TNAG-2289-FCO40-3293-Future-of-Hong-Kong-Basic-Law-1991 — Page 166

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principles of those laws.

The second form includes other laws apart from Basic Laws such as, The Environmental Protection

Law, The Laws of Protection of Cultural Relics, Forestry Law, Trading Standards Law and so on. They are enacted upon and amended by the Standing Committee of the National People's Congress. In addition, normative (guimoxing) decisions or proclamations by the National People's Congress or its Standing Committee also belong to the sources of the law. No matter whether it is a Basic Law or some kind of law other than the Basic Law, its legal position and force yields to the Constitution, but it is superior to administrative regulations, local regulations, and other such legislation as autonomous and specific regulations.

3. Administrative Regulations of the Highest State Administrative Organs and other Normative Legal Documents

The highest executive organ of state is the State Council, that is the Central People's Government. It is the executive organ of the highest organ of state power, the National People's

People's Congress. According to our Constitution's provisions, the State Council has the power to enact Administrative regulations. This is a very important source of law. The decisions and directives promulgated by the State Council also are sources of law if they are in a standard form (guimoxing). The legal position of these various instruments is lower than that of the Constitution and the Laws and they cannot be in contravention of them. The Standing Committee of the National People's Congress has the power to revoke Administrative regulations of the State Council that are in contravention of the Constitution and the Laws.

Directives, orders and regulations of a standard nature that are issued within their competence by the various Ministries and Commissions of the State Council are also sources of law. Their legal position and force is lower not only to the Constitution and Laws but also to the Administrative regulations and Directives of the State Council. These instruments issued by Ministries and Commissions must not only be in accordance with the Constitution and the Laws, but Administrative regulations and decisions of the State Council. The State Council has the power to change or revoke inappropriate instruments issued by Ministries or Commissions.

to

Administrative regulations of the State Council and other normative legal documents have a superior position and force local regulations and other standard documents decided upon by local organs of State power. The State Council has the power to amend and revoke decisions and directives issued by local state administrative organs that are inappropriate.

4. Local regulations decided upon by local state organs and other legal documents of a standard form.

The local state organs means the organs of state power at various levels, that is to say the People's Congresses at various levels and their administrative organs, the local People's Governments. According to our Constitution and Laws, provinces, autonomous regions, municipalities directly under the central government, and cities where provincial level governments are situated, as well as larger cities which have the approval of the State Council have People's Congresses and their Standing Committees which have the power to make local regulations. Local regulations are very important for the management of particular matters in that region

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