TNAG-1602-FCO40-2198-Future-of-Hong-Kong-Basic-Law-1987 — Page 132

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All courts of Hong Kong have the right to and must interpret any law which relates to

relates to the specific cases which they are adjudicating. Furthermore, all courts are bound to apply any legislation which is relevant to the case then being tried, even though the meaning may be obscure or the courts may consider the legislation is in need of amendment. Any judicial interpretation by the Court of

Court of Appeal is binding on all courts in Hong Kong including other courts of appeal. Judicial interpretation made by other courts are authoritative and binding on lower courts to a certain extent.

The courts in interpreting any law have the power to declare invalid any law which has not been passed in accordance with proper procedures or if it is subordinate or subsidiary legislation and contravenes the superior legislation.

The courts have no power to adjudicate on hypothetical issues and hence, decide either legal questions in the abstract or academic issues. Hence, the courts have no power to interpret laws other than as part of their judicial decision in a specific case.

The power of final

of final adjudication at present lies with the Privy Council in the United Kingdom.

Under the law of Hong Kong, there is no power of interpretation of laws by the legislature and indeed, insofar as the legislature may express opinions as to the meaning of certain legislation whether

it be legislation to be passed or which has been passed, the same will not be considered by the courts. Furthermore, the courts will not give retrospective effect to legislation

to legislation unless constrained to do so by the wording of the legislation itself.

under the

There is no power of executive interpretation the law of Hong Kong. Interpretation made by executive authority of laws in the course of its administration is unofficial, has no binding effect and is in any event, subject to review by the courts under their judicial functions.

Other interpretation of legislation, for example in textbooks may be allowed to be cited in courts if the author is considered as "authority" but as a matter, such interpretation has persuasive effect.

no

more

legal

than

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