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Leading justice official answers key questions on the Basic Law
(China Daily)

From humble beginnings to the top of the judicial ladder, Wong Yan-lung is for many the embodiment of the Hong Kong dream. The leading justice official talks to China Daily reporter Wu Jiao about the Basic Law.

Every January, a legal conference is held at the Hong Kong Final Appeal Court. The attendant lawyers dress in red or black gowns and listen to the national anthem before delivering their speeches.

For Wong, secretary for justice in Hong Kong, the event is a prime example of the development and continuation of Hong Kong's legal system under the "one country, two systems" model.

Q: What is the relationship between the Common Law and the Basic Law?

A: The tone set by the Basic Law is to continue with the existing legal system in Hong Kong. However, if local legislation contrasts with the principles of the Basic Law, the latter takes priority. The Basic Law has provided unprecedented protection of Hong Kong people's basic human rights and freedom at the constitutional level. Its protection covers a wide range of issues, including religion, freedom of speech and property.

Q: What is your understanding of the three interpretations of the Basic Law?

A: It is quite controversial whenever there is an interpretation of the Basic Law. But after several court appeals, it has been accepted that under the framework of the mini-constitution, the ultimate rights of explanation on the Basic Law lie with the National People's Congress (NPC). The NPC can explain all legal items of the Basic Law, not just those involved in certain cases. This has become a final conclusion. But understandably, the law majors in Hong Kong have been trained under the framework of the Common Law. They might be unused to the fact that a legislative body, rather than the judicial organ, holds the ultimate rights to interpret the constitution. But under the legal framework of the whole country, the NPC is a legislator, and the Basic Law is a country-level law.

The central and Hong Kong governments understand the impact the Basic Law exerts on HKSAR. So interpretations are not made hastily. They were made only when no other choices were available.

Q: Why have there been so many judicial reviews in Hong Kong?

A: The Basic Law has provided unprecedented protection of basic human rights and freedom at the constitutional level. Its protection has covered a wide range of issues. There are cases in which Hong Kong people have overthrown some local legislation in accordance with the constitutional protection. Judicial reviews are essential during the development of human rights protection in accordance with the constitution.

But they are not a good remedy for all problems. There has been a rising number of judicial reviews because of some complicated economic and social problems. These could be better solved though discussion and the administrative organs. The court should not shoulder the pressure.

But judicial reviews have been good for the development of Hong Kong's legal system. While the Basic Law provides the skeleton, concrete cases, challenges and verdicts have help build the muscles and bones to complete the body.

Q: Is there any exchange between mainland legal groups and their Hong Kong counterparts under the framework of the CEPA?

A: The CEPA is just one of the many channels used for exchanges, which have gone through several phases and been conducted under several frameworks. Last year, for instance, the original limitation on the size of collaborative law firms was eliminated. And the limitation on the residence term of Hong Kong lawyers practicing on the mainland was also eliminated.

Q: What's your view of the mainland's principle of "the rule of law"? Does it have any impact on HK's judicial sector?

A: The amendment made to the Constitution in 1999 set the tone of the principle and a prominent and solemn attitude to pursue legal governance.

I have also listened to the reports made by the Supreme People's Court and top procuratorate to the NPC. They have been quite frank in admitting the shortcomings of the present legal system and I have seen their determination to reform. Lawyers on the mainland have been versatile, with many pursuing their law degrees in overseas countries. Mainland lawyers have also been concerned with legislation not only in the economic sector, but also in environmental protection, domestic violence and so on. They have been quite pioneering.

As for the impact on Hong Kong, they have given us a better understanding and more confidence in our country's legal system. It has been a great motivation to us, and we can make progress together.

(China Daily 06/27/2007 page4)