TNAG-1377-FCO40-1825-Future-of-Hong-Kong-legislation-Hong-Kong-Bill-1985 — Page 138

CONFIDENTIAL

PARAGRAPH THREE

Paragraph 3 of the Schedule deals with the modification of UK Acts and subordinate legislation made under them.

in It enables Orders

Council:

(a) to repeal or amend any enactment in so far as it is part of the

law of Hong Kong,

(b) to repeal amend

or

any enactment in so far as it is a part of the law of the UK which applies in relation to Hong Kong,

(c) to enable the legislature of

legislature of Hong Kong to repeal or amend any enactment in so far as it is part of the law of Hong Kong,

(d) to

enable the legislature of Hong Kong to

legislate

with

extra-territorial effect.

When a dependent territory becomes the Independence Act:

independent it is customary

in

(i)

to amend UK enactments applying to the territory;

(ii)

to provide that all UK laws which have hitherto applied as

part of the laws of the

the territory shall continue to apply as

of the law of the newly independent state;

a

part

(iii) to enable the legislature of that state to repeal or amend

those laws, and

(iv) to enable that legislature to legislate with extra-

territorial effect.

In the

case

of Hong Kong

these matters have to be dealt with

differently. Under the agreement the laws of Hong Kong will survive the termination of British sovereignty in 1997 provided that they do not conflict with the Basic Law. The latter is expected to require the removal from those laws of any which appears to maintain links

CONFIDENTIAL