XN000022-1988-07-14 — Page 13

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THURSDAY, JULY 14, 1988

AS TO THE OTHER ARTICLES WHICH FELL OUTSIDE THE SCOPE OF THE SAR'S AUTONOMY, MR LEE SAID THE MEMBERS FELT THAT THE STANDING COMMITTEE OF THE NPC COULD, IF IT THOUGHT FIT, INTERPRET ANY SUCH ARTICLE, PROVIDED THAT ITS INTERPRETATION, IF CONTRARY TO THAT PUT ON THE SAME ARTICLE BY THE SAR COURTS, SHOULD NOT AFFECT THE RESULT OF ALL CASES PREVIOUSLY DECIDED.

HE BELIEVED THE PANEL MEMBERS' VIEWS ON THIS ARTICLE COULD BE DEALT WITH BY AMENDING IT AS FOLLOWS:

'THE POWER OF INTERPRETATION OF THIS LAW 13 VESTED IN STANDING COMMITTEE OF THE NATIONAL PEOPLE'S CONGRESS. COURTS OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION INTERPRET ALL THE PROVISIONS OF THIS LAW.

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'REGARDING THE PROVISIONS WHICH ARE WITHIN THE LIMITS OF THE AUTONOMY OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION, THE STANDING COMMITTEE OF THE NATIONAL PEOPLE'S CONGRESS WILL IRREVOCABLY DELEGATE ITS POWER TO THE COURTS OF THE REGION TO INTERPRET THEM WHEN ADJUDICATING CASES.

'WHEN THE STANDING COMMITTEE OF THE NATIONAL PEOPLE'S CONGRESS MAKES AN INTERPRETATION OF A PROVISION OF THIS LAW WHICH 19 OUTSIDE THE LIMITS OF THE AUTONOMY OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION, THE COURTS OF THE REGION, IN APPLYING SUCH A PROVISION, SHALL FOLLOW THE INTERPRETATION OF THE STANDING COMMITTEE. HOWEVER, CASES UNDER ADJUDICATION AND JUDGEMENTS PREVIOUSLY RENDERED SHALL NOT BE AFFECTED.

'THE STANDING COMMITTEE OF THE NATIONAL PEOPLE'S CONGRESS SHALL CONSULT ITS COMMITTEE FOR THE BASIC LAW OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION BEFORE GIVING AN INTERPRETATION OF THIS LAW.

'THE PROVISIONS OF CHAPTERS 3, 4, 5, 6 AND 10 OF THIS LAW ARE OR ARE DEEMED TO BE WITHIN THE LIMITS OF THE AUTONOMY OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION. THE QUESTION AS TO WHETHER THE PROVISIONS OF THE OTHER CHAPTERS OF THIS LAW ARB WITHIN THE LIMITS OF THE AUTONOMY OF THE REGION MAY BE DECIDED BY THE COURTS OF THE REGION OR BY THE STANDING COMMITTEE OF THE NATIONAL PEOPLE'S CONGRESS. THE STANDING COMMITTEE WILL CONSULT THE COMMITTEE FOR THE BASIC LAW OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION BEFORE MAKING A DECISION.THE DECISION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE'S CONGRESS SHALL BE FINAL'.

TURNING TO THE POLITICAL STRUCTURE, MR LEE SAID THE DRAFT BASIC LAW DID NOT PROVIDE SUFFICIENT POWERS ΤΟ THE LEGISLATURE то ENABLE IT TO EXERT THE NECESSARY CHECKS AND BALANCES ON THE EXECUTIVE.

/HE ALSO