Xiaonan Yang and Hualing Fu on Revisiting Legislative Interpretations in China and the Implications for Hong Kong (HKLJ)

"Revisiting Legislative Interpretations in China and the Implications for Hong Kong"

Xiaonan Yang (PhD 2009) and Hualing Fu

Hong Kong Law Journal

Vol 49, Part 1 of 2019, pp 357-380

Abstract: The Standing Committee of the National People’s Congress (NPCSC) has the power both to interpret the Basic Laws in the Hong Kong and Macau and to promulgate legislative interpretation in Mainland China. This article aims to provide an update on legislative interpretation in China. The NPCSC has gradually improved legislative interpretations by standardising its interpretation procedure and by ensuring substantive conformity within a broader legal scheme. Nevertheless, the NPCSC still lacks necessary elaboration on the conditions and methodologies of its interpretations. Upon closer examination of the history of legislative interpretation, it may be found that its practice has evolved and continues to change. Therefore, this may require Hong Kong courts to follow its process closely and understand its institutional function in a better way.