CONFIDENTIAL
11649
1
MAINTAIN LINKS WITH THE UNITED KINGDOM. FOR THIS REASON, AND IN
ORDER TO AVOID MASSIVE AND DRAMATIC CHANGES IN THE LAW ON 1 JULY 1997, HONG KONG PROPOSES TO EMBARK AT ONCE UPON A LEGISLATIVE PROGRAMME, THE OBJECT OF WHICH WILL BE TO ESTABLISH, UNDER LOCAL ORDINANCE, A SET OF SELF-CONTAINED HONG KONG LAWS. THEY WILL THUS GRADUALLY REPLACE THOSE UK STATUTES AND SUBORDINATE UK
LEGISLATION WHICH AT PRESENT APPLY AS PART OF THE LAW OF HONG KONG. FOR THIS PURPOSE IT WILL BE NECESSARY FOR HONG KONG TO HAVE THE POWER, BETWEEN 1985 AND 1997, TO LEGISLATE IN A MANNER WHICH IS INCONSISTENT WITH THE COLONIAL LAWS VALIDITY ACT
1865 AND TO LEGISLATE WITH EXTRA-TERRITORIAL EFFECT. IT WILL
NEED TO BE GIVEN MUCH THE SAME POWERS AS BELIZE HAS BY VIRTUE OF PARAGRAPHS 1-3 OF SCHEDULE I TO THE BELIZE ACT 1981, ALTHOUGH FROM 1985 TO 1997 ANY NEW HONG KONG LAWS WILL CONTINUE TO BE
SUBJECT TO DISALLOWANCE BY HMG IN THE UK AND BE SUBJECT TO THE
OTHER CONTROLS IMPOSED BY THE LETTERS PATENT AND ROYAL INSTRUCTIONS, UNLESS AND UNTIL THOSE CONTROLS SHOULD BE ABOLISHED
OR CHANGED.
11.
THE UNITED KINGDOM WILL ALSO NEED TO BE ABLE TO MAKE
CONSEQUENTIAL AMENDMENTS TO THE LAW OF THE UNITED KINGDOM, EG TO ABOLISH THE JURISDICTION OF THE JUDICIAL COMMITTEE OF THE PRIVY
COUNCIL TO HEAR APPEALS FROM THE COURTS OF HONG KONG.
12.
IT IS NOT POSSIBLE WITHIN THE TIME AVAILABLE TO ESTABLISH
EXACTLY WHAT REPEALS OR AMENDMENTS WILL NEED TO BE MADE IN EITHER
OF THESE WAYS TO THE LAW OF HONG KONG OR TO THE LAW OF THE
୮ UNITED KONGDOM. NOR, AT LEAST UNTIL WE SAW THE BASIC LAW, COULD WE FORECAST WITH COMPLETE ACCURACY WHAT UK LAWS APPLYING TO HONG KONG MIGHT NEED TO BE ADAPTED BETWEEN NOW AND 1997. THE BILL SHOULD THEREFORE GIVE THE WIDEST POSSIBLE POWER TO MAKE ORDERS IN COUNCIL, SUBJECT ONLY TO ANNULMENT PROCEDURES IN PARLIAMENT, WHICH WOULD
(A)
(B)
REPEAL OR AMEND ANY ACT, ORDER, RULE OR REGULATION IN SO FAR
AS IT IS PART OF THE LAW OF HONG KONG: OR
REPEAL OR AMEND ANY ACT, ORDER, RULE OR REGULATION IN SO FAR AS IT IS A PART OF THE LAW OF THE UNITED KINGDOM WHICH
APPLIES IN RELATION TO HONG KONG: OR
2
CONFIDENTIAL
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