19-007-1993
12:15
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15.
Because. China was not a party to more than half of the multilateral treaties, Chinese agreement was required for them to continue in force for the SAR beyond 1997. Of these, rather less than half had been agreed with China. As to the method by which the
the two sides would ensure the continued application of such treaties, proposals had been made by the British side in March 1989, but despite some discussions, agreement had not yet been reached.
16.
The two international covenants, on Civil and Political Rights and on Economic, Social and Cultural Rights were under discussion in the JLG. In accordance with JD
with JD 156, the two covenants as applied to Hong Kong shall remain in force there after 1997. Those covenants as currently applied included the reporting obligation of the United Kingdom (UK) to the Human
(UK) Rights Committee and the provision that the UK is bound to receive complaints from other parties to the covenant that she is in breach of the covenants in relation to Rong Kong. Therefore, if China, after 1997, whether or not party to the covenants, acted in breach of those covenants (for
(for example by failing to make reports to the Human Rights Committee), the UK under the JD would have a basis on which to complain to China.
(C) Localisation of Laws
17.
Details on the progress
on the localisation of laws were in paragraphs 8-9 of Appendix I..
(D) Adaptation of laws
18.
1993.
Details on the
the adaptation programme were contained in the Attorney General's answer to the Council on 13 October
The Hong
well advanced in the programme, further resources required were being looked at. The Administration expected to begin the process of introducing bills into this Council in the first half of 1994. It was hoped that this could be done with the agreement of the Chinese side. Proposals covering ten Ordinances had been put to the Chinese side, further papers covering further numbers of ordinances would also be handed over.
19.
While it would be for the Standing Committee of the National People's
People's Congress to declare whether any laws were invalid, the purpose of the adaptation programme was to ensure that no such declaration would be necessary.
20.
The British side had just begun two months ago to hand over papers to the Chinese side. There was no reason to suppose that there would be particular problems with changing the obvious words like "Governor", "Royal" etc. However, there would be provisions which referred to the roles of the British Forces, Crown Agents, or Secretary for State etc which would have to be carefully considered before they were adapted.
21.
The Governor had pointed out in his policy address that it would be irresponsible to let a legal vacuum develop and he was determined that everything possible should be done to keep