DRAFT
THE HONG KONG (LEGISLATIVE POWERS) ORDER 1986
Explanatory note for the Joint Committee on Statutory Instruments
This Order is made under paragraph 3 of the Schedule to the
Hong Kong Act 1985. A statutory instrument under that paragraph
is subject to annulment in pursuance of a resolution by either
House of Parliament.
The Hong Kong Letters Patent 1917 to 1985 confer legislative power
on the Governor of Hong Kong acting on the advice and consent of the Legislative Council. That power, however, is subject to restrictions
in relation to United Kingdom laws and the extra-territorial
application of laws. Paragraph 3 of the Schedule to the 1985 Act
empowers Her Majesty in Council to confer additional powers on the
legislature of Hong Kong in relation to United Kingdom laws, insofar as they form part of the law of Hong Kong, and extra-territoriality in connection with the ending of British sovereignty and jurisdiction over Hong Kong. The purpose of this provision is to enable Hong Kong,
in preparation for the cessation of British sovereignty and
jurisdiction, to replace with local laws such part of the laws of
Hong Kong as are presently to be found in laws of the United Kingdom
and thus to establish a comprehensive local Statute Book.
The present Instrument is the first exercise of the powers conferred
by paragraph 3 of the Schedule and authorises the Hong Kong legislature
to repeal or amend any United Kingdom statute or
instrument (insofar as it is part of the law of Hong Kong) which
relates to civil aviation or merchant shipping, including admiralty
jurisdiction, and to make laws having extra-territorial operation in
those areas.
Foreign and Commonwealth Office
(Date)