TNAG-2168-FCO40-3105-House-of-Commons-Foreign-Affairs-Committee-inquiry-into-Hong-1990 — Page 78

INTERPRETATION OF THE BASIC LAW

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The power of interpretation of the Basic Law is vested in

the Standing Committee of the National People's Congress. This is only to be expected since the NPC enacted the law.

However, the final version of the Basic Law has gone a

considerable way in conferring judicial power of interpretation of the Basic Law on SAR courts. (Hong Kong courts are required to refer to the Standing Committee for an interpretation only on matters within the CPG's competence or on the relationship between the centre and the

SAR and if such an interpretation would affect the court's

final judgement).

- We urged the Chinese to add to Article 158 an express

requirement that an interpretation shall not contravene the

established basic policies of the PRC regarding Hong Kong.

They maintain that this is unnecessary, since the preamble to the Basic Law states that the object of the Basic Law is

to enact the policies of the PRC regarding Hong Kong and no

interpretative power can go outside the object of legislation.

RIDAFO/9