3
MONDAY, AUGUST 14, 1989
ON THE INTERPRETATION
WICGHAM SAID THIS WAS
OF THE CONSIDERED BY
BASIC LAW
SOME
IMPORTANT ARTICLE IN THE ENTIRE BASIC LAW.
(ARTICLE 157), PEOPLE TO BE THE
HE POINTED OUT THAT THE CURRENT DRAFT OF ARTICLE RESULT OF HEATED DEBATE OVER THE LAST THREE YEARS.
MR MOST
157 WAS THE
SHOULD NOT "THAT THIS SHOULD BE A SUBJECT OF MUCH CONTROVERSY
AROUND THE RELATIONSHIP BETWEEN BE SURPRISING, AS IT REVOLVES
THE
SOVEREIGN POWER ON REGION ON THE OTHER, HE SAID.
THE ONE
"
HAND, AND THE SPECIAL ADMINISTRATIVE
"IT ALSO RAISES THE TRICKY QUESTION OF THE INTERFACE BETWEEN TWO COMPLETELY DIFFERENT LEGAL SYSTEMS, AND UNDERLINES THE IMPORTANCE WE HAVE ALWAYS ATTACHED IN HONG KONG TO THE RULE OF LAW.
SHALL
MAINTAIN
SHALL "THE JOINT DECLARATION PROMISES THAT HONG KONG ITS PREVIOUS JUDICIAL SYSTEM AND
ENJOY INDEPENDENT JUDICIAL POWER, INCLUDING THE POWER OF FINAL ADJUDICATION.
—
AUTHORITY RESIDUAL
MAY "IT IS REASONABLE TO ACCEPT THAT SOME
BASIC IN THE CASE OF THE NEED TO BE RESERVED TO THE SOVEREIGN POWER
OF THE LAW, THIS RELATES TO THE POWER OF THE STANDING COMMITTEE
PEOPLE'S CONGRESS TO BE CONSULTED UNDER SPECIFIC NATIONAL
OF ARTICLES
THE BASIC CIRCUMSTANCES ON THE INTERPRETATION OF THOSE LAW WHICH LIE OUTSIDE THE LIMITS OF THE SPECIAL ADMINISTRATIVE REGION'S AUTONOMY.
1+
HAD BEEN
HE NOTED THAT THERE
HOWEVER, CRITICISM,
THAT THE STANDING COMMITTEE BASIC LAW WAS LESS THAN DEFINITIVE ON WHETHER THE
INTERPRET THOSE BASIC LAW WOULD RETAIN A POWER TO
ARTICLES WHICH WERE WITHIN THE SAR'S AUTONOMY,
COMPROMISE "CONCERN HAS BEEN EXPRESSED THAT SUCH A POWER MIGHT
DEGREE HIGH THE SAR'S
WELL AS ITS INDEPENDENT
JUDICIAL POWER.
OF
AS AUTONOMY,
"FURTHER WORK, I SUGGEST, IS NEEDED ON THIS ARTICLE," HE ADDED.
INTERPRETATION OF THE CLOSELY RELATED TO THE QUESTION OF THE
THE
OF A ESTABLISHMENT
BASIC BASIC LAW,
LAW MR WIGGHAM SAID, WAS
STANDING COMMITTEE OF THE NATIONAL PEOPLE'S COMMITTEE, UNDER THE
157 AND CONGRESS, TO ADVISE ON MATTERS ARISING FROM ARTICLES 17, 18,
WHICH ESSENTIALLY CONCERNED THE 158 OF THE BASIC LAW
DIVISION OF
POWER BETWEEN THE CENTRAL AUTHORITIES AND THE SAR.
THE
門
"UNDER
THIS PRESENT DRAFT,
COMMITTEE ADVISORY NATURE, HE SAID AND ASKED WHETHER IT WAS PURPOSE.
WILL BE OF AN
FOR ADEQUATE
ITS
"IT HAS BEEN SUGGESTED THAT THE COMMITTEE SHOULD BE AS A QUASI-JUDICIAL BODY WHOSE ADVICE, IF SUPPORTED BY A ITS MEMBERS, SHOULD BE BINDING.
FORMALISED
MAJORITY OF
/"THERE HAVE