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CONFIDENTIAL
11649 - 1
OO HONG KONG
GRS 657
CONFIDENTIAL
FM FCO 220945Z OCT 84
TO IMMEDIATE HONG KONG
TELEGRAM NUMBER 2112 OF 22 OCTOBER
FOR GOVERNOR FROM CRADOCK
MIPT: HONG KONG AGREEMENT:
FOLLOWING IS TEXT OF PAPER.
BEGINS
HKK 040/53
RECEIVED IN REGISTRY
2 3 OCT 1984
LEGISLATION
DESK OFFICER
INDEX
REGISTRYTM
PA
Action Taken
A FULL EXPLANATION OF OUR INTENTIONS REGARDING ENABLING
PROVISIONS FOR THE MODIFICATION OF LAWS WILL NEED TO BE
INCORPORATED IN INSTRUCTIONS TO PARLIAMENTARY COUNSEL FOR THE
DRAFTING OF THE BILL. THE FOLLOWING IS AN EXTRACT FROM A
PROVISIONAL FIRST DRAFT OF SUCH INSTRUCTIONS (WHICH WILL OF COURSE HAVE TO BE LOOKED AT AGAIN WHEN MINISTERS' DECISIONS ARE
KNOWN)
19.
WHEN A DEPENDENT TERRITORY BECOMES INDEPENDENT IT IS
CUSTOMARY FOR THE INDEPENDENCE BILL TO PROVIDE FOR THE CONTINUATION, AS THE LAW OF THE NEWLY INDEPENDENT STATE, OF ALL UK LAWS WHICH PREVIOUSLY APPLIED IN THE COLONY: SEE EG SECTION 3 OF THE BELIZE ACT 1981. IN THE SAME ACT SCHEDULE 1 ENABLED THE
LEGISLATURE OF THE INDEPENDENT BELIZE TO REPEAL OR AMEND THOSE LAWS, FREE FROM THE RESTRAINTS OF THE COLONIAL LAWS VALIDITY ACT 1865, AND TO LEGISLATE WITH EXTRA-TERRITORIAL EFFECT. SCHEDULE 2 MADE CONSEQUENTIAL AMENDMENTS NOT AFFECTING THE LAW OF BELIZE, TO
VARIOUS UK STATUTES.
10. THESE MATTERS WILL NEED TO BE DEALT WITH IN DIFFERENT WAYS IN THE CASE OF HONG KONG. UNDER THE TERMS OF ANNEX I(II) TO THE
JOINT DECLARATION THE LAWS OF HONG KONG ARE TO SURVIVE THE
TERMINATION OF BRITISH SOVEREIGNTY IN 1997, PROVIDED THEY DO NOT
CONTRAVENE THE BASIC LAW. IT WILL BE FOR THE BASIC LAW, AND NOT THE BILL, TO PROVIDE FOR THIS CONTINUATION OF LAWS. THE BASIC LAW WILL NOT BE DRAFTED BY THE CHINESE FOR SOME YEARS TO COME, BUT IT IS REASONABLE TO ASSUME THAT IT WILL REQUIRE THE REMOVAL FROM THE HONG KONG STATUTE BOOK OF ANY LAWS WHICH APPEAR TO
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