TNAG-1378-FCO40-1826-Future-of-Hong-Kong-legislation-Hong-Kong-Bill-1985 — Page 164

AMENDMENT NO

RESIST

LINE TO TAKE

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I will now consider amendment no

The effect of this amendment would be to make Orders in Council under paragraph 3 of the schedule subject to positive rather than negative resolution procedures.

This subject was raised by my hon friend the Member for Chislehurst

in the debate on the Second Reading who asked what areas the Orders in Council under this paragraph might cover. He suggested that they might include, for example, education and the freedoms detailed in

the agreement.

The purpose of this paragraph is not

paragraph is not to deal with these crucial subjects for the future of Hong Kong. Indeed legislation establishing systems in Hong Kong will need to be taken in Hong Kong by the local legislature. Our whole purpose is to ensure that by 1997 Hong Kong legislation can be fully separated from UK legislation. To bring in Orders under this Bill to establish

systems in Hong Kong would run counter to this policy and be self defeating. Orders in Council under this paragraph will make largely technical amendments connected with the termination of sovereignty and jurisdiction. They are expected to deal, for example, with the following Acts, all of which and many more will need to be studied carefully to determine the extent to which they may require adaptation in Hong Kong:-

Judicial Committee Acts 1833, 1843, 1884

Colonial Affidavits Act 1859

Colonial Laws Validity Act 1865

Extradition Act 1870

Foreign nlistment Act 1870

Colonial Stock Act 1877

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