authorities to interpret the relevant provisions. However, this does not mean that the Standing Committee of the NPC will not, at the same time, possess the power to interpret the relevant provisions. Moreover, it is already stated clearly in the article that the courts of the HKSAR may interpret the relevant provisions "on their own". This will make sure that no other authorities will have the power to interpret the relevant provisions.
3. A member held that if the expression "shall exclusively authorize" was to be used in this article, with the expression "shall authorize" remaining unchanged in other articles (e.g. Article 13), confusion would arise if the difference between the two expressions was not clearly defined.
4. A member held that the stability and prosperity of Hong Kong were built on the spirit of the rule of law in Hong Kong, and the power of final adjudication was an essential element for putting into practice the spirit of the rule of law. It was therefore held that in adjudicating cases before them, the courts of the HKSAR had to have the final power to interpret all provisions of the Basic Law if they were to maintain their power of final adjudication. If an interpretation which will affect the judgment on a case has to be sought from the Standing Committee of the NPC, then the case will in fact be ruled by the Standing Committee of the NPC. The courts of the HKSAR will be deprived of their power of final adjudication, and judicial independence and the so-called "spirit of the rule of law" will also be eroded.
5. A member suggested that this article be amended as follows:
"The power of interpretation of this Law shall be vested in the Standing Committee of the National People's Congress.
"The Standing Committee of the National People's Congress shall authorize the courts of the Hong Kong Special Administrative Region to interpret this Law on their own in adjudicating cases before them. The Standing Committee of the National People's Congress shall reserve the final power to interpret those provisions relating to defence, foreign affairs or the relationship between the Central Authorities and the Hong Kong Special Administrative Region. Judgments rendered by the courts of the Hong Kong Special Administrative Region according to those provisions, which have already been executed before the Standing Committee of the National People's Congress makes an interpretation of such provisions, shall not be affected. After the Standing Committee of the National People's Congress has made an interpretation, the courts of the Hong Kong Special Administrative Region, in applying those provisions, shall follow the interpretation of the Standing Committee.
"If the courts of the Region, in adjudicating cases before
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