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

Research Article
Open access

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

Siyuan Xie 1*
  • 1 Northeast Agricultural University    
  • *corresponding author 747403117@qq.com
Published on 20 December 2023 | https://doi.org/10.54254/2753-7048/32/20230517
LNEP Vol.32
ISSN (Print): 2753-7056
ISSN (Online): 2753-7048
ISBN (Print): 978-1-83558-243-5
ISBN (Online): 978-1-83558-244-2

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.

Keywords:

the Basic Law of Hong Kong, the System of Interpretation, the NPC Standing Committee

Xie,S. (2023). Research on the System of Interpretation of the Basic Law of Hong Kong. Lecture Notes in Education Psychology and Public Media,32,33-37.
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References

[1]. Jie Cheng. On Hong Kong's Judicial Power under the Two-Track Politics - A Reconsideration under the Constitutional Dimension[J]. China Legal Science. 2006(05):47-59.

[2]. Chandao Li. An Analysis of the Mechanism for Interpreting the Basic Law of Hong Kong[J]. Fudan Journal (Social Sciences Edition). 2008(03):62-70.

[3]. Pingxue Zou. Ruminations on the Basic Features of the Mechanism for Interpreting the Basic Law of Hong Kong[J]. Law Science.2009(05):119-123.

[4]. HaiLin Liu. Article 158 of the Hong Kong Basic Law: Drafting process, normative meaning, and interpretative practice [J]. Journal of the East China University of Politics & Law.2020,23(05):45-57.

[5]. Zhiming Li. The Standing Committee of the National People's Congress explains the national governance functions of the Hong Kong Basic Law [J]. Huxiang forum.2018,31(05):126-134.

[6]. Xiaonan Yang. Interpret the Hong Kong Basic Law from the Perspective of the Relationship between the Central Authorities and the Local Authorities [J]. Zhejiang Social Sciences.2020(10):44-53+157.

Cite this article

Xie,S. (2023). Research on the System of Interpretation of the Basic Law of Hong Kong. Lecture Notes in Education Psychology and Public Media,32,33-37.

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About volume

Volume title: Proceedings of the International Conference on Global Politics and Socio-Humanities

ISBN：978-1-83558-243-5(Print) / 978-1-83558-244-2(Online)
Editor：Enrique Mallen, Javier Cifuentes-Faura
Conference website: https://www.icgpsh.org/
Conference date: 13 October 2023
Series: Lecture Notes in Education Psychology and Public Media
Volume number: Vol.32
ISSN：2753-7048(Print) / 2753-7056(Online)

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References

[1]. Jie Cheng. On Hong Kong's Judicial Power under the Two-Track Politics - A Reconsideration under the Constitutional Dimension[J]. China Legal Science. 2006(05):47-59.

[2]. Chandao Li. An Analysis of the Mechanism for Interpreting the Basic Law of Hong Kong[J]. Fudan Journal (Social Sciences Edition). 2008(03):62-70.

[3]. Pingxue Zou. Ruminations on the Basic Features of the Mechanism for Interpreting the Basic Law of Hong Kong[J]. Law Science.2009(05):119-123.

[4]. HaiLin Liu. Article 158 of the Hong Kong Basic Law: Drafting process, normative meaning, and interpretative practice [J]. Journal of the East China University of Politics & Law.2020,23(05):45-57.

[5]. Zhiming Li. The Standing Committee of the National People's Congress explains the national governance functions of the Hong Kong Basic Law [J]. Huxiang forum.2018,31(05):126-134.

[6]. Xiaonan Yang. Interpret the Hong Kong Basic Law from the Perspective of the Relationship between the Central Authorities and the Local Authorities [J]. Zhejiang Social Sciences.2020(10):44-53+157.

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