TNAG-1286-FCO40-16372-Constitutional-development-in-Hong-Kong.-Part-2-of-2-1984 — Page 184

2

Existing laws

Cap. 1

Constitutional requirements fulfilled by existing provisions

Prerogatives, powers and duties

Republic of Tanganyika (Consequential Provisions)

Continuity of laws and legal proceedings

5. (1) Without prejudice to the repeal or revocation of any exist ing law with effect from the date on which this Act comes into operation the existing law shall continue to be the law of Tanganyika after the commencement of the Republican Constitution, except in so far as it is thereafter amended, modified, repealed or revoked by competent authority or any provision thereof expires, but shall be construed with such modifications, adaptations,-qualifications, and exceptions as may be necessary to bring it into conformity with the provisions of the Republican Constitution or as are provided in this Act; and for the avoidance of doubts it is hereby declared that, subject as aforesaid and to other the provisions of this Act, the operation of the existing law after the commencement of the Republican Constitution shall not be affected by the repeal or revocation of the laws specified in Part I of the First Schedule to this Act, or by Tanganyika becoming a Republic.

(2) The President may, at any time before the ninth day of June, 1963, by order published in the Gazette, make such amendments to any existing law as may appear to him to be necessary or expedient for bringing that law into conformity with the provisions of the Republican Constitution or otherwise for giving effect or enabling effect to be given to those provisions, and where the President makes an order under this section in relation to an Act of the Common Services Organization, that order shall have effect so as to amend that law in and in relation to any person or matter connected with Tanganyika, notwithstanding any provision to the contrary in the Interpretation and General Clauses Ordinance.

6. Where any matter that falls to be prescribed or otherwise provided for under the Republican Constitution by Parliament, or by any other authority or person, is prescribed or provided for by or under existing law (including any amendment made to such law under section 5 or section 31), or is otherwise prescribed or provided for immediately before the commencement of the Republican Constitution by or under the 1961 Order, that prescription or provision shall, as from the com- mencement of the Republican Constitution, have effect as if it had been made under the Republican Constitution by Parliament or, as the case may be, by the other authority or person.

7. (1) Where, under existing law, any rights, prerogatives, powers, privileges, duties or functions are vested in or imposed on Her Majesty the Queen or the Crown in respect of Tanganyika, those rights, preroga- tives, powers, privileges, duties and functions shall, on the commence- ment of the Republican Constitution, vest in and be imposed on the Republic and, subject to the provisions of the Republican Constitution and of any other law, the President shall have the power to do all things necessary for the exercise or performance thereof.

(2) Where, under existing law, any rights, powers, privileges, duties or functions are vested in or imposed on the Governor-General or the Prime Minister, those rights, powers, privileges, duties and functions shall, on the commencement of the Republican Constitution and subject to the provisions of that Constitution and of any other law, vest in and be exercisable by or, as the case may be, shall be performed by the President.