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CHAPTER 12
12. Other Legal Aspects
12.1.
Whilst we did not go into the wider aspects of
the legal background supporting the new register beyond
1997, we were asked to what extent the common law would
apply in Hong Kong after 1997 and whether new shipping
legislation would have regard to basic common law
concepts.
12.2.
In addition, it
The Joint Declaration provides that after the
establishment of the Hong Kong SAR, the laws previously
in force in Hong Kong shall be maintained save for any
which convene the Basic Law and subject to any amendment
to the Hong Kong SAR Legislature.
provides that the law of the Hong Kong SAR will include
the common law and laws enacted by the legislature of
the SAR. The law will thus be capable of adapting to
changing conditions and will be free to take account of
developments in the common law elsewhere. The Courts of
the SAR will be able to refer to precedents in other
common law jurisdictions.
12.3.
In these circumstances, it is unlikely that
the merchant shipping legislation enacted in Hong Kong
before 1997 and by the Hong Kong SAR after 1997 will be
in a form and character significantly different from
that which applies to Hong Kong at present. It goes
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