XN000022-1993-10-13 — Page 19

WEDNESDAY, OCTOBER 13, 1993

MAJORITY OF HK LAWS NEED ADAPTATION

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THE MAJORITY OF THE 587 ORDINANCES ON THE HONG KONG STATUE BOOK WOULD REQUIRE ADAPTATION IN VARYING DEOREES.

THIS IS TO ENSURE THEIR CONSISTENCY WITH BOTH THE LANGUAGE AND THE SUSTANTIVE PROVISIONS OF THE BASIC LAW, THE ATTORNEY GENERAL, MR JEREMY MATHEWS, SAID IN THE LEGISLATIVE COUNCIL TODAY (WEDNESDAY).

IN REPLY TO A QUESTION RAISED BY THE HON EMILY LAU WAI-HING, MR MATHEWS TOLD LEGISLATORS THAT HIS DEPARTMENT HAD AN ADAPTATION OF LAWS PROGRAMME TO AMEND THE HONG KONG ORDINANCES THAT WOULD BE INCONSISTENT WITH THE BASIC LAW.

BY

"UNDER THIS PROGRAMME, AN INITIAL REVIEW OF ALL THE ORDINANCES BY THE RESPECTIVE POLICY BRANCHES IS FIRST CARRIED OUT, FOLLOWED DETAILED STUDY AND ANALYSIS BY THE LOCALISATION AND ADAPTATION LAWS UNIT OF MY CHAMBERS.

TT

OF

PROPOSALS FOR THE ADAPTATION OF INDIVIDUAL ORDINANCES ARE THEN DRAWN UP AND DISCUSSED WITH THE CHINESE SIDE EN THE JOINT LIAISON GROUP.

"THE PROPOSALS WILL FORM THE SCHEDULES OF A NUMBER OF BILLS FOR ENACTMENT BY THE LEGISLATIVE COUNCIL IN THE NEXT THREE YEARS ΤΟ TAKE EFFECT FROM JULY 1, 1997, SAID MR MATHEWS.

THE

WHEN ASKED WHETHER

GOVERNMENT HAD ANY PROBLEM IN THE INTERPRETATION OF THE RELEVANT PROVISIONS IN THE BASIC LAW, MR MATHEWS SAID UNDER ITS PROVISIONS, THE BASIC LAW WOULD BE INTERPRETED BY THE COURTS OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION, OR IN CERTAIN CIRCUMSTANCES BY THE STANDING COMMITTEE OF CHINA'S NATIONAL PEOPLE'S CONGRESS.

HE ADMITTED THAT IN PREPARING THE REQUIRED ADAPTATIONS OF KONG LAWS TO ACHIEVE CONSISTENCY WITH THE BASIC HAD TO TAKE A VIEW ON THE MEANING OF CERTAIN OF ITS PROVISIONS.

HONG

LAW, THE GOVERNMENT

"TO ENSURE THAT OUR VIEW COINCIDES WITH THAT OF THE CHINESE SIDE WE HAVE UNDERTAKEN TO CONSULT THEM.

H

CLEARLY, IF AGREEMENT CAN BE REACHED WITH THE CHINESE SIDE ON THE ADAPTATION OF HONG KONG'S LAWS FOR COMPATIBILITY WITH THE BASIC LAW, THAT WOULD BE THE BEST MEANS OF ENSURING THAT NONE OF OUR LAWS WILL BE DECLARED TO BE IN CONTRAVENTION WITH THE BASIC LAW BY THE STANDING COMMITTEE OF THE NATIONAL PROPLE'S 160 OF THE BASIC LAW," HE SAID.

CONGRESS UNDER

ARTICLE

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