While some in the legal sector advocated that the National People's Congress ( NPC ) should be asked to amend the part of the Basic Law to redress the problem, the HKSAR Government decided to seek an interpretation to, rather than an amendment of, the relevant Basic Law provisions from the Standing Committee of the National People's Congress ( NPCSC ).

The NPCSC issued an interpretation in favour of the Hong Kong Government in June 1999, thereby overturning parts of the court decision.

The interpretation of the NPCSC to Annex I and II of the Basic Law, promulgated on 6 April 2004, made it clear that the National People's Congress ' support is required over proposals to amend the electoral system under Basic Law.

In contrast to other countries in which stare decisis gives the power of both final interpretation and adjudication to a supreme court, within the People's Republic of China constitutional and legal interpretation is considered to be a legislative activity rather than a judicial one, and the functions are split so that the NPCSC provides legal interpretations while the Supreme People's Court and the Courts of Final Appeal of Hong Kong and Macau actually decide cases.

Because an interpretation of the NPCSC is legislative in nature and not judicial, it does not affect cases which have already been decided.

Based on the above, the Hong Kong Government sought interpretation of, rather than amendment to, the Basic Law from the Standing Committee of the National People's Congress ( NPCSC ).

The power of interpretation of the Basic Law by the NPCSC is explicitly provided under Article 158 ( 1 ) of the Basic Law.

Commentators have widely commented that this is in contravention of Article 158 which stipulates the body that should seek an interpretation from the NPCSC is the Court of Final Appeal.

Although the government, after the judgment of Lau Kong Yung & Others v Director of Immigration was handed down, claimed that " the Court had confirmed that the Government had acted entirely constitutionally and legally " in requesting a NPCSC interpretation, the truth is the Court never endorsed or ratified the Government's acts.

On 26 June 1999, in line with the request of the HKSAR Government, the NPCSC issued its interpretation which makes it clear that children born outside Hong Kong will be eligible for the right of abode only if at least one of their parents has already acquired permanent residence status at the time of their birth.

Others have argued that regardless of the merits of the case, it was politically unwise for those worried about Hong Kong legal autonomy to use this as a test case to assert Hong Kong's judicial independence, since it is the general consensus that the Hong Kong public tended to support the position of the SAR government as well as the legal interpretation of the NPCSC.

The power of interpretation of the Basic Law is vested in the Standing Committee of the National People's Congress of China ( NPCSC ) by virtue of Article 158 of the Basic Law.

Although this arrangement has attracted criticism of " undermining judicial independence ", an interpretation by the NPCSC does not affect any court judgments already rendered.

On 26 April 2004, the NPCSC published its decision that:

Although this committee has not yet explicitly ruled that a law or regulation is unconstitutional, in one case, after the subsequent media outcry over the death of Sun Zhigang, the State Council was forced to rescind regulations allowing police to detain persons without residency permits after the Standing Committee of the National People's Congress ( NPCSC ) made it clear that it would rule such regulations unconstitutional if they were not rescinded.

In the case, the NPCSC interpreted the Basic Law of Hong Kong in accordance with the position taken by the Hong Kong government with respect to the eligibility of permanent residency in Hong Kong.

The Standing Committee of the National People's Congress ( NPCSC ) refers to the participation of the business block vote in the affairs of Hong Kong as " balanced participation ".

Under Article 18 of the Basic Law of Hong Kong and similar measures in the Basic Law of Macau, the NPCSC must explicitly designate a law as having force in Hong Kong or Macau for it to be operative there.

In April 2004, Mr. Tung Chee-Hwa, the former Chief Executive of Hong Kong, submitted his Report to the Standing Committee of the National People's Congress ( NPCSC ) on whether there is a need to amend the methods for selecting the Chief Executive of the Hong Kong in 2007 and for forming the Legislative Council of the Hong Kong in 2008.

Most national legislation in China is adopted by the Standing Committee of the National People's Congress ( NPCSC ).

Most initiatives are presented to the NPCSC for consideration by the State Council after previous endorsement by the Communist Party's Politburo Standing Committee.

The President promulgates statutes adopted by the NPC and NPCSC.

Former Chief Executive, Tung Chee Hwa, announced measures to be taken by the Government, which was to seek the assistance of the State Council to approach the Standing Committee of the National People's Congress ( NPCSC ) to interpret the Basic Law provisions concerning the right of abode.

As Paramount leader Jiang Zemin, NPCSC Chairman Li Peng and PRC Premier Zhu Rongji, gradually retired from their position of power, " fourth-generation " leaders, led by CPC General Secretary Hu Jintao and Premier Wen Jiabao, faced with increasing social unrest, attempted to steer the country towards a new direction.

While the full powers of NPCSC to interpret the Basic Law is provided for in the Basic Law itself, some critics argues this undermines judicial independence.

By the time the full NPC or NPCSC meets to consider the legislation, the major substantive elements of the draft legislation have largely been agreed to.

The Standing Committee of the National People's Congress ( NPCSC ; ) is a committee of about 150 members of the National People's Congress ( NPC ) of the People's Republic of China ( PRC ), which is convened between plenary sessions of the NPC.

The NPCSC also has the power to interpret the laws of the PRC, including its constitution.

In his capacity as NPCSC chair, Wu delivers an annual address each year at the National People's Congress sessions in March.

In the judgment, the Court affirmed that the NPCSC had unqualified power to interpret the Basic Law, but never discussed the issue as to whether the reference was legal.

But over and beyond the compelling need for a binding precedent decision, I am convinced that the decisions of the Superior Courts which in effect nullify the Secretary's Regulation are not a correct interpretation of the Secretary's power under the Federal law.

In time, a rule, known as stare decisis ( also commonly known as precedent ) developed, whereby a judge would be bound to follow the decision of an earlier judge ; he was required to adopt the earlier judge's interpretation of the law and apply the same principles promulgated by that earlier judge if the two cases had similar facts to one another.

Depending on the stature of the posek and the quality of the decision, an interpretation may also be gradually accepted by rabbis and members of similar Jewish communities.

On the second count, she rejected the notion of First Amendment scrutiny in copyright cases, based on her interpretation of Harper and Row Publishers, Inc., v. Nation Enterprises, an earlier Supreme Court decision.

However, following Austria's revised interpretation of its obligations under the treaty, a decision was made in 1993 to procure AIM-9 Sidewinder air-to-air missiles.

He felt racial segregation was simply wrong, and Brown, whatever its doctrinal defects, remains a landmark decision primarily because of Warren's interpretation of the equal protection clause to mean that children should not be shunted to a separate world reserved for minorities.

That decision went on appeal to the Court of Appeal ( Supreme Court ), and the interpretation was upheld: Forestry Commission v Corkill ( 1991 ) 73 LGRA 247.

Gore argued that Article II presupposes judicial review and interpretation of state statutes, and that the Florida Supreme Court did nothing more than exercise the routine principles of statutory construction to reach its decision.

In cases of disputes concerning the interpretation, the usual procedure is to consult the French Code, lastly a case can be brought to the Commission who has the right to publish a final decision.

The U. S. Supreme Court reversed the state court's decision on appeal, ruling that questions of federal law were within its jurisdiction, and thereby establishing its own supremacy in matters of constitutional interpretation.

In effect, Virginia argued that its decision was final and unreviewable by the federal courts, even though the decision involved the interpretation and application of an act of Congress.

In a 5-4 decision issued on April 14, 1873, by Justice Samuel Freeman Miller, the Court held to a narrow interpretation of the amendment and ruled that it did not restrict the police powers of the state.

This sometimes presents ambiguities as to what amounts to a decision as opposed to a recommendation, and also the relevance and interpretation of the phrase " in accordance with the present Charter ".

Its longstanding decision to respect " liberty of opinion on matters not affecting the substance of the faith ", means it is relatively tolerant of a variety of theological positions, including those who would term themselves conservative and liberal in their doctrine, ethics and interpretation of Scripture.

In the context of a decision interpreting a collective labour agreement, the patently-unreasonable test was held to mean that the court will not intervene unless the words of the collective agreement have been given an interpretation they cannot reasonably bear.

Market research, includes social and opinion research, is the systematic gathering and interpretation of information about individuals or organizations using statistical and analytical methods and techniques of the applied social sciences to gain insight or support decision making.

However, even though the decision to impose life instead of death was based on an erroneous interpretation of the law by the judge, the finding of life imprisonment in the original case constituted an acquittal of the death penalty and thus death could not be imposed upon a subsequent trial.

A significant decision of the Barwick court marked the beginning of the modern interpretation of the corporations power, which had been interpreted narrowly since 1909.

His attempts to learn more about fossil identification and interpretation were frustrated by a lack of available literature in English, and so he took the decision to improve matters by writing his own introduction to the study of fossils.

In a decision written by Justice Abe Fortas, the Court held, The overriding fact is that Arkansas ’ law selects from the body of knowledge a particular segment which it proscribes for the sole reason that it is deemed to conflict with a particular religious doctrine ; that is, with a particular interpretation of the Book of Genesis by a particular religious group.

This model, better known as the many-worlds interpretation, posits that every possible outcome of a quantum decision actually occurs in a separate " universe ".

Their method was to compare the Talmudic source material with Maimonides ' final decision, in order to reconstruct the rules of interpretation that must have been used to get from one to the other.