TNAG-1865-FCO40-2646-Legal-system-in-China-1989 — Page 34

d) In certain circumstances the NPC Standing Committee will pass a resolution which provides for the specific application of treaty provisions, Such

the Decision Of the NPC Standing Committee Concerning the Exercis of Criminal Jurisdiction over Crimes Provided for in International Treaties Concluded by or Participated in by the People s Republic of China, passed on June 23 1987; and

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to issue administrative notices explaining

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e) Where there is no existing Chinese 1 aw governing

matter in which China has assumed treaty obligations, the normal practice is for the State Council China's obligations under

newly concluded treaty These notices Bre distributed internally to the foreign affairs offices of important government departments throughout the country. In some cases the State Council will draft a national law for passage by the NPC Standing Committee that embodies the content of a treaty such as the Regulations on Diplomatic Privileges and Immunities, which is subject to the provisions of international treaties.

戲

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NPC Standing Committee

The formal requirements of Chinese law for the interpretation of treaty provisions afe relatively comp lex. Put in simple terms, any treaties Or agreements ratified by the subject to interpretation by the Committee. Any other treaties or agreements which have only required conclusion by the State Council subject to its interpretation. In practice, in all cases the work of interpretation is the responsibility of the Ministry of Foreign

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are

Affairs in particular the Laws and Treaties Section of the MFA. Where technical matters are involved other government departments may participate in the work. According to Mr. Liu, China has no general procedures governing the interpretation process.

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On

y

related matter. Mr. Liu commented that the China International Law Society publishes the Chinese Yearbook of International Law

(Chinese edition only, except for

excerpt volumes in English). The

Society is not formally associated with the Ministry of Foreign Affairs, however several MFA officials hold positions in the Society and have submitted articles to the Yearbook.