2. What is the influence of the Basic Law on the Hong Kong Legal System?
 
The Basic
Law of the HKSAR was enacted by the National People's Congress
in accordance with the Constitution of the People's Republic of China.
It is similar to a mini-constitution for the HKSAR. It took effect
on 1 July 1997 on the establishment of the HKSAR. The most prominent
feature of the Basic Law is the underlying principle of "one country,
two systems" whereby the socialist system and policies shall not be
practised in the HKSAR and the previous capitalist system and way of
life is to remain unchanged for 50 years.
Under the Basic Law, all the laws previously in force
in Hong Kong (including common law and statues, etc.) shall
be maintained except for any that contravene the Basic Law and subject
to any amendment by the HKSAR legislature. National laws of the People's
Republic of China shall not be applied in the HKSAR except for a number
of such laws relating to defence and foreign affairs.
The interpretation and amendment
of the Basic Law
Article 158 of the Basic Law provides that:
"The power of interpretation of
this law shall be vested in the Standing Committee of the National
People's Congress.
The Standing Committee of the
National People's Congress shall authorise the courts of the HKSAR
to interpret on their own, in adjudicating cases, the provisions
of this Law which are within the limits of autonomy of the Region.
The courts of the HKSAR may also interpret other
provisions of this Law in adjudicating cases. However, if the courts
of the Region, in adjudicating cases, need to interpret the provisions
of this Law concerning affairs which are the responsibility of the
Central People's Government, or concerning the relationship between
the Central Authorities and the Region, and if such interpretation
will affect the judgments on the cases, the courts of the Region
shall, before making their final judgments which are not appealable,
seek an interpretation of the relevant provisions from the Standing
Committee of the National People's Congress through the Court of
Final Appeal of the Region. When the Standing Committee makes an
interpretation of the provisions concerned, the courts of the Region,
in applying those provisions, shall follow the interpretation of
the Standing Committee. However, judgments previously rendered shall
not be affected.
The Standing Committee of the
National People's Congress shall consult its Committee for the Basic
Law of the HKSAR before giving an interpretation of this Law."
The power of amendment of the Basic
Law is vested in the National People's Congress. The powers to propose
bills for amendments to the Basic Law are respectively vested in the
Standing Committee of the National People's Congress, the State Council
and the HKSAR.
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