TNAG-1722-FCO40-2415-Future-of-Hong-Kong-Basic-Law-1988 — Page 39

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books and pictures". In July 1985 the SPC issued an official explanatory reply which stated that the organizing of showings of pornographic videos, films,

slides, etc. is also a criminal

offense punishable under Article 170. (3)

A restricting analysis is a logical interpretation of

the

limitations contained in the words of the statute. For example, in 1993 the SPP and SPC jointly issued an official document which stated that the heavier punishment provisions of Article 191 (2) of the Criminal Law, which do not contain the usual requirement that "the circumstances be odious and the consequences severe" are limited to punishments imposed under that article (and ar therefore not open to punishment by analogy).

2. Supreme judicial interpretation can be divided according to the

organ

which issues the interpretation. The

SPC issues interpretations which concern specific applications of law which arise in the course of trial work and which have a direct guiding and binding effect on national judicial work. The SPP issues interpretations which concern specific applications of law which arise in the course of procuratorial work and have a direct guiding and binding effect on national

procuratorial work. Where applications of law concern both judicial and procuratorial work the interpretation is issued by both the SPC and SPP with binding effect on both fields. These interpretations also include the opinions of lower level judicial or procuratorial organs which are endorsed and circulated by the SPC or SPP.

3. Supreme judicial interpretation can also be divided according to the type of problem and the form of the opinion:

a) Replies to requests for instructions from lower level organs are usually contained in 'explanations' (pifu),

(pifu), letter replies' 7 'telephone replies', etc. These are directed at requests for explanations or instructions concerning the application of law in a particular case. They are not only significant as case models but also have direct guiding and binding effect on national judicial or procuratorial organs when dealing with similar problems.

+

་

+

b) Statements of interpretation issued as official documents,

explanations'

circulars

opinions', official documents issued occurrence of type of

including

(jieda), 'replies 'provisions etc. These are by the SPP and SPC in response to the

J

*

It is interesting to

note that this particular judicial interpretation was criticized as an improper assumption of legislative power in amending the Criminal Law by Mr. You Wei of the East China Institute of Politics and Law (a Ministry of Justice key school) in his article "Improve the Supervision of the Judicial Interpretation of Criminal Law" in the January 25, 1988 issue of the Shanghai Legal News.

I gave a photocopy of this article to Mr. Ho during the Hong Kong legal study tour.