TNAG-1722-FCO40-2415-Future-of-Hong-Kong-Basic-Law-1988 — Page 63

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

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the Post Office started collecting the higher fee. One of those who paid the fee was a London lawyer. He believed that the statement in parliament had no legal effect. He brought the case to the court and the court agreed with him.

As a result, not only did the lawyer get his £10 back but 25,000 other people also got their fees back. The ultimate consequence was that the English parliament had to act very quickly to make the increase

lawful.

Wang Shuman:

AG:

Bilingual laws. Xiao Weiyun:

That example is one of judicial review. What the court reviewed

is not a law but the decision made

by the Government.

The fee was being collected as if a law had been passed. The lawyer said that that was illegal because there was no law and the tax could not be collected simply because

of a policy statement. I mentioned this example to illustrate the principle that Mr Shao was concerned with. The fact that this was a policy statement was not relevant to the illustration of the principle. Essentially, it was a challenge

by a private person to the Government for the action taken by the officials.

What would happen if the Chinese version and English version of the law contradict with eath other?

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