XN000022-1984-11-08 — Page 10

THURSDAY, NOVEMBER 8, 1984

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SPECIAL UNIT TO STUDY LAWS

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A SPECIAL UNIT IS BEING SET UP TO DEAL WITH LEGAL TASKS ARISING FROM THE JOINT SINO-BRITISH DECLARATION ON THE FUTURE OF HONG KONG, THE ATTORNEY GENERAL, MR MICHAEL THOMAS, TOLD THE LEGISLATIVE COUNCIL TODAY.

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MR THOMAS SAID THERE WERE MANY AREAS OF WORK TO BE COVERED, THE GOVERNMENT WAS FULLY AWARE OF WHAT LAY AHEAD AND IT HAD THE DETERMINATION TO TACKLE THESE TASKS.

WARNING THAT IT WOULD TAKE TIME TO PRODUCE RESULTS, GIVEN FINANCIAL CONSIDERATIONS AND DIFFICULTIES IN RECRUITING AND RETAINING SKILLED AND EXPERIENCED LAWYERS, PARTICULARLY LAW DRAFTSMEN, MR THOMAS SAID: +1 HAVE ALREADY PUT IN MOTION THE MACHINERY TO SET UP A SPECIAL UNIT IN MY CHAMBERS THAT WILL BE. SEIZED WITH THE TASKS WHICH WILL ARISE FROM THE JOINT DECLARATION.

+THIS UNIT, I HOPE, WILL BE SUPPORTED BY A STRENGTHENED POLICY DIVISION UNDER THE SOLICITOR GENERAL. THESE THINGS WILL HAVE TO BE DONE, AND, SOMEHOW, WE MUST FIND THE MANPOWER AND RESOURCES WITH WHICH TO DO THEM.✶

MR THOMAS SAID HE ACCEPTED THE NEED TO MODIFY HONG KONG LEGISLATION TO ENSURE A SMOOTH TRANSITION IN THE IMPENDING CONSTITUTIONAL CHANGE.

+SEVERAL IMPORTANT AREAS OF OUR LAW ARE PRESENTLY CONTAINED, NOT IN HONG KONG LEGISLATION, BUT IN UNITED KINGDOM ACTS AND ORDERS IN COUNCIL. IN MANY CASES, THIS UNITED KINGDOM LEGISLATION WAS NOT MADE ESPECIALLY FOR HONG KONG BUT WAS EXTENDED TO THIS TERRITORY WITH MODIFICATIONS.

+ THE RESULT IS THAT THE LAW IN THESE FIELDS IS NOT READILY ACCESSIBLE AND IS OFTEN DIFFICULT TO READ IN THE CONTEXT OF HONG KONG UNLESS ONE IS A LAWYER AND MOREOVER, A LAWYER WITH A SOUND KNOWLEDGE OF HONG KONG AND BRITISH LEGISLATION. THIS IS

HAVING REGARD OBVIOUSLY UNDESIRABLE FOR PURELY PRACTICAL REASONS.

TO THE CONSTITUTIONAL CHANGES MENTIONED IN THE JOINT DECLARATION, THE PROGRESSIVE LOCALISATION OF ALL LEGISLATION WILL BE ESSENTIAL.

AMONG THE FIELDS OF LAW REQUIRING SPECIAL ATTENTION, SAID MR THOMAS WAS THE DRAFTING OF A CODE TO COVER MERCHANT SHIPPING A TASK WHICH COULD TAKE FIVE YEARS USING TWO DRAFTSMEN - AVIATION, PATENTS AND COPYRIGHT.

ADDITIONALLY, HE SAID: +WE NEED TO GIVE EFFECT TO THE AGREED OBJECTIVE THAT THE RESOLUTION OF LEGAL DISPUTES AND THE INTERPRETATION OF LAWS SHOULD CONCLUDE HERE IN HONG KONG.

I AGREE

WITH THE CHIEF JUSTICE AND OTHERS THAT IT IS DESIRABLE THAT A FINAL COURT OF APPEAL SHOULD BE ESTABLISHED WELL BEFORE 1997 IN ORDER TO ENSURE A SMOOTH TRANSITION. +

/ON TREATIES,

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