Yesterday's clarification by the Court of Final Appeal on the abode ruling could clear up misunderstanding on the controversial issue, an influential Basic Law Committee member said. Albert Chen Hung-yee said it was a useful step to remove any misunderstanding that had been caused after the original judgment, particularly the statement concerning the power of SAR courts to review acts of the National People's Congress (NPC). Professor Chen said the Government should now explain to Beijing the meaning of the clarification. 'The Government should make sure Beijing understands that Hong Kong courts have no intention to defy the authority of the NPC,' he said. Professor Chen said the NPC Standing Committee should not pursue the controversy further. But he denied the clarification would set a bad example which would undermine Hong Kong's judicial independence. Another Basic Law Committee member, Raymond Wu Wai-yung, said he appreciated the gesture the court had made to react to the Government's request. It would help solve similar problems that might arise in the future, he said. Committee colleague Maria Tam Wai-chu said the Government should now focus on the possible influx of mainland children. NPC local deputy sub-group convenor Ng Hong-man welcomed the clarification, saying: 'The best ending is Hong Kong can deal with the controversy on its own and the NPC does not need to step in.' Fellow deputy Chan Wing-kee said the problem had been resolved perfectly. 'The clarification can set an example for the implementation of 'one country two systems',' he said. But deputy Ma Lik said the clarification was insufficient and he would continue to pursue an interpretation from the NPC Standing Committee. 'It is contradictory when it says the courts respect the NPC's power but leave the NPC's acts unattended, for example whether the courts respect the now-defunct Preparatory Committee's decision on the right of abode,' he said. His congress colleague Priscilla Lau Pui-king said the NPC had to either amend or reinterpret the Basic Law to redefine which group of mainland children would have right of abode. Former Basic Law drafter Louis Cha was not satisfied because the courts had not recognised the absolute authority of the NPC.
