Ultimate Interpretation Authority: NPCSC
第158條第1款- The power of interpretation of the Basic Law is vested in the Standing Committee of the National People's Congress (NPCSC). Exam
- The NPCSC authorises the courts of the HKSAR to interpret, on their own, provisions of the Basic Law that concern affairs within the autonomy of the HKSAR when adjudicating cases. Exam
- When adjudicating cases, courts of the HKSAR may also interpret other provisions of the Basic Law (i.e. provisions outside the autonomous scope). Trap
- However, if interpretation of a provision concerning affairs managed by the Central Authorities or the relationship between the Central Authorities and the HKSAR is needed and the interpretation affects the outcome of a case, the Court of Final Appeal shall, before making its final judgment of no further appeal, request the NPCSC to give an interpretation. Exam
- The body that makes the referral is specifically the Court of Final Appeal (not any other court), and the referral must be made before the final judgment, not after. Trap
高頻考點
Ultimate interpretation power belongs to the NPCSC — courts only interpret by authorisation. True exam questions frequently test this as a fill-in-the-blank: answer is NPCSC, not the Court of Final Appeal, not the LegCo.
程序考點
The four-step referral procedure is a true exam question pattern: (1) CFA requests NPCSC interpretation → (2) NPCSC consults Basic Law Committee → (3) NPCSC issues interpretation → (4) HK courts apply the interpretation in the final judgment. The referring body is specifically the CFA, and referral must be before the final judgment.
易混淆
Three conditions must all apply before the CFA must refer: (1) provision concerns central affairs or central–SAR relations; (2) interpretation affects the judgment; (3) before giving a final judgment of no further appeal.
Division of Interpretation Powers
第158條| Body | Scope of interpretation | Key limit |
|---|---|---|
| NPCSC | All provisions (ultimate power) | Must consult the Basic Law Committee before interpreting |
| HK courts (on their own) | Provisions within HKSAR autonomy | Authorised by the NPCSC to interpret on their own |
| HK courts (other provisions) | May also interpret other provisions | If it concerns central affairs / central–SAR relations and affects the judgment, the CFA must refer to the NPCSC before the final judgment |
Ultimate interpretation power rests with the NPCSC (not the CFA); courts interpret autonomous provisions only by authorisation.
How it is examined
According to Article 158, which body holds the power to interpret the Basic Law?
- The Standing Committee of the National People's Congress (NPCSC)
- Courts only interpret by authorisation from the NPCSC
- Provisions on HKSAR autonomous affairs may be interpreted by courts themselves
- Provisions on central affairs must, in specified circumstances, be referred to the NPCSC by the CFA
Under what circumstances must the Court of Final Appeal refer a Basic Law provision to the NPCSC for interpretation?
- The provision concerns affairs managed by the Central Authorities or the central–SAR relationship
- The interpretation of that provision affects the outcome of the case
- The referral must be made before delivering a final judgment of no further appeal
- The referring body is the Court of Final Appeal specifically
What is the effect of an NPCSC interpretation on judgments already given before the interpretation is published?
- Judgments already given before the interpretation is published shall not be affected
- This protects the legitimate expectations of existing litigants
- Hong Kong courts shall, when applying the provision, follow the NPCSC interpretation
What is the correct procedural order after the CFA refers a provision for NPCSC interpretation?
- Step 1: The Court of Final Appeal requests the NPCSC to give an interpretation
- Step 2: The NPCSC consults the Basic Law Committee
- Step 3: The NPCSC gives an interpretation of the provision
- Step 4: Hong Kong courts apply the interpretation in giving the final judgment
