Order-in-Council (Statutory Instruments, 1967 No. 1911, Fugitive Criminal, the Fugitive offenders (Hong Kong) Order 1967) ("the Hong Kong Order") in view of the Basic Law. It is my opinion on the basis of Article 8 of the Basic Law that the Hong Kong Order would, in practice, be inoperative and will cease to have effect as at 1st July 1997.
8.
Article 8 of The Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China provides:
The laws previously in force in Hong Kong, that is, the common law, rules of equity, ordinances, subordinate legislation and customary law shall be maintained, except for any that contravene this Law, and subject to any
amendment by the legislature of the Hong Kong Special Administrative Region.
9. This article makes no reference to British legislation or viders-in-Council, so the logical interpretation is that the Hong Kong Order is not to be continued after July 1, 1997, and would, in practice, be inoperative thereby. Moreover, since Hong Kong will be placed under the sovereignty of the PRC on July 1, 1997, there is no reason for the PRC to continue British legislation on Hong Kong, except for those the PRC specifically agreed to continue in Article 8 of its Basic Law. Since the Basic Law makes no reference to British legislation or Order in Council, the British Fugitive Offenders (Hong Kong) Order 1967 will lapse on July 1, 1997.
10. Given that such a vacuum in Hong Kong's extradition law currently exists, the question is raised as to whether:
(1)
(2)
Law to in
the HKSAR has the power under the Basic legislate OX to make any other arrangements respect of extradition, and
the current Hong Kong legislature can "localise" the contents of the Hong Kong Order into an ordinance such that it survives as an "ordinance" after July 1, 1997 under Article 8 of the Basic Law.
In
11. My conclusion on both of those questions is negative. reaching this conclusion, one must take note of the special situation in Hong Kong. For most British colonies, maintaining their extradition powers and relations after independence was comparatively easy, The British legislation which gave the legal powers to extradite needed only to be permitted to continue in force. To maintain extradition relations, the government of an ex- colony which had chosen to become a full member of the Commonwealth
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