CONFIDENTIAL
PARAGRAPH THREE
Paragraph 3 of the Schedule deals with the modification of UK Acts and subordinate legislation made under them.
in It enables Orders
Council:
(a) to repeal or amend any enactment in so far as it is part of the
law of Hong Kong,
(b) to repeal amend
or
any enactment in so far as it is a part of the law of the UK which applies in relation to Hong Kong,
(c) to enable the legislature of
legislature of Hong Kong to repeal or amend any enactment in so far as it is part of the law of Hong Kong,
(d) to
enable the legislature of Hong Kong to
legislate
with
extra-territorial effect.
When a dependent territory becomes the Independence Act:
independent it is customary
in
(i)
to amend UK enactments applying to the territory;
(ii)
to provide that all UK laws which have hitherto applied as
part of the laws of the
the territory shall continue to apply as
of the law of the newly independent state;
a
part
(iii) to enable the legislature of that state to repeal or amend
those laws, and
(iv) to enable that legislature to legislate with extra-
territorial effect.
In the
case
of Hong Kong
these matters have to be dealt with
differently. Under the agreement the laws of Hong Kong will survive the termination of British sovereignty in 1997 provided that they do not conflict with the Basic Law. The latter is expected to require the removal from those laws of any which appears to maintain links
CONFIDENTIAL