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The interpretation of the Basic Law of the Hong Kong Special Administrative Region (HKSAR) by the Standing Committee of the National People's Congress (NPC), China's top legislature, is a natural performance of duty which should not be questioned or blamed, said a lawmaker on Thursday.
"As the supreme power organ of the state, it is an important power and duty conferred upon the NPC and its Standing Committee by the Constitution and the HKSAR Basic Law itself to interpret the HKSAR Basic Law when necessary," said Chen Zuo'er, a deputy to the 10th NPC which is holding its annual full session in Beijing.
"The interpretation of the HKSAR Basic Law by the NPC Standing Committee should be seen as an important part of Hong Kong's legal practices, as it is a natural result of the implementation of the 'one country, two systems' principle," said Chen, also executive vice-director of the Hong Kong and Macao Affairs Office under the State Council, the Chinese cabinet, on the sidelines of a full meeting of the nearly 3,000 NPC deputies on Thursday morning.
Chen pointed out that all the administrative power, legislative power and judicial power -- including the power of final instance - - of the HKSAR, were granted by the Chinese central authorities according to law. "It seems that some people don't quite understand this point or are still not so used to it, I think it is because they still stick to some obsolete concepts," he added.
The lawmaker also pointed to the fact that according to incomplete statistics, by the end of last year courts at various levels in the HKSAR had made more than 50 interpretations of the Basic Law, involving nearly one third of the total articles and clauses in the law.
"Therefore, the interpretation of the HKSAR Basic Law should be regarded as an indispensable part of the legal practices in Hong Kong," he said.
In a report on the work of the 10th NPC Standing Committee over the past year delivered at the Thursday morning full meeting, China's top lawmaker Wu Bangguo cited the Standing Committee's interpretation of the HKSAR Basic Law as one of its major legislative achievements.
(Xinhua News Agency March 9, 2006)
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