布政司署
香港下亞厘畢道
AM 19/10
(16) in AP211/9-(C) (90) II
CONFIDENTIAL (48
GOVERNMENT SECRETARIAT
LOWER ALBERT ROAD
HONG KONG
BY BAG
* OUR Ref :
R&R pls
來函檔號 Your Ref:
Gw
11/10
HKB 233/1
3 October 1991
Miss Emma Williams
Hong Kong Department
Foreign and Commonwealth Office
LONDON
Dear Miss Williams,
Localisation of UK Laws on
Civil Service Matters
131
I refer to Ms Coglin's letter of 6 September 1991 to Christina Tsang on the above subject.
As requested, we have researched into the background of this matter. According to our records, the need for localising UK legislation applicable to Hong Kong was first raised in May 1985 following the enactment of the Hong Kong Act 1985 which made provision for and in connection with the ending of British sovereignty and jurisdiction over Hong Kong as from 1 July 1997. Copies of
the Act and the explanatory note are at Annexes A and B respectively.
Secretariat
*
In an attempt within the Hong Kong Government to locate those UK Acts, Orders in Council, etc which are part of the laws of Hong Kong or are applied to Hong Kong, reference was made to, inter alia, Appendix II of the Laws of Hong Kong (Annex C) which is a list of "English Acts applicable to Hong Kong by virtue of the terms thereof or made applicable by Orders in Council or Ordinances" The Superannuation Act 1965 was intuitively regarded as one of those UK Acts which applies to Hong Kong because it is stated in the list that it "applies to any Colony" (page 6 of Annex C refers). We are however not certain whether it should be incorporated into the laws of Hong Kong and which specific provisions in the Act need to be covered. Indeed it makes reference to numerous countries outside the Commonwealth with whom there has certainly been no
localisation.