344
14 June 1989]
MINUTES OF EVIDENCE TAKEN BEFORE
It is also our understanding that:
[Continued
(i) Under Chinese legal principles, any interpretation of the Basic Law given by the Standing Committee under Article 157 must be consistent with the overall purposes and principles of the Basic Law.
(ii) Interpretations given by the Standing Committee under Article 157 will not amount to some kind of restrail of cases heard in the SAR courts. They will be restricted to interpretations of the relevant provisions of the Basic Law described in paragraph 5 above. Thus, the Standing Committee will not be a Court of Appeal from the Hong Kong courts. The Hong Kong SAR will, under the Joint Declaration and the Basic Law, enjoy independent judicial power, including that of final adjudication.
EXTRACT FROM THE DRAFT BASIC LAW
ANNEX
Chapter VIII: Interpretation and Amendment of the Basic Law
Article 157
The power of interpretation of this Law shall be vested in the Standing Committee of the National People's Congress.
The Standing Committee of the National People's Congress shall authorise the courts of the Hong Kong Special Administrative Region to interpret on their own, in adjudicating cases before them, the provisions of this Law which are within the limits of the autonomy of the Region.
The courts of the Hong Kong Special Administrative Region may also interpret other provisions of this Law in adjudicating cases before them, need to interpret the provisions of this Law concerning affairs which are the responsibility of the Central People's Government, or the relationship between the Central Authorities and the Region, and if such interpretation will affect the judgments on the cases, the courts of the Region shall, before making their final judgments which are not appealable, seek an interpretation of the relevant provisions from the Standing Committee of the National People's Congress through the Court of Final Appeal of the Region. When the Standing Committee makes an interpretation of the provisions concerned, the courts of the Region, in applying those provisions, shall follow the interpretation of the Standing Committee. However, judgments previously rendered shall not be affected.
The Standing Committee of the National People's Congress shall consult its Committee for the Basic Law of the Hong Kong Special Administrative Region before giving an interpretation of this Law.
Article 158 -
The power of amendment of this Law shall be vested in the National People's Congress.
The power to propose amendments to this Law shall be vested in the Standing Committee of the National People's Congress, the State Council and the Hong Kong Special Administrative Region. Amendment proposals from the Hong Kong Special Administrative...
However, if the Color of the Region, in
Iuct faduation cases before them,
No comments yet.
Private notes are available after approval.