Interpretation Of The "Hong Kong Basic Law" Of The NPC Standing Committee Implementation Mechanism Research

After the return of Hong Kong,under the basic policy of "one country,two systems",the economic and social development of Hong Kong Special Administrative Region has achieved remarkable achievements.Unlike the Chinese mainland,HKSAR still maintains the judicial system of common law,the power of final adjudication and the high degree of judicial independence after the reunification which make HKSAR a symbol of "rule of law" and "freedom".Among them,"Hong Kong Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China"(hereinafter referred to as " HKSAR Basic Law"),as a constitutional document in HKSAR,provides important support for the construction of the rule of law in Hong Kong.Article 158 in the Basic Law of Hong Kong stipulates that the power of interpretation of the Basic Law of Hong Kong belongs to the Standing Committee of the National People's Congress(hereinafter referred to as the Standing Committee of the National People's Congress SCNPC or Standing committee),and the Standing Committee of the National People's Congress authorizes the courts of the Hong Kong Special Administrative Region to exercise the power of interpretation of the Basic Law of Hong Kong.However,due to the obvious differences between the mainland and Hong Kong in terms of the concept of the rule of law and the judicial system,many problems have arisen in the interpretation of the Hong Kong Basic Law in practice.According to the series of right of abode cases,it can be seen that the Hong Kong courts have exceeded their authority when interpreting the Hong Kong Basic Law.The specific case is that the Hong Kong Court of Final Appeal declares that it has the right to examine whether the legislation of the National People 's Congress and its Standing Committee is in conflict with the Hong Kong Basic Law and creates the so-called "main clause".At the same time,the case also led to the question of how to define the "articles within the scope of the SAR's autonomy" and "articles concerning the relationship between the central and local governments" as stipulated in the Hong Kong Basic Law.And whether the Standing Committee of the National People's Congress can take the initiative to explain Hong Kong's Basic Law,and whether the Chief Executive of the Special Administrative Region can draw controversy on issues such as Hong Kong's Basic Law.To solve these problems,we must first analyze the differences of concepts of rule of law and interpretation methods between the Mainland and Hong Kong and analyze the reasons for the differences between the interpretation of the Standing Committee of the National People 's Congress and the understanding of the Hong Kong Basic Law by the Hong Kong courts and Hong Kong people.At the same time,we should also explore how the provisions of Article 158 of the Basic Law of Hong Kong regarding the power of interpretation should be understood and how to resolve disputes.Finally,based on the previous analysis and argumentation,we summarize the Hong Kong Basic Law to explain the mechanism implemented in Hong Kong and put forward feasible suggestions.First of all,on the basis of "two systems",more emphasis should be placed on the consciousness of "one country",and the role of the NPC Standing Committee's interpretation of law as an important part of the Hong Kong Special Administrative Region's rule of law system;Secondly,we must reduce disputes and misunderstandings;Thirdly,we can then learn from the preliminary ruling system of the European Court of Justice to ensure that the NPC Standing Committee 's power to interpret Hong Kong 's Basic Law can be better exercised;and finally,the function of the Hong Kong Basic Law Committee can be strengthened to be enabled to play a better role in coordination.