| Hong Kong’s return to the motherland on July 1,1997, the Hong Kong basic law in Hong Kong has been implemented for more than ten years, Hong Kong social politics basic stability in this ten years, the economy continues to boom, in this transition and transformation period does not appear larger social issues, the exploration and practice of "one country, two systems" is successful, the basic law of Hong Kong also can stand the test. Life lies in the implementation, can correct understanding of the law, the law in accordance with the original implementation is guaranteed.Due to the mainland and Hong Kong have very different legal tradition and culture, on the implementation of the basic law of Hong Kong also appeared some problems, these problems have exposed the flaws of the Hong Kong basic law interpretation system. As prescribed in article 158 of the Hong Kong basic law of Hong Kong’s basic law explanation power belongs to the National People’s Congress (NPC), authorized Hong Kong court in a case at the same time enjoy the power of interpretation of the basic law of Hong Kong, and the court of final appeal of the Hong Kong SAR in case explanation involves the central people’s government affairs or by the provisions of the central people’s government in the Hong Kong SAR relationship, in making an appeal before the end of a sentence, shall be submitted to the standing committee of the National People’s Congress for interpretation. In Hong Kong "residence" case trial, the court of final appeal of the Hong Kong special administrative region that case involved the interpretation of the relevant provisions of the basic law of Hong Kong. Hong Kong residency belongs to the terms of the Hong Kong within the scope of "autonomy", so do not need to submit in legal interpretation of the standing committee of the National People’s Congress, and to clarify its judgment in a Hong Kong court has indisputable right of judicial review, the Hong Kong courts can review not only is Hong Kong legislative council by local law or the administrative organ’s behavior whether to conform to the basic law of Hong Kong, also can review committee of the National People’s Congress or the standing committee of the National People’s Congress legislation is in line with the basic law in Hong Kong, thus lead to the "interpretation of the basic law crisis".For this crisis can be understood as a Hong Kong after the handover of Hong Kong basic law interpretation system for the first time in application, but through the analysis we found the deep reason is belong to different jurisdictions, mainland China and Hong Kong Hong Kong basic law interpretation provisions are too general. Hong Kong special administrative region since the British colonial, influenced by the common law legal tradition, legal interpretation and application of always belong to the category of judicial power, in the process of trial, the court has the power of interpretation of the law, and in the continental law system in mainland China, according to the regulation of China’s constitution, law of our country power of interpretation belongs to the standing committee of the National People’s Congress, the legislative interpretation. In 1981, the standing committee of the National People’s Congress enacted the resolution on strengthening the legal interpretation work is laid the legal interpretation of the division of labor in our country, namely:the legislative interpretation, judicial interpretation and administrative interpretation. "Residence" case study of Hong Kong to peep at the flaws of the Hong Kong basic law interpretation system, and from the body of the interpretation right of claim should be diversified, clear the basic law of Hong Kong requested an interpretation of the procedures and the standing committee of the National People’s Congress in the Hong Kong basic law interpretation, the necessity of passive interpretation three aspects to discuss about the perfect interpretation of the basic law of Hong Kong. |
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