Legitimacy and Authority: the Six Jurisprudential Corrections and Explanations of NPC’s Interpretation of the Basic Law
DU Lei1, ZOU Ping-xue2
1. Research Center for the Hong Kong Basic Law Committee of the NPC Standing Committee , Beijing, 100805;
2. Research Center for the Basic Laws of Hong Kong and Macao, Shenzhen University, Shenzhen, Guangdong, 518060
Abstract：During the interpretation practice of the Hong Kong Basic Law, NPC’s interpretation of the Basic Law has drawn questions from some Hong Kong people for political reasons. Analyzed jurisprudentially, those questions and allegations do not hold water. With the constitution, the provisions of Hong Kong Basic Law and the Hong Kong’s judicial precedents, we can strongly refute those questions and draw the following conclusions: NPC’s interpretation of the Basic Law is part of Hong Kong’s legal framework, and thus will not undermine Hong Kong’s legal framework; the relation between NPC’s interpretation and Hong Kong’s judicial independence is neither paralleled nor opposite to each other; NPC’s interpretation of the Basic Law will not jeopardise Hong Kong’s judicial independence; NPC’s interpretation power is not restricted by Hong Kong’s judicial power; NPC is entitled the power to interpret the Basic Law with proactivity, which shows that NPC makes independent interpretations of Hong Kong Basic Law and that NPC is not subject to external restrictions on provisions or the startup time; NPC’s previous interpretation of the Basic Law didn’t re-charge the law; NPC’s interpretation of the Basic Law conforms to legal procedures and interpretation rules, and has not constructed the law illegally or replaced Hong Kong’s legislation.
杜磊, 邹平学. 合法性与权威性：人大释法六大问题法理辨疑[J]. 《深圳大学学报》（人文社科版）, 2017, 34(4): 25-30.
DU Lei, ZOU Ping-xue. Legitimacy and Authority: the Six Jurisprudential Corrections and Explanations of NPC’s Interpretation of the Basic Law. , 2017, 34(4): 25-30.
2017, Vol. 34 
粤公网安备44030502007936号