TNAG-1439-FCO40-1923-Constitutional-development-in-Hong-Kong-1986 — Page 93

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14.

different from that intended by the legislature.

This is

is generally the system practised by most Western countries with similar legal systems;

and

(b) a special committee with Hong , Kong

was this idea

first conceived representatives during the negotiations. It envisaged a special committee comprising two representatives from the

Hong

three from the NPC

Standing

in to adjudicate

Peking

questions of legislative interpretations of Basic Law. This would allow the SAR's viewpoints

to be heard in the process;

Kong

judiciary

Committee

of the

Basic Law

which

on

the

A

to

(c) sharing the authority of interpretation allow the Hong Kong Courts to interpret those

deal aspects

with the

SAR's internal affairs, while reserving to

authority

NPC

Committee Standing

the

the

of

interpretation in respect of matters affecting the interests of the central government.

There should be no need to argue on the authority for

the Basic interpreting

Law or the distinction between

The Joint legislative and judicial interepretation. Declaration provides that the Basic Law will be part of the laws of the Hong Kong SAR (Section II of Annex 1) and that judicial power in the Hong Kong SAR will be vested in the SAR's courts (Section III of Annex 1). It follows that the SAR's courts will have the authority to interpret and apply the Basic Law, as part of the laws of Hong Kong, in the day-to-day administration of justice in the Hong Kong SAR.

15. There is, however, scope for conflict if the Chinese

Government:

(a)

disagreed with an interpretation which

has

been placed on the Basic Law by the SAR's courts;

or

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