On The Resolution Mechanism Of The Interpretation Of "Hong Kong Basic Law" System

On July 1,1997,Hong Kong returned to the motherland and the Hong Kong Special Administrative Region was established.The Basic Law of Hong Kong began its official implementation.So far,the basic law of Hong Kong has been in operation for exactly 20 years.In the past 20 years,the Standing Committee of the National People's Congress has made five explanations,either voluntarily or passively,on the Basic Law of Hong Kong.There are loopholes in the two places because of the differences in the concepts of the rule of law,the system of legal interpretation and the methods of interpretation,as well as the principle that the Basic Law of Hong Kong provides for the interpretation of the Basic Law.This has caused all previous interpretations of the Standing Committee of the National People's Congress in Hong Kong have caused no small controversy.Therefore,we should establish a sound mechanism for resolving the conflict of power of interpretation of the "Basic Law."First of all,we should seek to exchange and move closer together on the interpretation method,strengthen the exchange and dialogue between the two places,give full play to the role of the Basic Law Commission and seek the consistency of the two interpretation methods.Second,we must make clear that the NPC Standing Committee and the Hong Kong courts To clarify the nature and origin of the NPC Standing Committee's power of interpretation of the Basic Law and the subordinate nature of the Hong Kong court's interpretation of the Basic Law,when the two clashed over the interpretation of the provisions of the Basic Law,Thirdly,the respective scope of interpretation of the Basic Law by the Standing Committee of the National People's Congress and Hong Kong courts should be refined to.make up for the loopholes stipulated in the Basic Law of Hong Kong.Fourthly,it is constitutional practice for the Chief Executive to request the State Council's request that the Basic Law be interpreted Lastly,it can make the Basic Law Commission play a role in a wider space.The Basic Law Commission can take a more active part in the activities of the interpretation of the Basic Law.At the same time,the Mainland and Hong Kong should also give full consideration to the views of the Basic Law Commission.