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21. I HOPE THAT THE HOUSE WILL UNDERSTAND THE REASONS WHY THE BILL IS DRFFTED AS IT IS, AND WILL REJECT THE MOTION PUT DOWN BY THE RT HON MEMBER FOR DOWN SOUTH.
ADAPTATION OF LAW
22. 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.
23. THESE ARE NORMAL PROVISIONS WHEN THIS COUNTRY CEASES TO HAVE SOVEREIGNTY. THEY ARE WRITTEN IN INDEPENDENCE ACTS, AND ALTHOUGH THIS IS NOT AN INDEPENDENCE BILL SIMILAR PROVISION IS NECESSARY
IN THE CASE OF HONG KONG. IT WOULD BE INAPPROPRIATE TO CONTINUE AFTER 1997 TO HAVE REFERENCES IN THE LAWS WHICH WERE BASED ON THE CONTINUATION OF A CONSTITUTIONAL RELATIONSHIP WITH THIS COUNTRY. 24. 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, REGULATIONS FOR SHIPPING ETC. THIS IS A VERY IMPORTANT PROVISION SINCE IT IS CLEARLY ESSENTIAL THAT BY 1997 HONG KONG'S LAW CAN STAND ON ITS OWN, SINCE IT IS TO FORM THE GENERAL CORPUS OF LAW OF THE SPECIAL ADMINISTRATIVE REGION UNDER THE AGREEMENT.
DIPLOMATIC PRIVILEGES
25. FINALLY PARAGRAPH 4 OF THE SCHEDULE ACCORDS DIPLOMATIC PRIVILEGES AND IMMUNITIES TO THE FIVE CHINESE MEMBERS OF THE JOINT LIAISON GROUP WHO WILL ATTEND MEETINGS OF THE GROUP IN LONDON. WE NEED TO DO THIS TO FULFIL OUR OBLIGATION UNDER ANNEX
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