The NPC Standing Committee had 'clear and unrestricted' power to interpret parts of the Basic Law already ruled on by the Court of Final Appeal in its landmark right of abode judgment, the Government argued yesterday.
Launching an appeal which could affect the fate of many thousands of migrants, Geoffrey Ma SC, for the Director of Immigration, urged the top court to follow the Standing Committee's decision.
He said the power the Basic Law gave to the National People's Congress 'could not be clearer'. It was a supreme power, which was unrestricted and could have retrospective effect.
'What it means is the courts have the final say in cases before them. That does not prevent the Standing Committee from adopting or making an interpretation, as it has done in this case,' said Mr Ma.
The Standing Committee reinterpretation, given at the request of the Government in order to avoid an alleged influx of 1.6 million migrants, in effect reversed the court's landmark judgment in January.
Mr Ma, making his submissions to the same five judges who gave that ruling, argued they must abide by the decision.
The Government is seeking to overturn a Court of Appeal ruling, given before the reinterpretation, in favour of 17 migrants who claim the right of abode in accordance with the January judgment.
