CONFIDENTIAL

209)

125130

MDHIAN 7939

CONFIDENTIAL

FM HONG KONG

TO IMMEDIATE FCO

TELNO 2097

OF 06111OZ JULY 90

HKD.241/1.

RECE

12 JUL 1990

RY

HUGISTRY

wution Taken

HONGKONG

INFO IMMEDIATE PEKING, KREP JLG HONG KONG

TOP COPY Q DIST?

MIPT: BILL OF RIGHTS: SUBMISSION TO EXCO: TEXTS OF CLAUSES 3 AND 14

1. CLAUSE 3 NOW READS:

QUOTE

EFFECT ON PRE-EXISTING LAW

(1) ALL PRE-EXISTING LEGISLATION THAT ADMITS OF A CONSTRUCTION CONSISTENT WITH THIS ORDINANCE SHALL BE GIVEN SUCH A CONSTRUCTION.

(2) ALL PRE-EXISTING LEGISLATION THAT DOES NOT ADMIT OF A CONSTRUCTION CONSISTENT WITH THIS ORDINANCE IS, TO THE EXTENT OF THE INCONSISTENCY, REPEALED.

(3) ANY PRINCIPLE OF COMMON LAW (INCLUDING THE RULES OF EQUITY) OR CUSTOMARY LAW THAT IS INCONSISTENT WITH THIS ORDINANCE IS, TO THE EXTENT OF THE INCONSISTENCY, ABROGATED.

UNQUOTE.

2. CLAUSE 14 NOW READS:

QUOTE

TEMPORARY SAVINGS

(1) FOR A PERIOD OF 1 YEAR FROM THE COMMENCEMENT DATE, THIS ORDINANCE IS SUBJECT TO PRE-EXISTING LEGISLATION.

(2) THIS ORDINANCE DOES NOT AFFECT ANY ACT DONE (INCLUDING ANY ACT DONE IN THE EXERCISE OF A DISCRETION) UNDER PRE-EXISTING LEGISLATION BEFORE THE FIRST ANNIVERSARY OF THE COMMENCEMENT DATE.

(3) NOTWITHSTANDING SECTION 3, FOR A PERIOD OF 2 YEARS FROM THE COMMENCEMENT DATE, OR SUCH FURTHER PERIOD AS THE LEGISLATIVE COUNCIL MAY, BY RESOLUTION, DETERMINE, THIS ORDINANCE IS SUBJECT TO ANY PROVISION REFERRED TO IN THE SCHEDULE.

PAGE 1 CONFIDENTIAL

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