Research on the System of Interpretation of the Basic Law of Hong Kong

Abstract

The Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China (PRC) is implemented within the framework of the law rule, which is closely related to the Basic Law interpretation mechanism. It is stipulated in the Basic Law that the Standing Committee of the National People's Congress (NPC) has the authority of interpretation, and the Standing Committee of the NPC authorizes Hong Kong (HK) courts to have the power of interpretation when trying cases. Under the "One Country, Two Systems" policy, the common law goes on to be adopted in HK according to the Basic Law provisions. Therefore, that Law combines the background of the socialist law mechanism with Chinese features as well as the common law mechanism. The interaction and coordination between the two is an important issue in its implementation. This paper provides an overview of HK Basic Law interpretation system, and provides an overall review of the five interpretations of the National People's Congress Standing Committee since the construction of HK Special Administrative Region (HKSAR). It analyzes differences in legal interpretation rules between the two regions, and explores the connection and coordination between the two interpretation mechanisms of the NPC Standing Committee and HK courts.