Law interpretation key to HK stability (China Daily) Updated: 2004-03-28 10:57
A signed article by Wang
Zhenmin was published on Friday to support interpretations by the Standing
Committee of the National People's Congress, China's top legislature, on Annex I
and Annex II of the Basic Law of the Hong Kong Special Administrative Region.
The main points of the article, named "The Necessary Action for Governing
Hong Kong by Law", are as follows:
Since last July, the Hong Kong community has conducted a wide-ranging
discussion on the issue of the political development of Hong Kong, with the
emergence of quite different understandings about relevant provisions concerning
annexes of the Basic Law, including quite a number of comments that are positive
and active as well as a few views that are not compliant to the principle of
"one country, two systems" and the original meaning of the Basic Law.
In order to clarify some major issues of principle, it is extremely necessary
and completely compliant with the Constitution, as well as the Basic Law, for
the NPC Standing Committee to give interpretations on Article 7 of Annex I and
Article 3 of Annex II of the Basic Law.
Making interpretations of the Basic Law by the NPC Standing Committee is
completely compliant with the Constitution and the Basic Law. Under the
constitutional structure of China, the NPC Standing Committee is not only a
legislative body but also has the power to make interpretations on Constitution
and laws, and it is the organization that exercises the supreme legislative
power during the adjournment of the NPC. The power to make interpretations on
the Constitution and laws is one of the important powers given to the NPC
Standing Committee by the Constitution, and it is a necessary means of the NPC
Standing Committee to exercise its duty endorsed by the Constitution to
supervise the implementation of the Constitution and laws.
In some countries and regions, the legislature is only responsible for
stipulating laws, while the duty to make interpretations on laws belongs to the
court. China has a different constitutional system. The NPC Standing Committee's
interpretations of the Constitution and laws is a way for the supreme
legislative body to implement the Constitution to exercise the country's
sovereignty. It is by this constitutional principle, Article 158 of the Basic
Law which clearly defines "the power of interpretation of this law shall be
vested in the Standing Committee of the National People's Congress."
There is a need for the NPC Standing Committee to exercise its power to
interpret the Basic Law so that the principle of "one country, two systems" and
the Basic Law could be carried out comprehensively and accurately.
A national law made by the NPC, the Basic Law is not only superior to laws of
the HKSAR but should also be implemented across the country. The making of the
Basic Law is an unprecedented move. It is natural that there are differences in
understanding the provisions of the Basic Law. When necessary, the NPC Standing
Committee will exercise its power of interpreting the Basic Law and unify
understanding of the Basic Law, which is very important in ensuring the
comprehensive and accurate implementation of the "one country, two systems"
principle and the prosperity and stability of Hong Kong.
It needs to be pointed out that interpretations of certain provisions of the
Basic Law made by the NPC Standing Committee in accordance with the law have the
same kind of power as the Basic Law itself, and should be abided by and
implemented by various parties.
The State is carrying out a fundamental national policy for ruling the
country by law, and governing Hong Kong in accordance with the Basic Law is an
important part of it. The crucial part of governing Hong Kong in accordance with
the law is to abide by the Constitution and the Basic Law in handling various
affairs.
In interpreting relevant clauses of the annexes of the Basic Law, the NPC
Standing Committee aims to put an end to confusions and differences and further
push forward comprehensive implementation of the "one country, two systems"
principle and the Basic Law. It is an imperative move for administering Hong
Kong in accordance with the law.
