Former top judge Andrew Li's defence of Basic Law attacked as 'an error'

An influential mainland legal scholar has accused Hong Kong's former top judge of making "a fundamental legal error" by suggesting the city's legal system could be undermined if Beijing reinterprets judgments by the city's courts.

In comments that have sparked intense debate, former chief justice Andrew Li Kwok-nang said on Wednesday that China's top legislative body should not use its power to reinterpret Hong Kong's mini-constitution - the Basic Law - after the city's top court has reached a final judgment, otherwise judicial independence would be damaged.

Li said: "In my view, the [National People's Congress] Standing Committee's power to interpret the Basic Law should not be exercised to override a court judgment in Hong Kong, especially one of the Court of Final Appeal."

While the position set out by Li - who was the first post-handover chief justice and served until 2010 - was backed by legal heavyweights and other Basic Law experts, Professor Dong Likun expressed pointed criticism.

Dong, a senior research fellow at the Institute of Hong Kong and Macau Affairs, said: "Justice Li is a man of high legal quality, but his view has violated basic legal principles and commits fundamental errors about the law."

He added that Li was wrong to suggest the Basic Law was a standalone constitution when it came under national laws. As such, Dong said: "NPCSC interpretations should follow a wrong Court of Final Appeal judgment. They sought to uphold - not destroy - Hong Kong's rule of law."