MONDAY, OCTOBER 25, 1993

WORK ON LOCALISATION AND ADAPTATION OF LAWS

NEED A PUSH

IN

DONE

PUSHING

THE GOVERNMENT KNOWS WELL THERE IS A GREAT DEAL TO BE ITS PROGRAMMES ON LOCALISATION AND ADAPTATION OF LAWS, AND IS AHEAD WITH THE WORK, MR JAMES HANRATTY, ACTING LAW OFFICER (INTERNATIONAL LAW) OF THE LEGAL DEPARTMENT SAID TODAY (MONDAY).

HE BELIEVED, IN

MR HANRATTY TOLD A ROTARY CLUB LUNCHEON THAT HIS CAPACITY AS ONE OF THE LEGAL ADVISERS TO THE BRITISH SIDE

OF THE JOINT LIAISON GROUP (JLG), THAT THE WORK WOULD BE COMPLETED IN A TIMELY FASHION.

"AS THE GOVERNOR SAID IN HIS RECENT ADDRESS TO THE LEGISLATIVE COUNCIL, IF PROGRESS IN THE JLG DID NOT SPEED UP SIGNIFICANTLY, THERE WAS A HIGH RISK THAT THE WORK WOULD NOT BE FINISHED BEFORE 1997, AND WE WOULD THEN FACE A LEGAL VACUUM.

"IT WOULD BE IRRESPONSIBLE FOR THE BRITISH HAPPEN AND THEY ARE DETERMINED THAT THEY WILL DO TO KEEP TO THEIR TARGETS, MR HANRATTY SAID.

**

SIDE то LET THAT EVERYTHING POSSIBLE

ON LOCALISATION OF LAWS, MR HANRATTY ADMITTED THAT LEGISLATIVE TIME WAS SHORT. APART FROM THE REMAINDER OF THE CURRENT SESSION, ONLY TWO FULL LEGISLATIVE SESSIONS REMAIN BEFORE 1998.

"THERE ARE AT LEAST 29 LOCALISING BILLS STILL TO BE ENACTED,

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HE SAID.

OF THE ORIGINALLY IDENTIFIED 300 UK ENACTMENTS WHICH HAVE BEEN APPLIED TO HONG KONG, 30 HAVE BEEN LOCALISED DEALING WITH ADMIRALTY JURISDICTION, MERCHANT SHIPPING AND MARINE POLLUTION.

EIGHTY HAVE BEEN IDENTIFIED AS NOT REQUIRING TO BE LOCALISED, THEY WILL THEREFORE LAPSE; 80 ARE COVERED BY 13 CONSULTATION PAPERS HANDED TO THE CHINESE SIDE. FIFTY WILL BE COVERED BY CONSULTATION PAPERS YET TO BE HANDED TO THE CHINESE SIDE; AND 60 REMAIN TO STUDIED BUT SOME WILL PROBABLY BE ALLOWED TO LAPSE.

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ON ADAPTATION OF LAWS, MR HANRATTY DID NOT DENY THE FACT THAT IF THE PROCESS WERE NOT TO BE COMPLETED, A LEGAL VACUUM WOULD RESULT.

"OBVIOUSLY THIS WOULD BE DAMAGING TO COMMERCIAL AND PERSONAL INTERESTS IN THE HONG KONG SAR (SPECIAL ADMINISTRATIVE REGION).

"TO CITE JUST A FEW EXAMPLES, THE RIGHT OF ABODE IN HONG KONG WOULD BE UNCERTAIN, POSTAGE STAMPS COULD NOT BE ISSUED, THE BASIS ON WHICH LAND IS LEASED WOULD BE UNCLEAR, VALIDITY OF SOME MARRIAGES OR ADOPTIONS MIGHT BE OPEN TO QUESTION AND GAPS WOULD APPEAR IN THE CRIMINAL LAW," HE SAID.

MR HANRATTY FOREWARNED THAT A SERIES OF BILLS WOULD NEED TO INTRODUCED INTO THE LEGISLATIVE COUNCIL STARTING EARLT NEXT YEAR.

"EACH BILL WILL HAVE A NUMBER OF SCHEDULES TEXTUAL AMENDMENTS TO THE VARIOUS ORDINANCES.

CONTAINING

BE

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