TNAG-1846-FCO40-2621-House-of-Commons-Select-Committee-on-Foreign-Affairs-enquiry-1989 — Page 132

WOZAPK

Mr Paul, HKD

CONFIDENTIAL

ARTICLE 157 OF THE DRAFT BASIC LAW

FROM: P Fifoot

Legal Advisers

DATE: 5 April 1989

E

1. The proof copies of the Secretary of State's statement to the FAC on 22 March disclose certain inaccuracies as regards Article 157 of the Basic Law. These will, I think, need to be corrected. I set out below the substance of a text for this purpose; you will wish to consider how to top and tail it. I have put in, in square brackets, comments only for circulation in the FCO (i.e. not for inclusion in

any text that is sent to the FAC).

S

"As we understand it the law of China recognises two kinds of

interpretation legislative interpretation and judicial inter- pretation. The former permits the relevant political organ to give interpretations of the relevant law. (In the case of the PRC Constitution and basic statutes which will include the

Basic Law the appropriate organ is the Standing Committee of the National People's Congress under Art. 67(1) and (4) of the PRC Constitution). Such interpretations may supplement existing law as well as determine its meaning, but must be consistent with the purposes and principles of the relevant law. [Shao Tianren to PF; but the decisions of the Standing Committee as regards the Criminal Law which are of an interpretative character give some indication of the extent of the power]

Judicial interpretation is the power conferred on the courts to interpret the law in specific cases. A resolution of the

Standing Committee of the NPC dated 10 June 1981 states

CONFIDENTIAL