TNAG-1862-FCO40-2639-Future-of-Hong-Kong-Basic-Law-1989 — Page 152

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TEXT APPROVED BY MINISTERS. PASSED TO

FAC 13/iv/84.

(FAXED TO HKG, PERING, UKREP T

SUPPLEMENTARY MEMORANDUM ON PROGRESS IN IMPLEMENTING THE

SINO-BRITISH JOINT DECLARATION OF 1984 ON HONG KONG (FCO/FAC/10/89)

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Mr McLaren

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SUBMITTED BY THE FOREIGN AND COMMONWEALTH OFFICE

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Article 157 of the draft Basic Law

The Committee might appreciate further information about the interpretation of the Basic Law under Article 157 of the draft Basic Law (text attached), which the Secretary of State touched on in his oral evidence to the Committee on 22 March.

2.

Article 169 of the first draft of the Basic Law was criticised for giving too much scope to the Standing Committee of the National People's Congress (NPC) to interfere in the functioning of Hong Kong's courts. The revised draft of the relevant provision has gone a considerable way to meeting those criticisms.

Thus,

3. It is of course necessary to make provision for the resolution of disputes about the interpretation of the Basic Law. Since the Basic Law will be a law enacted by the Chinese National People's Congress, it is clearly not possible to exclude that body entirely from its normal involvement in the process of interpretation. paragraph one of Article 157 provides that the power of interpretation of the Basic Law will be vested in the Standing Committee of the NPC. It is noteworthy that the Standing Committee has the same power to interpret any other law of the PRC, including the Constitution.

4.

However, under paragraph two of Article 157, the SAR courts, in individual cases before them, will be authorised to interpret those provisions of the Basic Law which fall within the range of the SAR's autonomy and will not be required to refer to the Standing Committee in this area. The majority of the Basic Law's provisions come into

this category.

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