TNAG-2118-FCO40-3024-Future-of-Hong-Kong-general-1990 — Page 53

They are authorised to interpret on

their own those provisions of the Basic

Law falling within the scope of the

SAR's autonomy.

Easily the majority of

the Basic Law provisions come into this

category.

-

Hong Kong courts will also be able to

interpret provisions which fall outside

the SAR's autonomy, but their power is

qualified. When the Hong Kong courts

need an interpretation of matters within

the CPG's competence (defence and

foreign affairs) or concerning the

relationship between the centre and the

SAR and if such an interpretation would

affect the final judgment they must

first refer to the central authorities.

12. This represents a workable solution to

the problem of accommodating a Special

Administrative region with a high degree of

autonomy and its own legal system within the

ambit of a socialist country with a

completely different legal system.

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