基本法只係話:-
Article 158The power of interpretation of this Law shall be vested in the Standing Committee of the National People’s Congress.
.......... shall authorize the courts of the Hong Kong Special Administrative Region to interpret on their own, in adjudicating cases, the provisions of this Law which are within the limits of the autonomy of the Region. if the courts of the Region, in adjudicating cases, need to interpret the provisions of this Law concerning affairs which are the responsibility of the Central People’s Government, or concerning the relationship between the Central Authorities and the Region, and if such interpretation will affect the judgments on the cases, the courts of the Region shall, before making their final judgments which are not appealable, seek an interpretation of the relevant provisions from the Standing Committee of the National People’s Congress
基本法
Article 20
The Hong Kong Special Administrative Region may enjoy other powers granted to it by the National People’s Congress, the Standing Committee of the National People’s Congress or the Central People’s Government.
基本法沒有授予的權力,特區並不享有,是為沒有剩餘權力。
但特首沒有向人大提請釋法的權力?明顯是放屁。
所有剩餘權力皆在人大手上,人大可放可收,所以 HKSAR may enjoy other powers
從過去多次釋法由特首向人大提請便可知。
>>淨係講158條第1句
>>基本法其他條文寫乜都冇意義
果句野表示人大的釋法權是 complete, comprehensive, ultimate ......................... can override other provisions, not subject to the following (within 158) specific provision lor