TNAG-1722-FCO40-2415-Future-of-Hong-Kong-Basic-Law-1988 — Page 36

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Work (2) The SPP's power of supreme judicial interpretation of criminal law is a special feature of the Chinese legal system.

2. The supreme judicial interpretation of criminal law is limited in its objects. The SPP and SPC have the power to interpret substantive criminal law and not to interpret procedural law. However, the substantive law includes not only the Criminal Law of the P.R.C. but also many other laws and regulations which establish criminal offenses.

3. Supreme

judicial interpretation of law has general legal effect. It has a direct guiding and binding effect on judicial and procuratorial organs at all levels in specific applications of criminal law which occur in the course of their work. Is supreme judicial interpretation binding on applications of criminal law which occur in the course of the work of the Ministry of Public Security? For a period of time after the promulgation of the 1981 Resolution (referred to above) the SPP, SPC and Ministry of Public Security jointly issued legal interpretations affecting the work of all three organs. For example, official explanations concerning frauds, rape, hooligan gangs,

joint offenses, voluntary surrenders

to authorities, etc. were jointly issued.

will

official

On November 8, 1984 the Ministry of Public Security issued an official document which stated that, "In accordance with the Resolution Concerning the Strengthening of Legal Interpretive Work promulgated by the Standing Committee of the N.P.C. from this time forward in handling problems of legal interpretation all official documents passed down by the SPP and SPC should be used as the standard, all public security organs should give them equal consideration in implementation. The Ministry of Public Security

no longer issue

documents concerning the interpretation of law." In recognizing the exclusive powers of the SPP and SPC this document is correct in spirit, however judicial interpretations issued by

SPP and SPC should be strictly implemented' rather

than given

'equal consideration implementation' by public security organs, including the Ministry of Public Security. Otherwise there will be grave inconsistencies between the work of the public security organs and the SPP and SPC with severe consequences for the national legal system. In addition Supreme judicial interpretation has binding effect on all other administrative organs whose work directly or indirectly involves the application of criminal law,

such 35 the Customs, Ministry of Taxation, State Administration of Industry and Commerce, etc.

of

the

in

The power

supreme judicial interpretation of criminal law was granted to the SPP and SPC by the country's highest legislative body. For that reason such interpretation should

be legally binding throughout the country.

2. An english translation

Stock's report on the

June

of this resolution was attached to Mr. study tour of Hong Kong government

personnel.