主题：茗谈（126）：庖丁解牛 -- 本嘉明

但这个法，英文本是关键

13. The Basic Law is not only a brainchild of an international treaty, the Joint Declaration. It is also a national law of the PRC and the constitution of the HKSAR. It translates the basic policies enshrined in the Joint Declaration into more practical terms. The essence of these policies is that the current social, economic and legal systems in Hong Kong will remain unchanged for 50 years. The purpose of the Basic Law is to ensure that these basic policies are implemented and that there can be continued stablity and prosperity for the HKSAR. Continuity after the change of sovereignty is therefore of vital importance.

14. Mr Fung, SC, for the Government submits that a generous and purposive approach is to be adopted in the interpretation of the Basic Law since it is a constitutional document. See A.G. of Gambia v. Jobe [1984]AC 689 and R. v. Sin Yau-ming [1992] 1 HKCLR 127. While I agree with this as a general proposition, I would add a few words of caution. The Basic Law is a unique document. It reflects a treaty made between two nations. It deals with the relationship between the Sovereign and an autonomous region which practises a different system. It stipulates the organisations and functions of the different branches of government. It sets out the rights and obligations of the citizens. Hence, it has at least three dimensions : international, domestic and constitutional. It must also be borne in mind that it was not drafted by common law lawyers. It was drafted in the Chinese language with an official English version but the Chinese version takes precedence in case of discrepancies. That being the background and features of the Basic Law, it is obvious that there will be difficulties in the interpretation of its various provisions.