Re: 人大啟動釋法乃違反基本法 -- 香港自由派基督教留言版 Liberal Christian Forum of Hong Kong

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Subject: Re: 人大啟動釋法乃違反基本法

Author:
XOX

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Date Posted: 10:30:10 04/26/04 Mon
In reply to: Liberal 's message, "人大啟動釋法乃違反基本法" on 00:22:52 04/02/04 Fri

Your view is shared by HKU law professors.

According to the lawyer in China, the Standing Committee has the right to interpretate the law if requested. The interpretation or added on of the law would be view, according to Chinese law, as the same as the law itself.

For Hong Kong, there wouldn't be any legitimate reasson for the interpretation because Hong Kong law has the British Common Law structure and background.

The problem of interpretating the Basic Law, has broguht out the following problems.

1. It lack the transparancy of any law interpretation where different points of views are being presented and argued in the court of Law.

2. To be able to argue the Basic Law, one would need a Consitutional Court where experts would present their views. Such Consitutional Court doesn't exist in Hong Kong or China.

3. The Basic Law were formulated and written by various authority that it wasn't given any specification of who authoritize the Basic Law. If the Standing Committee has the 'power' to 'over-ride' or 'add-on' to the Basic Law, it has given the Standing Committee too much power in making law. It brings out the questions of how to regualate the Standing Committee as it seems to have unlimited power over the Baisc Law.

For further study of the Basic Law, we could turn our attention to Basic Law Article 159. And also the Chinese Consitution Article 31.

For the problems that were created by the interpretation of the Standing Committe over the Basic Law.

Only two Articles were directly related to the election of CEO and Legco memebers. Article 45 and 68.

The 9 factors that Tung's given in his report, only some 'factors' were related to Article 45 and 68.

Further, the view and the wished of Hong Kong people were only present as 'one of the factors'. It should be the most important factor as Tung was supposed to represent Hong Kong people to negotiate the future election process of Hong Kong.

More on this later.

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Replies:

Subject	Author	Date
Re: 人大啟動釋法乃違反基本法 - New Forum	XOX	11:17:52 04/26/04 Mon