The constitutional game of article 158(3) of the Basic Law

Abstract

In a recent civil case, the Court of Final Appeal decided to make a reference to the Standing Committee of the National People's Congress under Art 158(3) o f the Basic Law to interpret certain other provisions of the Basic Law central to the issues and outcome of the case. By applying the constitutional game analytical framework, this article analyses why the Court of Final Appeal initiated the reference procedure in the way that it did.