بار
Chapter 11 : Major Contents of the Basic Law (6) :
Interpretation and Amendment of the Basic Law
Objectives
After the lessons, the students should be able to :
1.
2.
identify the organizations and procedures for the interpretation of the Basic Law; and
identify the organizations and procedures for the amendment of the Basic Law.
Content Outline
I.
INTERPRETATION OF THE BASIC LAW
(1)
(2)
(3)
(4)
The power of interpretation of the Basic Law shall be vested in the Standing Committee of the NPC.
[Article 158, Para. 1]
the
The Standing Committee of the NPC shall authorize courts of the HKSAR to interpret on their own, in adjudicating cases, the provisions of the Basic which are within the limits of the autonomy of the Region. [Article 158, Para. 2]
Law
The courts of the HKSAR may also interpret other provisions of the Basic Law in adjudicating cases. However, if the courts of the HKSAR, in adjudicating cases, need to interpret the provisions of the Basic Law concerning affairs which are the responsibility of the Central People's Government, or concerning the relationship between the Central Authorities and the Region, and if such interpretation will affect the judgements on the cases, the courts of the Region shall, before making their final judgements which are not appealable, seek an interpretation of the relevant provisions from the Standing Committee of the NPC through the Court of Final Appeal of the Region. When the Standing Committee makes an interpretation of the previously concerned, the courts of the Region, in applying those provisions, shall
shall follow interpretation of the Standing
the Standing Committee. However, judgements previously rendered shall not be affected. [Article 158, Para. 3]
the
its
The Standing Committee of the NPC shall consult Committee for the Basic Law of the HKSAR before giving an interpretation of the Basic Law. [Article 158, Para. 4]
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