TNAG-1862-FCO40-2639-Future-of-Hong-Kong-Basic-Law-1989 — Page 3

2

required to refer to the Standing Committee in this The majority of the Dasie Law's provisiona

category.

area.

intu Llits

74

ref

to Annex 14

5.

Moreover, under paragraph three of Article 157,

(CPG)

-

the SAR courts will

will also be

be able

able to interpret the other provisions of the Basic Law, i.e. those outside the SAR's

autonomy. Those provisions are ones which concern (i)

affairs which are the responsibility of the Central People's Government

i.e. defence and foreign affairs, and (ii) affairs which concern the relationship

between the Central Authorities and the SAR, e.g. the

functions of

of the CP G 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

the court's judgment will

will be

be unappealable,

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.

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

previously rendered by

the SAR courts.