TNAG-1844-FCO40-2619-House-of-Commons-Select-Committee-on-Foreign-Affairs-enquiry-1989 — Page 27

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TRANSCRIPT B: MHONG KONG SELECT COMMITTEE MEETIN

22 MAR 89

FOREIGI SECRETARY (CDETD) ·

country, to exclude the sovereign authority altogether.

That Is

why it has been so important to limit the areas in which that

authority can be invoked.

JN. LAVRIAGE:

But is it advisory or im it binding?

FUREÍGN SECRETANT:

It is

The courts of the region, in applying those provisions, shall follow the interpretation of the Standing Committee.

as I say, as the ruling of the binding, yes, in the sam way, European Court of Justice is binding under Article 177 within the

areas of competence of Community law.

which lists the six laws

-

That is why the Annexe

Annexe 3 is of such importance, but I

think there is no escape from the fact that in a complex of jurisdiction, whether one is talking about the United States or

any other federal structure;

there must be some residual

authority left for the suprem judicial body of the federal structure, but this is why it is designed with such care.

CHAIRMAN:

I think, Secretary, your comparison with the European Court

Indeed, one of the tasks of this of Justice is illuminating. Committee later on this year will be to look at matters arising very mich in that area of this place and this House's relations with the rest of the European Community and the final authority in the Community, so I think this is a very relevant analogy.