China Daily (Hong Kong)

Constituti­on has supreme authority: Law Society chief

- By WILLA WU in Hong Kong willa@chinadaily­hk.com

The country’s Constituti­on has supreme authority over the Hong Kong Special Administra­tive Region, the head of the city’s 110-year-old profession­al associatio­n for solicitors said on Tuesday.

Melissa Kaye Pang, who last month became the first woman president of the Law Society of Hong Kong, said the Constituti­on laid down the foundation for China’s laws and was the ultimate legal basis for law enforcemen­t.

Since Hong Kong is an inalienabl­e part of China, the Constituti­on is the root of the city’s Basic Law, having supreme legal power over the SAR, Pang said at her first media briefing.

According to the Basic Law, national laws are not applied in the SAR unless written in Annex III of the Basic Law.

Pang stressed that the Constituti­on should not be viewed as just a national law. This is because of its supreme status and its being the source of law by which the HKSAR is establishe­d.

She also noted that when it comes to practical law applicatio­n and interpreta­tion, Hong Kong should follow the Basic Law.

Article 11 of the Basic Law says the systems and policies practiced in Hong Kong, including the social and economic systems, the system for safeguardi­ng fundamenta­l rights and freedoms of residents, the executive, legislativ­e and judicial systems, and the relevant policies, shall be based on provisions of the Basic Law.

Pang’s remarks follow those of Wang Zhenmin, director of the Legal Affairs Department of the Liaison Office of Central People’s Government in the HKSAR. On Saturday, Wang called for a proper understand­ing of the Constituti­on and Basic Law.

Wang said the Constituti­on was the legal basis for the Basic Law and it was wrong to regard the Basic Law as a “mini-constituti­on” independen­t of the nation’s Constituti­on.

Since Hong Kong is an inalienabl­e part of China, the Constituti­on is the root of the city’s Basic Law, having supreme legal power over the SAR.”

 ??  ?? Melissa Kaye Pang, president of the Law Society of Hong Kong
Melissa Kaye Pang, president of the Law Society of Hong Kong

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