TNAG-1722-FCO40-2415-Future-of-Hong-Kong-Basic-Law-1988 — Page 34

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1. Supreme Judicial Interpretation and Normal Judicial

Interpretation

2. Supreme Judicial Interpetation and Supreme Legislative

Interpretation

a) Different authorized bodies

b) Different content and principles

c) Different form

d) Different degrees of legal effect

3. Supreme Judicial Interpretation and Academic Interpretation

4. Supreme Judicial Interpretation and Punishment by Analogy

a) Different purposes

b) Punishment by analogy is a lower court matter

c) Different requirements for effectiveness

5. Supreme Judicial Interpretation and Case Precedents

Part III The Categorization of Supreme Judicial Interpretation

1. According to Methods of Interpretation

a) Syntactical or literal interpretation

b) Logical Interpretation

2. According to the Issuing Institution

3.

According to the Type of Problem and Form of Opinion

a) Replies to requests from subordinate bodies

b) General statements of interpretation

Part IV

Principles Which Should be Followed in Supreme Judicial Interpretation

1. Protection of the Unity and Consistency of the Legal System

(The problem of the intrusion of supreme judicial interpretation into the legislative sphere)

2. Combining Timeliness with Prudence

(The problem of issuing interpretations of law which are timely as well as being well researched and formulated)

The Scientific Character of the Formulation and Promulgation of Interpretation

(The problems of research methods, the clarity and specificity of the language of interpretation, and the secretive and disorganized publication of interpretation)