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MEMBERS FOR SOUTH DOWN AND ORPINGTON.
ADAPTATION OF LAW (UNDERLINED)
36. PARAGRAPH 3 OF THE SCHEDULE GIVES THE NECESSARY POWERS TO MAKE CHANGES IN BRITISH LAW IN CONSEQUENCE OF OR IN CONNECTION WITH THE ENDING OF SOVEREIGNTY. IT ENABLES ORDERS IN COUNCIL TO
BE MADE:
- TO REPEAL OR AMEND UK LEGISLATION IN SO FAR AS IT IS PART OF
THE LAW OF HONG KONG.
- TO ENABLE THE LEGISLATURE OF HONG KONG TO REPEAL OR AMEND UK
LEGISLATION IN SO FAR AS IT IS PART OF THE LAW OF HONG KONG AND
TO LEGISLATE WITH EXTRA-TERRITORIAL EFFECT.
-
AND TO REPEAL OR AMEND BRITISH LEGISLATION WHICH RELATES TO
HONG KONG.
37. THESE ARE NORMAL PROVISIONS WHEN THIS COUNTRY CEASES TO HAVE SOVEREIGNTY OVER A TERRITORY. THEY ARE WRITTEN IN INDEPENDENCE ACTS, AND ALTHOUGH THIS BILL IS OF COURSE DIFFERENT FROM AN INDEPENDENCE BILL, A SIMILAR PROVISION IS NECESSARY IN THE CASE OF HONG KONG. IT WOULD BE INAPPROPRIATE TO CONTINUE AFTER 1997
TO HAVE REFERENCES IN THE LAWS IMPLYING THE CONTINUATION OF A
CONSTITUTIONAL RELATIONSHIP WITH THIS COUNTRY.
38. THIS CLAUSE WILL ALSO ALLOW HONG KONG IN THE YEARS UP TO 1997 TO ADOPT LOCAL LAWS TO REPLACE THOSE UK ENACTMENTS WHICH CURRENTLY FORM PART OF THE LAW OF HONG KONG, FOR INSTANCE IN THE CIVIL AVIATION AND SHIPPING FIELDS. IT IS PRIMARILY IN THESE
FIELDS THAT LEGISLATION WILL BE NECESSARY WITH EXTRATERRITORIAL EFFECT, FOR INSTANCE IN CONNECTION WITH AIR PIRACY, AND REGULATIONS FOR SHIPPING. THIS IS A VERY IMPORTANT PROVISION SINCE IT IS CLEARLY ESSENTIAL THAT BY 1997 HONG KONG'S LAW CAN BE SELF-CONTAINED SINCE IT IS TO FORM THE GENERAL CORPUS OF LAW OF
THE SPECIAL ADMINISTRATIVE REGION UNDER THE AGREEMENT. 39. FINALLY PARAGRAPH 4 OF THE SCHEDULE ACCORDS DIPLOMATIC PRIVILEGES AND IMMUNITIES TO THE FIVE CHINESE MEMBERS OF THE JOINT LIAISON GROUP WHO WILL ATTEND THOSE MEETINGS OF THE GROUP
WHICH TAKE PLACE IN LONDON. WE NEED TO DO THIS TO FULFIL OUR
OBLIGATION UNDER ANNEX II TO THE JOINT DECLARATION, WHICH PROVIDES FOR THE CREATION OF A JOINT LIAISON GROUP OF FIVE
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