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Friday, February 26, 1999 Published at 11:15 GMT


World: Asia-Pacific

China must rule says Hong Kong court

Migrants to Hong Kong have been demanding the right to stay

By Jill McGivering in Hong Kong

Hong Kong's top court has said it has no power to question the authority of Beijing's National People's Congress or its standing committee.

The court was responding to an unprecedented request by the Hong Kong Government for the court to clarify part of a controversial ruling last month concerning the right of abode in Hong Kong.


Jill McGivering: "Decision was unanimous"
The disagreement about the rights of Hong Kong courts has been seen as a crucial test of the territory's legal independence.

The decsion was unanimous with the five judges stating formally that the court did not have the power to question the authority of China's central law-making bodies.

Announcement greeted with dismay

This position made a strong contrast with its controversial ruling last month that Hong Kong courts did have the right to declare invalid laws made by the National People's Congress and its standing committee if they were inconsistent with Hong Kong's post handover constitution, the basic law.

That original statement angered senior officials in Beijing who described the judgement as a mistake which should be corrected. Friday's announcement was greeted with dismay by those who had urged the court to stand firm on an issue which many see as a key test of Hong Kong's legal autonomy.

Some commentators said the court had succumbed to political pressure after the government made the unprecedented move of requesting it to clarify its ruling.

Worst crisis since handover

The leader of the Democratic party, Martin Lee, described it as a very sad day for the rule of law in Hong Kong.

The row between Beijing and Hong Kong's legal community about the rights of the territory's courts sparked the worst constitutional crisis here since the handover from Britain to China 20 months ago.

That crisis may now have been defused but it is still uncertain what the cost will be to Hong Kong's international reputation and legal independence.



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