TNAG-1722-FCO40-2415-Future-of-Hong-Kong-Basic-Law-1988 — Page 64

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AG:

Lu Ping:

What the law says is that: where there is a comparison between the authentic text and that comparison reveals a difference in meaning

and that difference cannot be resolved by the normal rules of interpreting statute, then the meaning that should be adopted is the one best reconciles the text, having regard to the objective of the law. In other words the

court will examine what is the object

or purpose of the law and look at

the discrepancy, put the two together and extract the meaning.

There is a Printer's note on the

sample Bill, saying that the Chinese text is not part of the Bill and only the English text is intended for enactment.

AG:

At the moment we have not implemented the new law. We are familiarising ourselves and the public with Bilingual

laws. Bilingual Bills have been

prepared to make sure the system

work well and to get ourselves ready

for the fully authentic bilingual law next year.

Power of interpretation

Xiao Weiyun:

Judges have the great power to interprete law and they may even change the law.

Can they change also the doctrine embodied in previous judgments?

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