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THE LEGAL SYSTEM
THE law of Hong Kong generally follows that of England. The Application of English Law Ordinance declares the extent to which English law is in force in the territory. The ordinance provides that the common law of England and the rules of equity shall be in force in Hong Kong so far as they are applicable to the circumstances of Hong Kong or its inhabitants, subject to such modifications as such circumstances may require. The ordinance applies some English Acts, such as the Justices of the Peace Act of 1361, to Hong Kong.
United Kingdom legislation may be applied to Hong Kong either directly or by order of Her Majesty in Council under the legislation. In addition, the power of Her Majesty to make all such laws as may appear necessary for the peace, order and good government of the territory is expressly reserved by Article IX of the Letters Patent. In practice, the exercise of these powers is largely confined to matters which have a bearing on Hong Kong's international position. For example, the Multilateral Investment Guarantee Agency (Overseas Territory) Order 1988 is an Order in Council implementing in Hong Kong a treaty to which the United Kingdom is a party.
In order to ensure that by 1997 Hong Kong will possess a comprehensive body of law which owes its authority to the Legislature of Hong Kong, it is necessary to replace such United Kingdom legislation which applies to Hong Kong by local legislation on the same topics. The Hong Kong legislature has been empowered under the Hong Kong Act 1985 to repeal or amend any enactment so far as it is part of the law of Hong Kong and to make laws having extra-territorial operation, if the enactment relates to civil aviation, merchant shipping, or admiralty jurisdiction or is required in order to give effect to an international agreement which applies to Hong Kong. Legislation has already been enacted to localise laws in the fields of admiralty jurisdiction, marine pollution and merchant shipping, and work in other areas is in progress.
A Localisation and Adaptation of Laws Unit has been established in the Attorney General's Chambers. This unit's role is to co-ordinate and speed up work in the localisation of United Kingdom legislation which now applies to Hong Kong. It also advises on the adaptation of the Laws of Hong Kong to ensure compatibility with the Basic Law of the Hong Kong Special Administration Region which was promulgated in April 1990. A review by policy branches of all ordinances within their spheres of responsibilities is being undertaken and, where appropriate, drafting instructions will be prepared with a view to appropriate amendments being enacted before July 1, 1997.
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