CONFIDENTIAL
make
the
Order necessary
in
until 1
Council. The power
make such to
July 1997, when HMG ceases to have
sovereignty or jurisdiction over Hong Kong.
amendments only lasts
SO
Paragraph 3(2) enables us to repeal or amend any Act, order, rule or regulation in
far as it relates to Hong Kong. This will enable
relates alter British legislation which
is to Hong Kong but An example would be Section 64 of
us to
not part of the law of Hong Kong.
the Civil Aviation Act 1982, which would need consequential
amendment if Hong Kong
should,
decide to set
up
Otherwise
as part of its
its own system for the
of an
that section would, subject to
"localisation"
grant
programme,
transport licences.
enables
to us
certain exceptions, make it an offence to operate a Hong Kong
aircraft into and out of the United Kingdom because the operators
would not be licenced under the Act. This sub-paragraph also
amend the laws of other dependent territories i f
It would not be appropriate for the Hong Kong legislature to have this power. Some tidying up amendments may be necessary even after 1 July 1997, so
so this section provides for such
amendments to be made at
to be made at any time before or after 1 July 1997.
necessary.
have
Paragraph 3(3) enables Her Majesty by Order in Council to decide
when such Orders
Orders will
effect. Thus even although an Order
under paragraph 3(1) must be made before
before 1 July 1997, it may relate
to a period before or after that date. So, for example, an Order could permit Hong Kong to replace the Merchant Shipping Acts with a local Ordinance to establish a system which in many respects could
continue to operate after 1997.
subject only to
Paragraph 3(4) provides
provides that such Orders will be subject
negative resolution procedures.
CONFIDENTIAL
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