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UNREALISTIC, HAVING CONTINUED TO LEGISLATE FOR 13 YEARS, TO
EXPECT THE LEGISLATIVE CLOCK TO BE TURNED BACK AT A SINGLE STROKE ON
1 JULY 1997 FOR THE SAME PERIOD. THIS WAS WELL UNDERSTOOD BY THE
CHINESE NEGOTIATORS. THE ONLY REASONABLE INTERPRETATION OF THE
JOINT DECLARATION IS THAT THE WHOLE BODY OF HONG KONG LAW AS IT
EXISTS ON 30 JUNE 1997, TO THE EXTENT THAT IT CONSISTS OF THE COMMON LAW, RULES OF EQUITY, ORDINANCES, SUBORDINATE LEGISLATION
AND CUSTOMARY LAW, WILL SURVIVE ON 1 JULY 1997, SAVE FOR ANY LAW
THAT MAY BE INCONSISTENT WITH THE BASIC LAW.
(C) THE LATTER QUALIFICATION IS NOT LIKELY TO POSE ANY GREAT
DIFFICULTY SINCE IT IS EXPECTED THAT THE BASIC LAW WILL BE
PUBLISHED IN SUFFICIENT TIME BEFORE 1 JULY 1997 TO ENABLE ANY
INCOMPATIBLE PROVISIONS OF HONG KONG LAW TO BE REMOVED BEFORE
THAT DATE. INDEED A SUBSTANTIAL NUMBER OF HONG KONG'S LAWS WHICH
WILL BE ENACTED BETWEEN THE ENTRY INTO FORCE OF THE JOINT
DECLARATION AND 1 JULY 1997 WILL BE FOR THE EXPRESS PURPOSE OF
TERMINATING THE APPLICATION TO HONG KONG OF UK STATUES, AND
INDEED OF REMOVING ANY LINKS WITH THE UK WHICH WOULD BE
INCOMPATIBLE WITH THE RESTORATION OF HONG KONG TO CHINA IN 1997.
IT WOULD BE ABSURD TO SUGGEST, AS THE CHINESE AUTHOR SEEMS TO DO,
THAT ONE OF THOSE LAWS ARE TO SURVIVE ON 1 JULY 1997.
3. YOU SHOULD OF COURSE REFER TO US BEFORE TAKING THIS LINE IN
PUBLIC. WE WOULD BE GRATEFUL FOR ANY COMMENTS THAT YOU MAY HAVE
ON IT.
4. IN PRACTICE WE ARE CLEARLY UNLIKELY TO ACHIEVE A CONSENSUS
WITH THE CHINESE ON THIS POINT. I PERSONALLY VERY MUCH DOUBT IF
THEY HAVE ANY THOUGHT OF REPUDIATING EN MASSE ANY LAWS BROUGHT
INTO FORCE IN HONG KONG BETWEEN 1985 AND 1997. WHAT THEY WISH TO AVOID IS BEING (NEXT WORD UNDERLININED) COMMITTED BY THE AGREEMENT TO MAINTAINING IN FORCE LAWS WHICH THEY HAVE NOT YET SEEN. IN PRACTICE A PROBLEM IS ONLY LIKELY TO ARISE IF THERE IS A PARTICULAR
LAW TO WHICH THEY OBJECT AND WHICH IS NOT OBVIOUSLY CONTRARY TO WHAT
THEY INTEND TO PUT INTO THE BASIC LAW. I IMAGINE THAT THIS IS A
SITUATION WHICH WE WOULD IN ANY CASE SEEK TO AVOID.
SIGNED A C GALSWORTHY
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