Law interpretation key to HK stability
(China Daily)
Updated: 2004-03-28 10:57

The main points of the article, named "The Necessary Action for Governing Hong Kong by Law", are as follows:

Since last July, the Hong Kong community has conducted a wide-ranging discussion on the issue of the political development of Hong Kong, with the emergence of quite different understandings about relevant provisions concerning annexes of the Basic Law, including quite a number of comments that are positive and active as well as a few views that are not compliant to the principle of "one country, two systems" and the original meaning of the Basic Law.

In order to clarify some major issues of principle, it is extremely necessary and completely compliant with the Constitution, as well as the Basic Law, for the NPC Standing Committee to give interpretations on Article 7 of Annex I and Article 3 of Annex II of the Basic Law.

Making interpretations of the Basic Law by the NPC Standing Committee is completely compliant with the Constitution and the Basic Law. Under the constitutional structure of China, the NPC Standing Committee is not only a legislative body but also has the power to make interpretations on Constitution and laws, and it is the organization that exercises the supreme legislative power during the adjournment of the NPC. The power to make interpretations on the Constitution and laws is one of the important powers given to the NPC Standing Committee by the Constitution, and it is a necessary means of the NPC Standing Committee to exercise its duty endorsed by the Constitution to supervise the implementation of the Constitution and laws.

In some countries and regions, the legislature is only responsible for stipulating laws, while the duty to make interpretations on laws belongs to the court. China has a different constitutional system. The NPC Standing Committee's interpretations of the Constitution and laws is a way for the supreme legislative body to implement the Constitution to exercise the country's sovereignty. It is by this constitutional principle, Article 158 of the Basic Law which clearly defines "the power of interpretation of this law shall be vested in the Standing Committee of the National People's Congress."

There is a need for the NPC Standing Committee to exercise its power to interpret the Basic Law so that the principle of "one country, two systems" and the Basic Law could be carried out comprehensively and accurately.

A national law made by the NPC, the Basic Law is not only superior to laws of the HKSAR but should also be implemented across the country. The making of the Basic Law is an unprecedented move. It is natural that there are differences in understanding the provisions of the Basic Law. When necessary, the NPC Standing Committee will exercise its power of interpreting the Basic Law and unify understanding of the Basic Law, which is very important in ensuring the comprehensive and accurate implementation of the "one country, two systems" principle and the prosperity and stability of Hong Kong.

It needs to be pointed out that interpretations of certain provisions of the Basic Law made by the NPC Standing Committee in accordance with the law have the same kind of power as the Basic Law itself, and should be abided by and implemented by various parties.

The State is carrying out a fundamental national policy for ruling the country by law, and governing Hong Kong in accordance with the Basic Law is an important part of it. The crucial part of governing Hong Kong in accordance with the law is to abide by the Constitution and the Basic Law in handling various affairs.

In interpreting relevant clauses of the annexes of the Basic Law, the NPC Standing Committee aims to put an end to confusions and differences and further push forward comprehensive implementation of the "one country, two systems" principle and the Basic Law. It is an imperative move for administering Hong Kong in accordance with the law.

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