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CONFIDENTIAL
in
Council.
make the necessary Order
The power to make such
amendments only lasts until 1 July 1997, when HMG ceases to have
sovereignty or jurisdiction over Hong Kong.
should,
Otherwise
grant of an
subject to
Paragraph 3(2) enables us to repeal or amend any Act, order, rule or
regulation in SO far as it relates to Hong Kong. This will enable us to alter British legislation which relates to Hong Kong but is not part of the law of Hong Kong. An example would be Section 64 of
the Civil Aviation Act 1982, which wou id need consequential
amendment if Hong Kong
as part of its "localisation"
programme, decide to set up its own system for the
transport licences.
that section would,
certain exceptions, make it an offence to operate a Hong Kong
aircraft into and out of the United Kingdom because the operators
would not be licenced under the Act. This sub-paragraph also
enables us to amend the laws of other dependent territories if
It would not be appropriate for the Hong Kong legislature to have this power. Some tidying up amendments may be
necessary even after 1 July 1997, so this section provides for such
amendments to be made at
to be made at any time before or after 1 July 1997.
necessary.
effect.
Paragraph 3(3)
3(3) enables
enables Her Majesty by Order in Council to decide
when such Orders will have
Thus even although an Order under paragraph 3(1) must be made before I July 1997, it may relate
to a period before or after that date. So, for example, an Order
could permit Hong Kong to replace the Merchant Shipping Acts with a
local Ordinance to establish a system which in many respects could
continue to operate after 1997.
Paragraph 3(4) provides that such Orders will be subject only to
negative resolution procedures.
CONFIDENTIAL