TNAG-1846-FCO40-2621-House-of-Commons-Select-Committee-on-Foreign-Affairs-enquiry-1989 — Page 73

5. Moreover, under paragraph three of Article 157, the SAR courts

will also be able to interpret the other provisions of the Basic

Law, ie those outside the SAR's autonomy. Those provisions are ones

which concern:

(i) affairs which are the responsibility of the

Central People's Government (CPG) ie defence and foreign

affairs, and the six national laws which will be applied

directly in the SAR (those referred to in paragraph two of

Article 18 and set out in Annex III); and

(ii) affairs which concern the relationship between

the Central Authorities and the SAR, eg the functions of

the CPG in relation to the Chief Executive (Articles 43,

45 and 72 (9)).

But, where a judgment of the SAR courts would be affected by their

interpreting those provisions, and the court's judgment will be

final, the courts will be required to seek an interpretation of the

relevant provisions (and follow that interpretation) from the

Standing Committee of the NPC. The SAR courts will then decide upon

the individual case themselves in the light of the Standing

Committee's interpretation. This procedure will be akin to that

provided for by Article 177 of the Treaty of Rome.

6. In addition to conferring on the Hong Kong courts the power to

interpret those provisions within the SAR's autonomy, Article 157

will limit the Standing Committee's power of interpretation in the following ways:

(i)

Interpretations given by the Standing Committee will not

affect judgments previously rendered by the SAR courts.

(ii) Before the Standing Committee gives an interpretation of the

Basic Law, it will be obliged to consult the Committee for the Basic

Law, half of whose members will be from Hong Kong.