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THE COURT'S STATEMENT

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'This application invites the court to take an exceptional course. After a judgment is given, it is for the public and the legal profession to consider that judgment. Where appropriate, the court can be asked to consider it in a subsequent case. However, we are faced with an exceptional situation.

Various different interpretations have been put on the part of the court's judgment referred to in the motion and this has given rise to much controversy. Having regard to these circumstances and the limitations on the proper exercise of judicial power, we are prepared to take the exceptional course under our inherent jurisdiction of stating the following.

The courts' judicial power is derived from the Basic Law. Article 156(1) vests the power of interpretation of the Basic Law in the Standing Committee. The courts' jurisdiction to interpret the Basic Law in adjudicating cases is derived by authorisation from the Standing Committee under Articles 158(2) and 158(3).

In our judgment on 29 January, 1999, we said the court's jurisdiction to enforce and interpret the Basic Law is derived from and is subject to the provisions of the Basic Law which provisions include the foregoing.

The court's judgment on 29 January, 1999 did not question the authority of the Standing Committee to make an interpretation under Article 158 which would have to be followed by the courts of the region. The court accepts that it cannot question that authority. Nor did the court's judgment question, and the court accepts that it cannot question, the authority of the National People's Congress or the Standing Committee to do any act which is in accordance with the provisions of the Basic Law and the procedure therein.'

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