Mr Galsworthy, HKD
CONFIDENTIAL
Reference
никочо 53
RECEIVED IN REGISTRY
23 OCT 1984
DESK OFFICER
INDEX
REGISTRY
PA
Alon Taken
LEGISLATION
28
CODE 18-77
HONG KONG AGREEMENT:
1. We spoke this morning about Hong Kong telegram no 3186 of 11 October, and I agreed to advise on the points raised in paragraph 3(c) of that telegram.
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2.
Hong Kong wishes to embark on a programme to "localise" as many laws as possible before 1997, so that as complete as possible a body of law will be preserved after 1997 in accordance with Annex 1(II) to the Joint Declaration. These self-contained Hong Kong laws will be free from any connection with the United Kingdom. I agree in general with this approach.
3.
As part of this exercise, Hong Kong will wish to terminate the application as part of the law of Hong Kong of some British statutes and Orders in Council, and to replace them with local ordinances, e.g. to give effect to certain treaty obligations which at present apply to Hong Kong and which are implemented by UK statutes or Orders. For the latter purpose Hong Kong may also need to be able to enact local ordinances having extra-territorial effect. For example, in relation to hijacking it may have to legislate in respect of offences committed by foreigners in foreign countries.
4. I suggest that in response to paragraph 3(c) of the telegram you could say that we already had in mind to cover all the points listed. We intend to seek provisions in the Bill which would allow the United Kingdom, acting by Order in Council, or Hong Kong, acting by local ordinance subject to disallowance and subject to other controls imposed by the Letters Patent and the Royal Instructions, to repeal or amend any Act, Order, rule or regulation in so far as it is part of the law of Hong Kong. In the same way Hong Kong would be allowed to legislate with extra-territorial effect. We also envisage that the Bill would allow similar repeals or amendments to be made by Order in Council, in so far as the Act, Order etc to be repealed or amended form part of the law of the United Kingdom.
5. In the light of Hong Kong's telegram, I suggest that the draft paper for the Cabinet Committee on Legislation (attached to your submission of 4 October) should be amended, as follows
Paragraph 4(c), first line
Replace "United Kingdom enactments" by "laws".
Paragraph 7(c), first line
-
Replace "UK Statutes" by "laws", Add at the end of the sub-paragraph
"In so far as enactments form part of Hong Kong law, it would sometimes be appropriate for Hong Kong to replace them by local ordinances which, because they would be free from any apparent link with the UK, would, in accordance with the Agreement, survive the termination of British sovereignty in 1997. For this purpose Hong Kong would need in some /cases
CONFIDENTIAL