TNAG-1602-FCO40-2198-Future-of-Hong-Kong-Basic-Law-1987 — Page 138

4.3

A.

court.

wait

Persons involved in a case may intentionally for the NPC to

the NPC to exercise its legislative interpretation power in the hope of a favourable interpretation of the relevant clauses.

This may hinder the independence of the judicial process. If the first mentioned proposal is accepted then this fear may be alleviated.

Opinion B

Legislative interpretation by the NPC would not affect the power of final adjudication of the SAR courts if legislative interpretation by the NPC does not have retroactive effect and shall not accrued rights or cases decided. interpretation and judicial different in a case, the case cannot be used as a precedent in future disputes. Thus the right of final adjudication of the SAR will not be affected.

affect acquired or If the legislative interpretation are

which party (SAR courts? PRC courts? or Committee/ court comprised of members from both SAR and PRC?) should be responsible for the constitutional review of Hong Kong legislation?

Provisions under the Joint Declaration:

"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 NPC for the record. Laws enacted by the legislature which are in accordance with the Basic Law and legal procedures shall be regarded as valid." (para 2, Section II, Annex I)

Provisions under the Chinese Constitution:

The Standing Committee of the National People's Congress has the power "to annul those local regulations or decisions of the organs of state power of provinces, autonomous regions and directly under the Central Government the Constitution, the statutes or the rules and regulations" (Article 67 (8))

municipalities that contravene administrative

that the laws

The provision in the Joint Declaration enacted by the legislature of the SAR are reported to the Standing Committee of the NPC for the record simply implies that the laws to be enacted are to be so reported. It does not include or imply a veto. A view has also been expressed that there is no veto either in the, NPC or in the

other

right of

power to