TNAG-1844-FCO40-2619-House-of-Commons-Select-Committee-on-Foreign-Affairs-enquiry-1989 — Page 26

ES MAF '89 14:25

FROM COJ TECK PADID

TO FCO HEMS

PLSE OF

C

TRANSCRIPT B: HONG KONG SELECT COMMITTEE MEETING

22 MAR 89

FOREIGN SECRETARY (CONT}));

- 1

courts that are able to interpret the matter there, matter arises involving a conflict

but if a

or possible conflict

with

what one might call the "federal law, then they are enjoined to seek the advice of the Standing Committee of the National People's Congress through the Court of Final Appeal.

It is in relation to the potential conflict with federal law

It is for that that the federal authorities must have a say. reason that the provisions in Article 18 at which Jists very precisely the limited areas of federal law

that apply, are

SU

i

cant.

the one we just looked

*K. LAVRENCE:

Will the advice of the Standing Committee be blading or will the decision of the Court of Final Appeal in the region be able to

ignore that advien?

FOREIG】 SECRETARY:

If you look at the text of 157:

"when the Standing Committee

makes an interpretation of the provisions concerned, the courts of the region in applying those provisions shall follow the interpretation of the Standing Committee”, so that in the last resort. in the case of conflict in the areas where conflict can arise and has tu be resolved, then the provisions of the Supreme

do apply, but it would be Court if I can put it like that

-

quite impossible, granted that we are dealing with the

establishment of a special autonomous region of a sovereign