XN000022-1996-01-08 — Page 42

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He said the Chinese side had not accepted this approach and it was understood that the Preliminary Working Committee (PWC) Legal Sub-group had suggested that the Preparatory Committee for the Special Administrative Region should recommend to the National People's Congress that it should make a decision before July 1, 1997 in accordance with Article 160 of the Basic Law.

This decision would declare that ordinances and subsidiary legislation which contravene the Basic Law shall not be adopted as laws of Hong Kong, and would set out the principles for applying and interpreting the other laws which are to be adopted as the laws of the Special Administrative Region.

Mr Mathews further noted that the PWC had not published the details of its proposals that certain legislation should not be adopted as laws of the Hong Kong SAR.

"However, I can readily confirm that most of our laws should continue to apply beyond the transfer of sovereignty. This is because in drafting our laws, we have taken fully into account the Joint Declaration and the Basic Law.

"There should therefore be no ground for suggesting that any of our laws should be repealed on the basis of incompatibility with the Basic Law, except for those which carry colonial connotations and the purpose of which will be spent following the transfer of sovereignty," he said.

He added that it was essential that the modalities for the adaptation of laws were made known at an early date, so that the local and international communities could be satisfied that they were acceptable, and that the necessary amendments to individual ordinances would be achieved in a proper and timely manner.

"We are therefore seeking clarification from the Chinese side through the Joint Liaison Group as regards their latest thinking on the modalities for the adaptation of laws and on how the continued application of Hong Kong laws is to be achieved." he said.

End