SUNDAY, JANUARY 12, 1986
LOCALISATION OF LAW ESSENTIAL, AG SAYS
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THE PROGRESSIVE LOCALISATION OF ALL LEGISLATION AT PRESENT DERIVED FROM THE UNITED KINGDOM WOULD BE ESSENTIAL, HAVING REGARD TO THE CONSTITUTIONAL CHANGES MENTIONED IN THE JOINT DECLARATION, THE ATTORNEY GENERAL, MR MICHAEL THOMAS, SAID TODAY (SUNDAY).
+THIS WILL RESULT IN HONG KONG'S LAWS BEING SELF-STANDING AND WHOLLY INDEPENDENT OF UNITED KINGDOM LEGISLATION BY THE TIME THE TRANSFER OF SOVEREIGNTY TAKES PLACE.
+ IN THAT WAY THE HONG KONG SAR (SPECIAL ADMINISTRATIVE REGION) CAN EXPECT TO INHERIT THE LAWS PRESENTLY IN FORCE IN HONG KONG IN A FORM THAT WILL NOT CONTRAVENE THE BASIC LAW, + MR THOMAS SAID,
THE LAWS CONCERNING MERCHANT SHIPPING WERE A GOOD EXAMPLE OF THIS, HE SAID. THE MERCHANT SHIPPING ACT OF 1894, THE LONGEST ACT ON THE UNITED KINGDOM STATUTE BOOK, WITH ITS SERIES OF SUPPLEMENTARY ACTS AND AMENDING ACTS, IS AT PRESENT APPLICABLE TO SHIPS REGISTERED IN HONG KONG.
AS HONG KONG DID NOT HAVE ITS OWN SHIPPING REGISTER, IT WAS TREATED AS A PORT OF THE UNITED KINGDOM, HE SAID.
A PROVISION IN ANNEX 1 OF THE JOINT DECLARATION, COUPLED WITH THE GENERAL PROVISION FOR THE CONTINUATION OF THE LAWS IN FORCE BEYOND 1997, MADE IT NECESSARY FOR HONG KONG TO PRODUCE ITS OWN SHIPPING LEGISLATION AS SOON AS PRACTICABLE, HE SAID,
OTHER EXAMPLES OF AREAS IN WHICH HONG KONG HAD TO LOCALISE ITS OWN LAWS AND CEASE TO RELY ON UNITED KINGDOM LEGISLATION WERE TO BE FOUND IN THE FIELDS OF CIVIL AVIATION, PATENTS AND COPYRIGHT.
MR THOMAS WAS SPEAKING THIS AFTERNOON ON THE SUBJECT +LEGAL REFORM IN HONG KONG PRIOR TO 1997+ AT THE ANNIVERSARY CEREMONY OF MEETING POINT.
HE HAD NO DOUBT THAT A FURTHER SERIES OF REFORM WOULD BE REQUIRED WHEN THE BASIC LAW WAS PUBLISHED, AND FORESAW THE NEED TO REMOVE FROM THE LAWS BY 1997 REFERENCES TO +COLONY+, OR +THE CROWN+, OR +THE SECRETARY OF STATE+, AMONG SOME OF THE OBVIOUS EXAMPLES HE HAD IN MIND.
OFFENCES SUCH AS TREASON, WHICH REFLECTED THE BRITISH CONCEPT OF ALLEGIANCE TO THE SOVEREIGN, MIGHT NEED TO BE CONSIDERED. AGATI DEPENDING ON THE BASIC LAW, REFERENCES TO POSTAGE STAMPS AND COATS OF ARMS WOULD ALSO NEED SOME AMENDMENT.
+ IN RELATION TO LAND, THE POSITION OF THE CROWN AS THE PROPRIETOR OF ALL CROWN LAND WILL HAVE TO BE CONSIDERED. OATHS AND DECLARATIONS PROVIDED UNDER THE LAW MAY ALSO NEED TO BE CHANGED TO REFLECT THE NEW POLITICAL ARRANGEMENTS, MR THOMAS SAID.
SA FURTHER