XN000022-1985-03-14 — Page 4

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14. 1985

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+IT IS EXPECTED THAT THIS BILL WILL BECOME AN ACT OF PARLIAMENT WITHIN A FEW WEEKS. THE U.K. GOVERNMENT BY THAT MEANS WILL HAVE SECURED PARLIAMENTARY APPROVAL WHICH WILL ENABLE IT TO RATIFY THE TERMS OF THE JOINT DECLARATION IN DUE COURSE, MR THOMAS SAID.

TURNING TO TASKS IMPLICIT IN THE JOINT DECLARATION, MR THOMAS SAID THAT AFTER 1997, THE LAWS IN HONG KONG WOULD DERIVE THE IR AUTHORITY FROM THE PROVISIONS OF THE JOINT DECLARATION AND THE BASIC LAW, THE CONSTITUTIONAL INSTRUMENT BY WHICH THE SOVEREIGN BODIES OF THE PEOPLE'S REPUBLIC OF CHINA UNDER ITS CONSTITUTION WOULD ESTABLISH THE SPECIAL ADMINISTRATIVE REGION AND PRESCRIBED THE SYSTEMS TO BE INSTITUTED THERE.

+THE PROBLEM ARISES FROM THE FACT THAT TODAY MANY LAWS WHICH ARE PART OF THE LAW OF HONG KONG ARE STILL IN THE FORM OF U.K. ACTS OF PARLIAMENT AND U.K. ORDERS IN COUNCIL, HE SAID.

SOMETIMES THIS WAS FOR HISTORICAL REASONS. MUCH OF U.K. LEGISLATION WAS NOT MADE SPECIALLY FOR HONG KONG BUT WAS EXTENDED TO THIS AND MANY OTHER DEPENDENT TERRITORIES WITH NECESSARY MOD IF ICATIONS.

IN OTHER CASES, THIS WAS BECAUSE THE LEGISLATIVE COUNCIL OF HONG KONG DID NOT HAVE UNLIMITED POWERS OF LEGISLATION. IN PARTICULAR, THERE WAS ORDINARILY NO POWER IN A DEPENDENT TERRITORY TO PASS LAWS THAT APPLIED BEYOND THE LIMITS OF THAT TERRITORY.

SO HAVING REGARD TO THE CONSTITUTIONAL CHANGES MENTIONED IN THE JOINT DECLARATION, MR THOMAS SAID, THE PROGRESSIVE LOCALISATION OF ALL LEGISLATION THAT AT PRESENT DERIVED FROM THE U.K. WOULD BE ESSENTIAL.

+THIS WILL RESULT IN HONG KONG'S LAWS BEING SELF-STANDING AND WHOLLY INDEPENDENT OF UK. LEGISLATION BEFORE THE TRANSFER OF SOVEREIGNTY TAKES PLACE.

•IN THAT WAY THE HONG KONG SAR CAN EXPECT TO INHERIT THE LAWS PRESENTLY IN FORCE IN HONG KONG IN A FORM THAT WILL NOT CONTRAVENE THE BASIC LAW, HE SAID.

AREAS IN WHICH HONG KONG MUST LOCALISE ITS OWN LAWS AND CEASE TO RELY UPON U.K. LEGISLATION WERE TO BE FOUND IN THE FIELDS OF MERCHANT SHIPPING, CIVIL AVIATION, PATENTS AND COPYRIGHT.

+THESE SUBJECTS HAVE ALL BEEN MARKED DOWN BY THE ADMINISTRATION

AS MATTERS FOR CONSIDERATION, HE SAID.

WHILE THESE WERE SOME OF THE MAJOR TASKS AHEAD WHICH COULD BE FORESEEN, MR THOMAS SAID HE HAD NO DOUBT THAT A FURTHER SERIES OF REFORMS WOULD BE REQUIRED WHEN THE BASIC LAW WAS PUBLISHED, WHICH WAS EXPECTED TO BE BY THE 1990S'.

/+I FORESEE