National People's Congress (NPC) spokesperson Fu Ying's reassurance should have helped ease concern that an NPC interpretation of the Basic Law to tackle the right-of-abode controversy would compromise Hong Kong's judicial independence.

The right-of-abode controversy had plagued the city before and is now again threatening to divide the local society due to its potentially significant implications on the SAR's development.

While there are other proposals aimed at fixing the issue, a clarification of the relevant Basic Law provisions by the NPC will solve the problem once and for all, as suggested by many legal experts.

There is no question of judicial independence in such a move as the power of final interpretation of the Basic Law is vested in the Standing Committee of the NPC.

Furthermore, an NPC interpretation will reflect the legislative intent of the Basic Law. In this sense, seeking clarification from the NPC when ambiguity or controversy arises on any Basic Law provision is also a gesture of respect for the NPC.

Opponents of such a move have cited the "One Country, Two Systems" principle as the rationale for their objections, claiming that an NPC interpretation will compromise this principle and damage Hong Kong's legal system.

However, what they haven't pointed out is the fact that any NPC interpretation is aimed merely at maintaining Hong Kong's prosperity and healthy development. After all, the concept of "One Country, Two Systems" and the consequent enactment and implementation of the Basic Law are all meant to serve this very purpose of preserving Hong Kong's systems.

In fact, Hong Kong's judicial independence remains intact after the previous four counts of NPC interpretation of Basic Law provisions on different matters.

It is, therefore, unconceivable that the NPC or the central government has any intention to harm Hong Kong's judicial independence. And an interpretation of the Basic Law by the national legislature - whether on its own initiative or triggered by the SAR government - will in no way compromise Hong Kong's judicial independence.

(HK Edition 03/05/2013 page1)