TNAG-1439-FCO40-1923-Constitutional-development-in-Hong-Kong-1986 — Page 92

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C.

AUTHORITY FOR THE INTERPRETATION OF THE BASIC LAW

12.

The basic Chinese position on the authority for the

interpretation of the Basic Law was stated by State Councillor Mr Ji Pengfei at his press conference in Hong Kong on 21 December 1985, such authority would be vested in the NPC and its Standing Committee. This is in line with the Chinese system and, in particular with Article 67(1) of the Constitution which provides the NPC Standing Committee with the power "to interpret the Constitution and supervise its enforcement and with Article 67(4) which enables the

Committee to intrepret statues." Mr Ji added that whether

the SAR should have certain interpreting powers in the course of implementing the Basic Law would be studies at the time the law was enacted. Mr Lu Ping said in Hong Kong

that he personally felt the Basic Law should be "self-sufficient" and that the SAR Court's should be able

to take decisions of final adjudication on the basis of the Basic Law itself without there being any need to refer to

the Chinese Constitution.

13.

The

There are various ways in which the question of the intrepretation of the Basic Law could be dealt with. following are the main options which have been suggested:

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(a) making a distinction between legislative intepretation and judicial interpretation this has been suggested by the group of Hong Kong lawyers (led by Legislative Councillors Mr Martin Lee, QC and Mr Peter C Wong) which visited China in June 1985. This envisages a system under which the Courts continue to enjoy the authority to interpret laws (including the Basic Law) in judicial decisions, while the legislature (which

in the case of the Basic Law means the NPC)

reserves the powers to amend the Basic Law where

the Courts have interpreted it in a manner

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