42

IMPLEMENTATION OF THE SINO-BRITISH JOINT DECLARATION

At the same meeting it was also agreed that identity cards issued in Hong Kong before July 1, 1997 will remain valid thereafter until replaced by the Special Administrative Region Government. At the fourth JLG meeting the design of the new identity card was also agreed on.

In the case of Certificates of Identity, which are used by about one million Hong Kong residents to travel abroad, agreement was reached at the fourth JLG meeting that such documents issued before July 1, 1997 would continue to have a ten year validity and would carry an endorsement substantially the same as that agreed for inclusion in British National (Overseas) Passports.

Air Service Agreements

Until this year, all air services on routes between Hong Kong and other countries were regulated by Air Service Agreements (ASAs) signed between those countries and the United Kingdom. It being recognised that such agreements will not be valid beyond 1997, a common view was reached at the fourth meeting of the JLG regarding procedures for separating Hong Kong's interests from existing United Kingdom ASAs. This measure would make it possible for separate agreements to remain intact beyond 1997 in accordance with the provisions of the Joint Declaration. On September 17, Hong Kong signed its first 'separate' ASA with the Netherlands Government. It is planned to separate the remaining 22 ASAS applicable to Hong Kong well before 1997.

Hong Kong Shipping Register

Agreement on the principles involved in establishing a Hong Kong Shipping Register was reached at the fourth meeting of the JLG. The plan will involve the establishment of a Register which will be separate from the British Register currently applying to Hong Kong, but which will be based on the internationally recognised high British standards. The plan as agreed with the Chinese Government was published on October 14, and the Hong Kong Government is now engaged in consultation with interested parties, including shipowners and unions in order to implement it.

Localisation of United Kingdom Legislation Applying to Hong Kong

A portion of Hong Kong's laws, for example those governing merchant shipping and civil aviation, are in fact United Kingdom laws applied to Hong Kong either directly or by means of Orders in Council. Before 1997, the provisions of all such laws, which will still be required in Hong Kong, must be 'localised', that is, replaced by similar legislation, but enacted in Hong Kong. As a first step, the Hong Kong (Legislative Powers) Order 1986, made on July 25, 1986, gives the Hong Kong legislature power to amend or repeal legislation which applies to Hong Kong in the fields of merchant shipping, civil aviation and admiralty jurisdiction. The Order also empowers the Hong Kong legislature to make laws having extra-territorial effect in those fields.

Sub-group on International Rights and Obligations

The first standing sub-group set up by the JLG, the Sub-group on International Rights and Obligations, was formally established in the fourth meeting of the JLG to examine and discuss matters relevant to the continued application of international rights and obligations affecting Hong Kong and to report its conclusions to the JLG. The sub-group consists of three experts on each side, supplemented as necessary by other experts and supporting staff. It has its principal base in Hong Kong, although it may meet, if necessary, in Peking or London.

Share This Page