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50. In addition, section 39 of the Interpretation and General Clauses Ordinance, Cap 1 dealt with the exercise of powers:
“(1) Where any Ordinance confers any power or imposes any duty, then the power may be exercised and the duty shall be performed from time to time as occasion requires.”
51. BL 62 described the powers and functions of the Government of the HKSAR:
“(1) To formulate and implement policies;
(2) To conduct administrative affairs;
(3) To conduct external affairs as authorised by the Central People’s Government under this Law;
(4) To draw up and introduce budgets and final accounts;
(5) To draft and introduce bills, motions and subordinate legislation; and
(6) To designate officials to sit in on the meetings of the Legislative Council and to speak on behalf of the government.”
52. Thus, applying the definition of “State” and “Power” to the NSL, we concluded that the term “State power” referred to the powers of the Government of the HKSAR and the duties and functions performed by various organs of the Government, such as government departments / bureaux. This was the “State power” which the NSL 22 sought to protect.
53. Thirdly, at the constitutional level, the NPC was and is the highest organ of state power of the People’s Republic of China.[1] The BL was enacted by the NPC in pursuant to the Constitution.[2] The following articles of the BL are of note:
