TNAG-1378-FCO40-1826-Future-of-Hong-Kong-legislation-Hong-Kong-Bill-1985 — Page 168

8. SCHEDULE

(a) PARAGRAPH THREE:

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ADAPTATION OF LAW

NOTES FOR "SCHEDULE STAND PART"

[IF A FULL EXPLANATION OF THE PARAGRAPH IS STILL NEEDED]

Paragraph 3 of the Schedule deals with the modification of UK Ac+-

and subordinate legislation. It gives the necessary powers to make changes in British law in consequence of or

law in consequence of or in connection with the

ending of sovereignty.

This paragraph enables Orders in Council to be made:

to repeal or amend UK legislation in so far as it is part of the

law of Hong Kong;

to enable the legislature of Hong Kong to repeal or amend UK

legislation in so far as it part of the law of Hong Kong and to

legislate with extra-territorial effect;

and to repeal or amend British legislation which relates to Hong

Kong.

Such provisions are normal when this country ceases to have

sovereignty over a territory. They are written in independence

Acts, and although this Bill is of course different from an

independence Bill, a similar provision is necessary. It would of

course be inappropriate to continue after 1997 to have references in

the laws implying the continuation of a constitutional relationship

with the UK.

This paragraph will also enable the Government to make consequential

amendments to the law of the United Kingdom and of dependent

territories which are not part of the law of Hong Kong but which relate to Hong Kong. This will be necessary for instance in

relation to the abolition of appeals to the Privy Council and to give a greater degree of autonomy to Hong Kong in Civil Aviation

matters by amending the Civil Aviation Act 1982.

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