CONFIDENTIAL
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. However, if the courts of the Region, 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 judgements on the cases, the courts of the Region shall, before making their final judgements 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, judgements 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."
It is argued that this is not consistent with the JD because it conflicts with JD58 which provides that "the judicial system previously practised in Hong Kong shall be maintained except for those changes consequent upon the vesting in the courts of the [HKSAR] of the powers of final adjudication"; JD9, which confers on the HKSAR "independent judicial power, including the power of final adjudication"; and JD60, which provides that the courts shall exercise judicial power "free from any interference".
This is not the view we have taken. There are a number of difficult issues as regards Article 157, but it has to be remembered that the BL is the law of mainland China as well as of the HKSAR and in that respect falls under what passes for constitutional law in China. China, like all Communist countries provides for the interpretation of its principal laws by a high political organ, in the case of China the Standing Committee of the NPC, the supreme organ of power. As a law of China, the BL is no exception. Further,
Further, it can hardly be expected that any sovereign state will be prepared to allocate the power to decide differences between itself and a component region to an organ of the region or indeed other than to an organ of the centre. If it were allocated to a judicial organ,
CONFIDENTIAL
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