The judicial independence of Hong Kong and the National People’s Congress Standing Committee exercising its power to interpret the Basic Law can coexist.
Secretary for Justice Rimsky Yuen made the statement today after the standing committee's interpretation of Basic Law Article 104.
He said, under the country's Constitution and the Basic Law, the power is vested in the standing committee to explain legislation, including national legislation such as the Basic Law.
"Both judicial independence and interpretation can coexist, and they do coexist under our constitutional framework as housed in the Basic Law."
He said an objective manner should be adopted in looking at the interpretation.
"The explanation sets out the meaning of Article 104 in a broad sense. It sets out the principles. It is not case-specific, rather it sets out the general principles as an aid to the interpretation or understanding of Article 104."
