TNAG-1846-FCO40-2621-House-of-Commons-Select-Committee-on-Foreign-Affairs-enquiry-1989 — Page 97

WOZAPK

SUPPLEMENTARY MEMORANDUM ON PROGRESS IN IMPLEMENTING THE

SINO-BRITISH JOINT DECLARATION OF 1984 ON HONG KONG

(FCO/FAC/9/89)

ARTICLE 157 OF THE DRAFT BASIC LAW

1. The Committee might appreciate further information about the

interpretation of the Basic Law under Article 157 of the draft text,

which the Secretary of State touched on in his oral evidence to the

Committee on 22 March.

2.

-

The law of the People's Republic of China (PRC) recognises two kinds of interpretation: legislative interpretation and judicial interpretation. 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 (NPC) under Article 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.

3. 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 "Interpretation of

questions involving the specific application of laws and decrees shall be provided by the Supreme Court". (Other subordinate organs

may also enjoy a power of interpretation in the "specific

application of laws" e.g. the Supreme People's Procuratorate and

the State Council)

•

4.

Article 157 of the Basic Law is consistent with Article 67 of

the PRC Constitution in stating that the power of interpretation is

vested in the Standing Committee. As with the resolution of 10 June

1981, it provides that the courts of the SAR may interpret the Basic Law "in adjudicating cases before them". This power of the courts