The Government will ask top judges to consider referring a human rights case of 'monumental importance' to the National People's Congress rather than deal with it themselves.
It will be the first time the Court of Final Appeal has been asked to contemplate using controversial legislation which allows the NPC Standing Committee to rule on the Basic Law.
Denis Chang SC, who is fighting the move on behalf of migrants wanting the right of abode in Hong Kong, argued yesterday that the court had a duty to consider the case by itself.
He told the five judges it would undermine Hong Kong's autonomy if a case concerning restrictions on the right of abode were to be sent to the NPC.
Mr Chang said it was the first time the Government had asked the court to refer a question of interpretation to the Standing Committee. 'We are in virgin constitutional territory here.' The judges would have to make key decisions on how this untried aspect of 'one country, two systems' was to be put into practice.
Mr Chang asked whether the court would be 'a mere post office', sending a matter off for consideration on the mainland while acting as a silent spectator.
Or, when making a referral to the NPC, would the judges state their own views.
