TNAG-1862-FCO40-2639-Future-of-Hong-Kong-Basic-Law-1989 — Page 62

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

Problem

CONFIDENT

19

Preferred Redraft

It is proposed that para. 2 should be

revised as follows:

"The courts of the Hong Kong SAR may 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 last 2 sentences of para. 3 should be recast into a new separate paragraph as

follows:

"When the Standing Committee of the

NPC gives an interpretation of a provision of this Law concerning affairs which are

the responsibilities of the CPG or the

relationship between the Central

Authorities and the Hong Kong SAR, the courts of the Region, in applying that provision, should follow the interpretation

by the Standing Committee of the NPC.

However, judgments previously rendered

shall not be affected."

CONFIDENTE:

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