CONFIDENTIAL
17
PARAGRAPH THREE
Paragraph 3 of the Schedule deals with the modification of UK Act s
and subordinate legislation made under them. It enables Orders in
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
the 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.
territory becomes independent it is customary in
When a dependent
the Independence Act:
(i)
to amend UK enactments applying to the territory;
(ii) to provide that all UK laws which have hitherto applied as a
part of
of the laws of the
the territory shall 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.
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