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全国人大常委会1999年的释法没有推翻香港终审法院的判决,但推翻了其解释,等于否决了其判决的正当性,降低了其法律意义。2004年的释法涉及《基本法》附件,附件的法律效力应低于《基本法》。《基本法》附件对修改行政长官和立法会的产生办法采用了“批准”和“备案”两种程序,二者不宜混淆。
The interpretation made by the Standing Committee of the National People’s Congress in 1999 did not overthrow the Hong Kong Court of Final Appeal’s decision, but its interpretation was overturned, which amounts to rejecting the justification of its judgment and reducing its legal significance. The 2004 interpretation relates to the Annex to the Basic Law. The legal validity of the annex should be lower than that of the “Basic Law.” The appendix to the “Basic Law” adopts two procedures, “approval” and “filing”, for the purpose of revising the methods for forming the Chief Executive and the Legislative Council. Both should not be confused.