TNAG-1602-FCO40-2198-Future-of-Hong-Kong-Basic-Law-1987 — Page 131

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CCBL-SG/LES/RCS-FR04-870314(E)

Provisions on Power of Interpretation and Amendment of the Basic Law under the Joint Declaration:

"The National People's Congress of the People's Republic of China shall enact and promulgate Basic Law of the Hong Kong Special Administrative Region of People's Republic of China (hereinafter referred to as the Basic Law) in accordance with the Constitution of the People's Republic of China,

(para 1, Section 1, Annex I)

"Except for foreign and defence affairs which

which are the responsibilities of the Central People's Government, the Hong Kong Special Administrative Region shall be vested with executive, legislative and independent judicial adjudication." (para 2, Section I, Annex I)

power,

including

that

of

final

"After the establishment of the Hong Kong Special Administrative Region the laws previously in force in Hong Kong (i.e. the common law, rules of equity, ordinances, subordinate legislation, and customary law) shall be maintained, save for any that contravene the Basic Law and subject to any amendment by the Hong Kong Special Adminstrative Region Legislature." (para 1, Section II, Annex I)

the

The legislative power of the Hong Kong Special Administrative Region shall be vested in legislature of the Hong Kong

Kong Special Administrative Region. "The legislature may on its Own authority enact laws in accordance with the provisions of the Basic Law and legal procedures, and report them to the Standing Committee of the National People's Congress for the record. Laws enacted by the legislature which are in accordance with the Basic

and legal procedures shall be regarded as valid."

Law

"The laws of the Hong Kong Special Administrative Region shall be the Basic Law, and the laws previously in force in Hong Kong and laws enacted by the Hong Kong Special Administrative Region Legislature as above."

The present practice

practice regarding the interpretation of law in force in Hong Kong

Under the common law,

the legislature enacts legislation and the courts interpret the legislation and thereby declare the meaning of the law.