proposals succeed must
be as a result of the above mentioned process. This sort of process is in order to ensure that amendments to the "Basic Law" are treated with the utmost seriousness.
The above limits to the power to amend the "Basic Law" and these necessary processes all are a manifestation of the integration of principle and flexibility. From point of view of principle, it is firmly maintained that the right to amend can only be exercised by the National People's Congress and that no amendment can go against the basic line and policies decided by our country for Hong Kong; on the other hand, there is flexibility in that the Standing Committee of the National People's Congress, the
the State Council, and the Hong Kong SAR all have right to make proposals for amendments to the "Basic Law". This integration of principle and flexibility ensures that amendments to the "Basic Law" adhere firmly to the principle decided by our country for Hong Kong at the same time, it pays due respect to the actual conditions in Hong Kong and the wishes of compatriots in Hong Hong.
and
Section V
d
Interpretations of the Laws in the People's Republic of China under `one country two systems'
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A) The System for Interpreting Laws in China and Hong Kong.
Legal interpretation means the the interpretation of the meaning of laws or legal instruments, of the legislature's intention or textual interpretations. Its aim is to correctly put into effect the laws and to efficaciously develop the functions of the law. All modern states have interpretation, these vary from state to state, but generally speaking the can basically be divided into two main types: one decided by the law and the other is interpretation through the study of precedent. Legally provided interpretation means interpretation made of laws or legal instruments by specially designated state organs in accordance with powers delegated to them by the Constitution and the laws. The basic characteristics of this type of interpretation are that they all have legal force. Theoretical interpretation means interpretations of the laws or legal instruments made in a theoretical or propagandistic way by the state propaganda, cultural or educational organs, or by social organizations, academic bodies, newspapers or legal workers. The basic characteristics of this sort of interpretation are that they have no binding legal force and they cannot be a basis for carrying out the law.
Interpretation laid down by law can be divided into 3 types according to the different kind of state organ involved, either the legislative interpretation, judicial interpretation or administrative interpretation. But as to which organ is in charge of interpretation each country's regulations are not the same. Some have interpretation done by legally designated organs, some have special organs so designated, and some have responsibility interpretation given specially to the judicial organs. The systems of legal interpretation in our country and that in present-day Hong Kong are completely different.
for
According to the provisions in our Constitution and Laws, the following types of state organs enjoy legal interpretation powers:
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