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21.
A further section (223-235) dealt with interpretation and amendment of the Basic Law. This discusses the difference between Chinese practice where the legislature is responsible for enactment as well as interpretation of the law and the common law system where practiced is that the courts interpret the law. After 1997, the common law will continue to be practiced and the practice of courts interpreting the law will be maintained but the NPC Standing Committee also has powers to interpret the law since the Basic Law is a national law enacted by the NPC. Interpretation of the laws by the Standing Committee of the NPC is confined to clarification of the scope and content of provisions of the law. The question of how a case should be specifically handled is not involved. The courts of SAR can interpret on their own provisions of the Basic Law which are within the limits of the autonomy of the region, which in practice means that they can interpret the majority of the provisions of the Basic Law in adjudicating cases. The main restriction is on those affairs which are the responsibility of the CPG or concerning the relationship between the Central Authorities and the Region. avoid the situation where the interpretation of the courts of the SAR concerning the interest of Central Authorities does not conform with that of the Standing Committee of the NPC, the method of seeking interpretation from the Standing Committee of the NPC for making final judgment has been adopted. This idea was taken from the European Community.
To
22. Section IV (236-260) goes again over the the ground of the high degree of autonomy enjoyed by the SAR. The autonomy which the SAR enjoys originates from authorization by the Central Government, which is a completely different concept from the separation of powers. Under the concept of authorization, the power enjoyed by the authorizee is confined to the powers delegated, powers which are not delegated are held by the holder of the authority. This concept is then illustrated with regard to the executive powers enjoyed the the SAR, legislative powers
(241-248), judicial powers (248-252) and power to conduct external affairs on its own (253-259). The legislative power of the SAR was described as a genuine legislative power much greater than that enjoyed by autonomous regions in China. The laws must be reported to the Standing Committee of the NPC for the record and that the Standing Committee, after going through due procedures, may return the law in question but not amend it. The provisions do not specify how the SAR should deal with such a problem as that is a question within the legislative power of the SAR. Laws returned by the Standing Committee of the NPC shall be invalidated. The section on judicial authority contain some discussion of the question of jurisdiction over acts of state.
23.
The final section of the chapter (260-267) deals with legal relations under 'one country, two systems' between Hong Kong and the rest of China. It discusses the relationship between the Constitution and the Basic Law again it is argued that the Basic Law is enacted in accordance with the Constitution and that the Constitution as a whole applies to the SAR, although certain specific provisions, mainly on socialist systems and policies,
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