CONFIDENTIAL
17
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PARAGRAPH THREE
Paragraph 3 of the
Schedule deals with the modification of UK Acts
It enables Orders in
and subordinate legislation made
made under them.
Council:
(a) to repeal or amend any enactment in so far as it is part of the
law of Hong Kong,
(b) to repeal or amend 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
enactment
(d) to
the legislature of Hong Kong to repeal or amend any
in SO far as it is part of the law of Hong Kong,
enable the legislature of Hong Kong to legislate with
in
extra-territorial effect.
When a
dependent territory becomes independent it is customary
the Independence Act:
(i)
(ii)
to amend UK enactments applying to the territory;
as
CU
a
to provide that all UK laws which have hitherto applied
part of the laws of the territory sha11 continue to apply as part
of the law of the newly independent state;
(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.
with
In the case of Hong Kong these matters have to be dealt
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