How red is
arry of Mis?
ARTICLE 157 STILL INADEQUATE?
Since Basic Law drafting process is effectively on ice, see little point in discussing specific articles. But will certainly wish to review this area when drafting process resumes.
[If pressed]:
Must remember that Hong Kong after 1997 will be a Special
Administrative Region of China, not an independent or federal
territory.
Some provision for resolving disputes on interpretation of Basic Law had to be made: would be unreasonable to expect sovereign
authority to divorce itself entirely from such a process.
Revised draft has gone some way in conferring judicial powers of interpretation on SAR organs. Hong Kong courts are to be authorised to interpret on their own those provisions of Basic Law
falling within range of SAR's (extensive) authority.
Hong Kong's courts will also be able to interpret other
provisions (ie those relating to defence and foreign affairs, or
relations between the Central Authorities and the SAR). But they
may need to refer to Standing Committee of National Peoples Congress if in their view such an interpretation is required for a final judgement to be made.
Article 81 and 84 make clear that there will be independent
judicial power in Hong Kong, including that of final adjudication.
ALDABC(13)
No comments yet.
Private notes are available after approval.