203
1.
In Smith 1/4
in
2. In Kaycan (or)
Leebra! Mr Lesbo 1974
Mave we taken accant of these
Comments?
Mr Locks, HKD71/3
SECRET
Cayden
Kayden 1/4
FROM: PAUL FIFOOT
DEPUTY LEGAL ADVISER
DATE : 26 March 1986
се
: Dr Wilson
Mr Hum, HKD
Mr Wood, Legal Advisers
REPRESENTATIVÉ GOVERNMENT AND THE BASIC LAW HONG KONG TELNO 934
1.
(59)
Following our comments in FCO telno 564, para 1(g) of Hong Kong telno 934 reports the deletion from the Basic Law paper 35-(Hong Kong telno 852) of item 21 of the Annex. This item was
intended to deal with transitional provisions.
2.
I have in the past commented on the need to bear in mind that provision must be made for transitional provisions and indeed have provided Mr Burrows with the kind of material which needs to be thought about in this respect. The content of the transitional provisions need not concern us at the moment but we must not lose sight of the fact that the legal instrument which sets out the transitional provisions must be one which is basic to the constitutional position of Hong Kong on 1 July 1997. That would seem to indicate that the provision is contained directly or indirectly in the Basic Law or (and I imagine that this would be less attractive) in some other law enacted by the NPC to amplify the Basic Law.
3.
The proposition can be illustrated at its simplest by looking at the position of existing legislation. Existing legislation at present depends for its essential validity on the Letters Patent which gives the Governor and the Legislative Council power to make laws. When the Letters Patent fall away on 30 June 1997 it is ncessary to substitute some other constituional document to support the continuance in force of the laws. It may be inferred, though it is not expressed, that Section II of Annex I to the Joint Declaration both recognises this and, perhaps more tenuously, recognises that such provision in relation to the laws will need to be made in the Basic Law. That is an obvious case. However the need for a continuation of authority and administration goes much deeper and wider. Here are 3 more specific examples:-
i)
Persons holding office in the Police Force on
30 June 1997 need to be able to continue to function as persons holding office in the Police Force on 1 July 1997 without having to be individually reappointed;
ii)
an application for a licence to run a bus company which was received and partially dealt with by the appropriate authority during the month of June 1997 needs to be processed without a new application during the month of July 1997;
HKROLL RECEIVED IN REGISTRY
1 7 APR 1986
SECRET
INDCH
PA
STAY
Tom faken
FfB 7/4
/iii)...