Chui: NPC interpretation same weight as Basic Law

Sixtus Leung wears a banner that reads “Hong Kong Is Not China” during the Oct 12 oath-taking ceremony in the chamber of the Legislative Council in Hong Kong

The Chief Executive Chui Sai On has claimed that the interpretation by the National People’s Congress (NPC) regarding the controversy over the newly elected Hong Kong legislators, Yau Wai-ching and Sixtus Leung, serves as an important reference point to successfully implementing Macau’s Basic Law.

During a press conference following the presentation of the Policy Address, Chui assessed that interpretations by the Standing Committee of the NPC “enjoy the same legal status as provisions in the Basic Law.”

It is not yet clear what Chui meant in stressing this point. Article 143 of Macau’s Basic Law – “The power of interpretation of this Law shall be vested in the Standing Committee of the National People’s Congress” – is already a provision of the document.

Sociologist and Macau academic Larry So told the Times that interpretations made in accordance with the article would for all intents and purposes operate as “unofficial articles” in their own right, “even if they are not formally written.”

Such interpretations could be made in areas outside of Beijing’s traditional influence – mostly in defense and foreign policy – but also for those areas conventionally within the autonomy of the SARs, such as economy and society.

“Typically [the NPC] makes an interpretation upon request from the courts [of the SARs], but with the power to interpret anything, they are able to without the request from the local authorities,” added So. “The interpretations can act just as if they were already in Macau’s Basic law.”

“The legal interpretation made by the Standing Committee of the NPC has indisputable constitutional authority,” noted a Government Information Bureau statement, citing the message of Chui. “The power of interpretation by the Standing Committee of the NPC is one of the powers stated in the Constitution of the People’s Republic of China and stipulated also in Hong Kong’s Basic Law and Macau’s Basic Law.”

The statements, made during a press conference following his session at the Legislative Assembly on Tuesday, continued by emphasizing China’s sovereignty, national integrity and security, and reminding the public that these principles remain core interests in Macau and the greater China region.