A signed article by Wang Zhenmin was published Friday to support
the interpretations, by the Standing Committee of the National
People's Congress, China's top legislature, on Annex I and
Annex II of the Basic Law of the Hong Kong Special Administrative
Region.
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The main points of the article, named "The Necessary Action for
Governing Hong Kong by Law", are as follows:
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Since last July, the Hong Kong community has conducted a
wide-ranging discussion on the issue of the political development
of Hong Kong, with the emerging of quite different understandings
about relevant provisions concerning annexes of the Basic Law,
including quite a number of comments that are positive and active
as well as a few views that are not compliant to the principle of
"one country, two systems" and the original meaning of the Basic
Law. In order to clarify some major issues of principle, it is
extremely necessary and completely compliant with the Constitution,
as well as the Basic Law, for the NPC Standing Committee to give
interpretations on Article 7 of Annex I and Article 3 of Annex II
of the Basic Law.
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Making interpretations of the Basic Law by the NPC Standing
Committee is completely compliant with the Constitution and the
Basic Law. Under the constitutional structure of China, the NPC
Standing Committee is not only a legislative body but also has the
power to make interpretations on Constitution and laws, and it is
the organization that exercises the supreme legislative power
during the adjournment of the NPC. The power to make
interpretations on the Constitution and laws is one of the
important powers given to the NPC Standing Committee by the
Constitution, and it is a necessary means of the NPC Standing
Committee to exercise its duty endorsed by the Constitution to
supervise the implementation of the Constitution and laws. In some
countries and regions, the legislature is only responsible for
stipulating laws, while the duty to make interpretations on laws
belongs to the court. China has a different constitutional system.
The NPC Standing Committee's interpretations of the Constitution
and laws is a way for the supreme legislative body to implement the
Constitution to exercise the country's sovereignty. It is by this
constitutional principle, Article 158 of the Basic Law clearly
defines, "The power of interpretation of this law shall be vested
in the Standing Committee of the National People's Congress."
There is a need for the NPC Standing Committee to exercise its
power to interpret the Basic Law so that the principle of "one
country, two systems" and the Basic Law could be carried out
comprehensively and accurately.
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A national law made by the NPC, the Basic Law is not only superior
to laws of the HKSAR but should also be implemented across the
country. The making of the Basic Law is an unprecedented move. It
is natural that there are differences in understanding the
provisions of the Basic Law. When necessary, the NPC Standing
Committee will exercise its power of interpreting the Basic Law and
unify understanding of the Basic Law, which is very important in
ensuring the comprehensive and accurate implementation of the "one
country, two systems" principle and the prosperity and stability of
Hong Kong.
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It needs to be pointed out that interpretations of certain
provisions of the Basic Law made by the NPC Standing Committee in
accordance with the law has the same kind of power as the Basic Law
itself, and should be abided by and implemented by various
parties.
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The state is carrying out a fundamental national policy of ruling
the country by law, and governing Hong Kong in accordance with the
Basic Law is an important part of it. The crucial part of governing
Hong Kong in accordance with the law is to abide by the
Constitution and the Basic Law in handling various affairs.
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In interpreting relevant clauses of the annexes of the Basic Law,
the NPC Standing Committee aims to put an end to confusions and
differences and further push forward comprehensive implementation
of the "one country, two systems" principle and the Basic Law. It
is an imperative move for administering Hong Kong in accordance
with the law.
(Xinhua News Agency March 26, 2004)