TNAG-1602-FCO40-2198-Future-of-Hong-Kong-Basic-Law-1987 — Page 134

(3)

(4)

(b)

(c)

(d)

(e)

(£)

(g)

to enact, when the National People's Congress is not in session, partial supplements and amendments to statutes enacted by the National People's Congress provided that they do not contravene the basic principles of these statutes; to interpret statutes;"

By Articles 67 (1) and (4) of the Constitution, the Standing Committee of the National People's Congress (NPC) has the function and power to interpret the Constitution and statutes. Although the Constitution does not empower the NPC itself to undertake the work of legislative interpretation by Article 62 (11), the NPC may amend or cancel inappropriate decisions of the Standing Committee of NPC. In addition, apparently, local legislation may be interpreted by the relevant local legislature.

Legislative

interpretations made by the Standing Committee of the NPC are binding on the courts.

These legislative interpretations are not restricted to be made to a specific case. Power of legislative interpretation can be exercised with or without the context of a specific case.

Actual examples of the Standing Committee of the NPC exercising this power of interpretation is rare and thus it is difficult to assess its impact on the judicial system.

Judicial interpretation carries with it a lower status and may be exercised not only by judges but also by the procuracy. The power of

of judicial interpretation is delegated to a given judicial or procuratorial body from the relevant legislative body and binds only the case under consideration. wherein such a power was exercised. It has no generally binding effect.

Executive interpretation likewise occupies a less than exalted status.

It denotes that power

of interpretation of the law exercisable by the executive organs of government when confronted with particular cases in the course of discharging their executive or administrative duties.

Unofficial Interpretation

3.1.2

Unofficial interpretation interpretation of laws

mainly applies to the academic researches,

in