TNAG-1722-FCO40-2415-Future-of-Hong-Kong-Basic-Law-1988 — Page 61

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Wang Shuman:

When the law ceases to be effective,

it is only in a frozen state and is not repealed. The invalidation of the law is to be passed by the

Diet.

AG:

Shao Tianren:

The system in Hong Kong is different.

Courts are empowered to make decisions and there is no mechanism whereby

a court provisionally declares a law to be repugnant and remit that question to the legislature.

Let me cite a hypothetical case.

The Hong Kong Legislative Council

passed a motion to increase the

cross-harbour tunnel toll. The

law was passed and implemented.

Then a driver or an owner of a car

suggested to the Court that that is not right and the Court agreed with him, declaring that the law

concerning the increased toll to

be invalid. Now that the court

had decided on the case and the

driver or car owner had won. Is

the law repealed immediately and any other persons who pass through the tunnel will not have to pay

the increased toll?

AG:

We have to be very careful in considering the context in which we are talking about repugnancy. We are talking about repugnancy here between the

Hong Kong Ordinance and an English Act of Parliament, i.e. one of

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