The Legislative Affairs Commission of the Standing Committee of the National People's Congress (NPC) expressed deep concern over Hong Kong's High Court ruling related to the Emergency Regulations Ordinance, a spokesperson said Tuesday.
The Court of First Instance of the High Court of the Hong Kong Special Administrative Region (HKSAR) ruled on Monday that some provisions of the ordinance were incompatible with the Basic Law of the HKSAR and therefore were invalid.
"Some NPC deputies have voiced strong dissatisfaction with this," said Zang Tiewei, a spokesperson for the Legislative Affairs Commission of the NPC Standing Committee.
"The Constitution and the Basic Law together form the constitutional basis of the special administrative region," the spokesperson said.
"Whether a law of the HKSAR is in conformity with the Basic Law of the HKSAR can only be judged and decided by the NPC Standing Committee, and no other organ has the right to judge or decide," the spokesperson said.
In accordance with Article 8 of the Basic Law of the HKSAR, the laws previously in force in Hong Kong, including the Emergency Regulations Ordinance, shall be maintained except for those that contravene the Basic Law of the HKSAR or that have been amended by the legislative body of the HKSAR, the spokesperson noted.
As per the decision on handling the laws previously in force in Hong Kong in accordance with Article 160 of the Basic Law of HKSAR, which was made by the NPC Standing Committee on Feb. 23, 1997, the Emergency Regulations Ordinance was adopted as the law of the HKSAR, the spokesperson said.
"Therefore, the ordinance is consistent with the Basic Law," the spokesperson said.
"The ruling of the Court of First Instance of the High Court of the HKSAR has seriously undermined the legitimate power of the Chief Executive and the Government of the HKSAR to govern in accordance with laws, and is inconsistent with the Basic Law of the HKSAR and the relevant decisions of the NPC Standing Committee," the spokesperson said.
"We are studying relevant opinions and suggestions from some NPC deputies," the spokesperson said. (Updated)
