Paragraph 21 of the ruling : "In the premises, the Interpretation is binding on this court. In this judgment, unless otherwise stated, whenever I refer to the meaning of BL104, it is a reference to the meaning as set out in the Interpretation."
Paragraph 20 : "Although the courts in Hong Kong are authorised by BL158(2) and (3) to interpret provisions of the BL in adjudicating cases, the NPCSC has the final power of interpretation of the BL as provided under BL158(1) and (3) and Article 67(4) of the Constitution of the People’s Republic of China. An interpretation made by the NPCSC is binding on all the courts of Hong Kong, and the courts are under a duty to follow it."
*** Note that "all the courts" include this High Court, and it follows that this High Court has followed the Interpretation in adjudicating this case, although the judge has cleverly said that whether or not to follow the Interpretation, he will make exactly the same interpretation. By his own statement that "all the courts ..." he couldn't have done otherwise.
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