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Since the handover, significant changes have taken place in Hong Kong’s legal interpretive regime. The power of Hong Kong courts to interpret laws has been strengthened. They not only have the power to interpret local laws, but also are empowered to interpret the Basic Law. After the handover of Hong Kong to China the power of final adjudication of Hong Kong which was formerly held by the Judicial Committee of the Privy Council (PCJC) vests now in the Hong Kong Special Administrative Region (HKSAR) Court of Final Appeal. However the PCJC’s power of final legal interpretation for Hong Kong is now exercised by the Standing Committee of the National People’s Congress (NPCSC), an important component of Hong Kong’s new constitutional and legal system. Under the Basic Law, the 'power of final interpretation' belongs to the NPCSC, but the 'power of final adjudication' belongs to the HKSAR Court of Final Appeal. The separation of the 'power of final interpretation' from the 'power of final adjudication' not only is consistent with China’s constitutionalism and legal system, but also is a remarkable integration of 'One Country' and 'Two Systems.' Precisely in this sense, the NPCSC does not impinge upon the power of final adjudication held by the HKSAR Court of Final Appeal. The NPCSC is not the 'court of final adjudication,' but rather only exercises the power of final interpretation of the Basic Law. It only 'interprets' without 'adjudicating,' and thus does not decide cases in place of the HKSAR courts, leaving the power of final adjudication to the HKSAR Court of Final Appeal. Therefore the interpretation of the Basic Law by the NPCSC will neither impinge on the HKSAR Court of Final Appeal’s power of final adjudication nor on its judicial independence.
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