The Deficiency And Improvement Of Article 158th The Basic Law Of Hong Kong

On July 1st,1997, Hong Kong was reunified, meanwhile, the basic law of the Hong Kong special administrative region began to implement in Hong Kong. Because of the distinctive cultures and legal systems between mainland of China and Hong Kong, Article 158 of the Basic Law about the interpretation system of the Basic Law has always been controversial. Article 158 of Basic Law stipulate that the right of interpretation of the Basic Law belong to the NPC Standing Committee, but at the same time the right to interpret the Basic Law is granted to the Hong Kong courts in adjudicating cases, which make the ultimate right to interpret the law separate to the final adjudication power to case. Concerning the dissension between them, how to properly resolve the problem of conflict of Basic Law interpretation, maintaining "one country, two systems" great practice in the context of our country is very important. Based on comparing the power of interpret the Article 158 of the Hong Kong Basic Law between NPC Standing Committee and the Hong Kong courts, then analysis of the "Basic Law" in interpreting the procedural problems, combined with "one country two systems" Theory and practice of interpreting the Basic Law three times, proposal explaining Basic Law was put forward to perfect the Hong Kong Basic Law.