JOURNAL OF BEIJING UNIVERSITY OF AERONAUTICS AND A ›› 2014, Vol. 27 ›› Issue (4): 48-53.DOI: 10.13766/j.bhsk.1008-2204.2013.0262

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Investigation of the Basic Law Interpretation Mechanism Based on the Cases of Right of Abode in Hong Kong

Li Peidong   

  1. Law School, Beijing University of Aeronautics and Astronautics, Beijing 100191, China
  • Received:2013-06-05 Online:2014-07-25 Published:2014-07-23

Abstract:

In view of the difference of the interpretation system, the Article 158 of the Basic Law established a mechanism of the two-track interpretation of the Basic Law. As typical cases of the Hong Kong Court of Final Appeal referred to the NPCSC, a series of cases of the right of abode in Hong Kong have shown the conflict between two different interpretation systems, and exposed the lack of restraint to the reference to NPCSC. The paper tries to perfect interpretation mechanism of the Basic Law by clarifying the division of jurisdiction between the courts of Hong Kong and the NPCSC and by establishing the restraint mechanisms to the reference to NPCSC to interpret the Basic Law.

Key words: cases of right of abode in Hong Kong, Basic Law, power to interpret the Basic Law, referred to the NPCSC for interpretation of the Basic Law, system of restraint

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