CONFIDENTIAL
make the necessary Order
in Council.
The power to make such amendments only lasts until 1 July 1997, when HMG ceases to have sovereignty or jurisdiction over Hong Kong.
Paragraph 3(2) enables us to repeal or amend any Act, order, rule or regulation in SO far ar it relates to Hong Kong. This will enable us to alter British legislation which relates to Hong Kong but is not part of the law of Hong Kong. An example would be Section 64 of the Civil Aviation Act 1982, which would need
should, as part of its
its own system for the
that section would,
Otherwise
consequential
"localisation"
grant of an
subject to
amendment if Hong Kong
programme, decide to set up transport licences.
certain exceptions, make it an offence to operate a Hong Kong aircraft into and ou t 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
to have this
this power. Some tidying up amendments may be necessary even after 1 July
1 July 1997, so this section provides for such amendments to be made at any time before or after 1 July 1997.
enables us to
necessary.
effect.
Paragraph 3(3) enables Her Majesty by Order in Council to decide when such Orders
Orders will have
Thus even although an Order under paragraph 3(1) must be made 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.
Paragraph 3(4) provides that such Orders will be subject only to negative resolution procedures.
CONFIDENTIAL
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