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! URGE THE HOUSE, FOR THE REASONS I HAVE OUTLINED, TO REJECT THE REASONED AMENDMENT STANDING IN THE NAMES OF THE RT HON MEMBERS FOR SOUTH DOWN AND ORPINGTON.
ADAPTATION OF LAW
PARAGRAPH 3 OF THE SCHEDULE GIVES THE NECESSARY POWERS TO MAKE CHANGES IN BRITISH LAW IN CONSEQUENCE OF OR IN CONNECTION WITH THE ENDING OF SOVEREIGNTY. IT ENABLES ORDERS IN COUNCIL TO BE MADE:
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TO REPEAL OR AMEND UK LEGISLATION IN SO FAR AS IT IS PART OF THE LAW OF HONG KONG.
TO ENABLE THE LEGISLATURE OF HONG KONG TO REPEAL OR AMEND UK LEGISLATION IN SO FAR AS IT IS PART OF THE LAW OF HONG KONG AND TO LEGISLATE WITH EXTRA-TERRITORIAL EFFECT.
AND TO REPEAL OR AMEND BRITISH LEGISLATION WHICH RELATES TO HONG KONG.
THESE ARE NORMAL PROVISIONS WHEN THIS COUNTRY CEASES TO HAVE SOVEREIGNTY OVER A TERRITORY. THEY ARE WRITTEN IN INDEPENDENCE ACTS, AND ALTHOUGH THIS BILL IS OF COURSE DIFFERENT FROM AN INDEPENDENCE BILL A SIMILAR PROVISION IS NECESSARY IN THE CASE OF HONG KONG. IT WOULD BE INAPPROPRIATE TO CONTINUE AFTER 1997 TO HAVE REFERENCES IN THE LAWS IMPLYING THE CONTINUATION OF A CONSTITUTIONAL RELATIONSHIP WITH THIS COUNTRY.
THIS CLAUSE PARAGRAPH 3 WILL ALSO ALLOW HONG KONG IN THE YEARS UP TO 1997 TO ADOPT LOCAL LAWS TO REPLACE THOSE UK ENACTMENTS WHICH CURRENTLY FORM PART OF THE LAW OF HONG KONG, FOR INSTANCE IN THE CIVIL AVIATION AND SHIPPING FIELDS. IT IS PRIMARILY IN THESE FIELDS THAT LEGISLATION WILL BE NECESSARY WITH EXTRATERRITORIAL EFFECT,
FOR INSTANCE IN CONNECTION WITH AIR PIRACY, AND REGULATIONS FOR SHIPPING. THIS IS A VERY IMPORTANT PROVISION SINCE IT IS CLEARLY ESSENTIAL THAT BY 1997 HONG KONG'S LAW CAN BE SELF-CONTAINED SINCE IT IS TO FORM THE GENERAL CORPUS OF LAW OF THE SPECIAL ADMINISTRATIVE REGION UNDER THE AGREEMENT.
ASSURANCE HE
MR ANDREW FAULDS (LABOUR) ... (ANNOUNCER SPEAKS) HAS JUST GIVEN WOULD COVER NON-CHINESE HONG KONGERS WHO LIVE ABROAD - IN OTHER WORDS IN SOUTHEAST ASIA SOMEWHERE AND WHO WOULD BE IN A GHASTLY LIMBO OF LOSTNESS IF THEY WERE NOT COVERED BY WHAT I UNDERSTAND OF THE ASSURANCES THAT HE IS NOW GIVING.
SIR GEOFFREY: THE HONOURABLE MEMBER MUST FORGIVE ME IF I DON'T INSTANTLY RESPOND TO THAT BECAUSE ALMOST EVERY WORD IN THE SENTENCE HE PUTS TO ME MAY OR MAY NOT HAVE SOME SPECIAL MEANING THAT I THINK WOULD NEED CONSIDERATION. I SEE THE POINT, IT IS CONSIDERED, IF POSSIBLE MY HONOURABLE FRIEND WILL DEAL WITH IT IN HIS SPEECH AT THE CONCLUSION OF THE DEBATE.
/MR PETER