Bill of Rights Localisation of Legislation (paras 29 and 39)
The reference to a Bill of Rights in paragraph 29 is slightly misleading in that it suggests that the introduction of a Bill of Rights would be part of the process of localisation of law in Hong
Kong. This is not the case since the process of localisation
refers to the re-enactment in Hong Kong of UK statutes which have been directly applied to Hong Kong and which would otherwise lapse
in 1997. It is not concerned with codifying existing practices,
including the common law, which would be the purpose of a Bill of
Rights. A similar confusion arises at the end of paragraph 39. In
fact Article 8 of the Basic Law provides for the continuation in
force of the common law after 1997, while Article 83 stipulates that
the courts of the HK SAR may refer to precedents of other common law
jurisdictions. All this would be worth explaining in a supplementary memorandum.
Chief Executive's powers to dissolve Legislative Council (para 35)
The explanation given by the Secretary of State of the Chief
Executive's powers to dissolve the Legislative Council under Article
50 may need to be further amplified in a footnote. Article 50 needs
to be read in conjunction with Article 69 which provides that after
dissolution the Legislative Council shall be reconstituted by
elections within 3 months and with Article 52 which caters for the
circumstances where the new Legislative Council again passes the
Bill which was originally in dispute.
Nationality/Categories eligible for settlement in the UK (para 58)
The reference to students qualifying for settlement is not quite
accurate. Students do require entry clearance certificates (unlike
short term visitors) but they are not eligible for settlement after
four years' residence and for citizenship after five years.