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

From July 1,1997 Hong Kong's reunification, the Basic Law of Hong Kong has been formally implemented in Hong Kong for over a decade. In this decade, it maintained social and political stability and sustained economic prosperity and development of Hong Kong. In this transformation and the transition period, there is no larger Social problem, the practice of one country Two Systems Theory is successful, and the Basic Law of Hong Kong has withstood the test. After a long-term implementation of the Basic Law, Hong Kong has also become a part of civil jurisdictions. After all, Hong Kong and the mainland belong to two different jurisdictions, so there are significant differences. The Basic Law unifies the two sides together, so the conflict and divergence is inevitable in the implementation process. In particular, the interpretation of The Basic Law is a big controversy. The Basic Law of Hong Kong stipulates that the power of interpretation of the Basic Law belong to NPCSC. The Standing Committee of the National People's Congress shall authorize the courts of the Hong Kong Special Administrative Region to interpret on their own, in adjudicating cases, the provisions of this Law which are within the limits of the autonomy of the Region. If the courts of the Region need to interpret the provisions of this Law concerning affairs which are the responsibility of the Central People's Government, or concerning the relationship between the Central Authorities and the Region, the Court of Final Appeal of the Region shall seek an interpretation of the relevant provisions from the Standing Committee of the National People's Congress. The provisions of the Basic Law are too abstract, and lack of practical experience. In reality, once appear to the explanation difference of the Basic Law, it will affect Hong Kong's legal order. Thus, the Study of The Basic Law interpretation system is both necessary and urgent.The second part of the article describes the principle of the interpretation of The Basic Law. It includes the general principles of statutory interpretation, the interpretation system of law in China, the interpretation of The Basic Law of Hong Kong, and the reference of the foreign legal interpretation system. It summaries the legal interpretation of the definitions, principles, methods and so on. And the interpretation system of law in China is NPC Standing Committee's legislative interpretation at the core, and including other judicial interpretation, administrative interpretation system to meet the legal interpretation. The main is the principal and its relationship of the Basic Law, the procedures and methods of Interpretation and advisory role of Committee for the Basic Law. It introduces the System of Interpretation of Basic Law in detail from these aspects. Because the main provisions of the Basic Law interpretation was formulated by reference to the preliminary ruling procedure of EU law, so it also makes the system a brief introduction.In the process of implementing the Basic Law, there are three examples of the NPC Standing Committee interpretation of the Basic Law. Three times to explain the mechanism of interpretation of the Basic Law provides valuable practical information, promoting the development of the Basic Law to explain the mechanism. This article in the next devoted to the background, the start, the process and the content of the interpretation of these three. It proposes four controversial points, including the obligation of Court of Final Appeal submitting to the NPC Standing Committee to interpret the Basic Law, the status and role of the Committee for the Basic Law, the rationality and legitimacy of the Special Administrative Region Government's requesting for an interpretation. And analysis that the Court submitted to the NPC Standing Committee to interpret the Basic Law of the obligations of the status and role of the Basic Law Committee, explained the Chief Executive brought to the rationality and legitimacy of the Basic Law and the four aspects of the NPC Standing Committee interpretation of the controversial initiative Point and the active interpretation of the NPC Standing Committee.At last, for the three explanations by the NPCSC and learning many aspects of legal experts, this article proposes several points about interpretation of the Basic Law. First, it defines the effectiveness and scope of the Basic Law interpretation. The effect of interpretation of the NPC Standing Committee is the most maximum, and the Court of Final Appeal of Hong Kong has no right to review. It further defines that the scope of the NPC Standing Committee interpretation of the Basic Law is not limited. The restriction is only to the Court of Hong Kong SAR. Secondly, it describes the interpretation of the Basic Law by the NPC Standing Committee procedures, including both active and passive. Active interpretation of the NPC Standing Committee is legitimate, but we do not advocate. Passive interpretation of the Court of Final Appeal also made the NPC Standing Committee interpretation of the Basic Law to fulfill the obligations of the proposal. It determines the legality of interpreted by the Chief Executive. Third, it is about the role of the Committee for the Basic Law, including Composition and independence, Prospectus Rules and Advisory role of Committee.