Research On The Power Of Interpretation Of The Basic Law Of Hong Kong

Since July 1, 1997, on which day China achieved reunification of Hong Kong, the Basic Law of Hong Kong which embodies the spirit of "one country, two systems" has been carried out in Hong Kong. Because the Mainland and Hong Kong differ greatly in both culture and legal system, there exist great controversies on the interpretation of the Basic Law. Article 158 of the Basic Law of Hong Kong stipulates that the power of interpretation of the Basic Law belongs to NPCSC. Meanwhile, it gives the Hong Kong courts some authority to partially enjoy the right to interpret the Basic Law when they make verdicts. Thus, it results in a separation of the power of final interpretation of laws and the power of final adjudication of cases. Since the implementation of the Basic Law, there have been three cases of"interpretation of the Basic Law by NPCSC". In the context of the relevant provisions of the Basic Law, the power of interpretation of the Basic Law stipulated in Article 158 can be divided into the interpretation in lawsuit and the interpretation in non-lawsuit. Considering nearly nine years of the rule of law practice, we can give greater power of interpretation to the courts of Hong Kong when coming to the interpretation in lawsuit. However, when it comes to the interpretation of the Basic Law, such as the need to explain the provisions relating to the affairs which are the responsibility of the Central People's Government or the relationship between the Central Authorities and the Region, and if the interpretation of these provisions will affect the judgment in the case, the courts of Hong Kong should appeal to the NPCSC for interpretation. If the courts do not request for an interpretation by NPCSC and make verdicts on their own, the NPCSC can make interpretations to suspend the verdicts of the courts. For the interpretation in the non-defendant cases, the Hong Kong Government should report to the State Council, who requests the NPCSC for interpretation. The two kinds of interpretation both need the self-control of the NPCSC, at the same time, the two kinds of interpretation is an integrated consideration of the basic stands of the Judiciary Department or the ExecutiveDepartment when interpreting the Basic Law, also, it is a consideration of social reflects and the political reflects, in order to maintain Hong Kong's autonomy, while maintaining the authority and unity of the Basic Law.