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Migaler

HICK

18012

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Ps Joli Eggan

PS/Mr Renton

PROBLEM

1.

INDLA

28

FROM JUL1986HUM, HKD

DATE: 27 June 1986

A

cc, Dr Wilson

ала Нука сиголь

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Ms Eggar Las signed.

Barry Tayl

APS/N Egyar 356/86

Mr FifootLegal Advisers)

THE HONG KONG (LEGISLATIVE POWERS) ORDER 1986

Hong Kong have sought an extension of the powers of the

This is in accor-

legislature in certain areas of the law.

dance with the provisions of the Hong Kong Act 1985.

Exten-

sion is made by Order in Council and it is proposed that the

attached draft Order be submitted to the Privy Council at its

meeting on 8 July.

RECOMMENDATION

2.

I recommend that Mr Renton should approve the draft Order.

If he agrees, he should sign his name in the top right-hand

margin of the draft Order.

BACKGROUND

3. The general powers of a colonial legislature such as the

Hong Kong Legislative Council to make laws for the peace,

order and good government of the territory are subject to

restrictions on repealing or amending any UK law which extends

to the territory and (in a somewhat ill-defined manner) on laws

having extraterritorial effect. A number of laws presently in

force in Hong Kong are UK laws. It is desirable, in order to

remove what may be characterised as "colonial" associations,

to replace such laws by ordinances which have been enacted by

the Hong Kong legislature, thereby providing Hong Kong with a

comprehensive local statute book and facilitating the continuity

of the laws of Hong Kong after 1997. Hong Kong proposes to

adopt a programme for the localisation of laws and to make a

/start

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