XN000022-1989-08-14 — Page 4

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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