(iv) Legal Interpretation
means
of
With the introduction of "one country two systems" there have also
been changes on the question of the interpretation of laws. These changes have occurred both in the meaning and the concrete system the interpretation of laws. On the topic of meaning, in legal theory, we divide the interpretation of laws into legislative interpretation, judicial interpretation, and administrative interpretation.
interpretation. Legislative interpretation the interpretation of national laws made by the state legislative organs. Judicial interpretation means the interpretation made by the highest judicial organs of the state on specific questions of the proper application of the law resulting from the practice the law. Administrative interpretation means interpretation made by the highest administrative organs of the state on the concrete application of other laws which do not come under judicial or procuratorial work, and also to interpretations made in the course of exercising its powers on regulations that it has drawn up itself. Of these three types of interpretation the highest position is awarded to legislative interpretation, this interpretation has the power of the highest law. In terms of specific systems, the power of legislative interpretation is exercised by the Standing Committee of the NPC, the power of judicial interpretation is exercised by the Supreme People's Court and by the Supreme People's Procuratorate, and the power of administrative interpretation is exercised by the State Council and its main departments. The interpretation of laws in the Hong Kong SAR follows the British and American legal principles of case law and is made by judicial organs and the courts in hearing actual cases, and is somewhat different from our own judicial interpretation. Neither their legislative organs nor their administrative organs have powers of judicial interpretation. Therefore when the two types of system of legal interpretation are co-existing together there will be new problems of how to deal with contradictions arising between the two of them. As far legal principles are concerned, so long as the pre-condition maintaining the ability of the Standing Committee of the NPC to exercise the state power of legislative interpretation is maintained, it should be possible to adopt a method of partial authorisation of interpretation. In this way the powers of the central government will be duly respected, as will the autonomy of Hong Kong.
(v) Examples of the Questions of the Origin of Law
as
of
What is said to be the source of law is usually given its expression in laws. According to our Constitution, the principle components of the sources of our law are: the Constitution, laws, administrative regulations, local regulations, administrative rules and other instruments of a regulatory nature. After the introduction of `one country two systems', the sources of our law will also include the legal system of the Hong Kong SAR. According to the regulations of the Hong Kong SAR basic law, this is made of three sections. They are the basic law of the Hong Kong SAR, laws enacted by the legislative organs of the Hong Kong SAR and the pre-existing laws of Hong Kong. The pre-existing laws of Hong Kong include the common law, principles of
of equity, regulations, affiliated law, and customary law (putongfa,
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