11.
Another fascinating area of interplay
relates to the interpretation of the Basic
Law. Here we have the overlap between a
common law system where interpretation of
the law rests with the courts and the
Chinese system (which is common to socialist
countries) where it rests with the
legislature, in this case the National
People's Congress.
The Joint Declaration
But
and the Basic Law provide that the HKSAR
shall have independent judicial power
including that of final adjudication.
the Basic Law itself is law not only for
Hong Kong but for the rest of China also.
Since the Basic Law is enacted by the
National People's Congress, the NPC cannot
be excluded completely from interpetation of
it. In fact the Basic Law goes a
considerable way in conferring judicial
power of interpretation of the Basic Law on
the SAR courts.
7
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