TNAG-1862-FCO40-2639-Future-of-Hong-Kong-Basic-Law-1989 — Page 153

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.