TNAG-1602-FCO40-2198-Future-of-Hong-Kong-Basic-Law-1987 — Page 133

2.9

3.

There are certain matters, chiefly relating to foreign affairs where the declaration of the Government is treated as a conclusive statement binding upon the courts. Such declarations may be described as Acts of State. They relate to matters which fall to the executive to determine:-

(a)

(b)

(c)

(a)

Recognition of States or Government. Status of foreign States of Government.

The question whether a person is entitled to diplomatic status.

The existence of a state of war.

(e) The extent of national territory.

a

This executive "Act of State" is treated as declaration of an existing state of facts and not as interpretation of the law.

Interpretation of laws and the system in force in the People's Repubic of China

the People's Republic of China, legal interpretation may be divided into 2 broad groups,

namely:

official

unofficial

3.1

It is understood in

interpretation.

3.1.1

Official Interpretation

(a)

and

(1)

(2)

(3)

(11)

(1)

(2)

Provisions under the Chinese Constitution:

Article 62

"The National People's Congress exercises the following functions and powers:

to amend the Constitution;

to supervise the enforcement of the Constitution; to enact and amend statutes concerning criminal offences, civil affairs, the state organs and other matters;

to alter or annul inappropriate decisions Of the Standing Committee of the National People's Congress;

Article 67

11

"The Standing Committee of the National People's

Congress exercises the following functions and powers:

to interpret the Constitution and supervise the

enforcement;

to enact and amend statutes with the exception of these which should be enacted by the National People's Congress;

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