC LAW WHICH WITHIN THE SCOPE OF THE SAR'S AUTONOMY TO THE SAR ADJUDICATING CASES.
COURTS
WERE
WHEN
/AS TO