TNAG-1379-FCO40-1827-Future-of-Hong-Kong-legislation-Hong-Kong-Bill-1985 — Page 183

CONFIDENTIAL

PARAGRAPH 3 OF SCHEDULE: ADAPTATION OF LAWS

Paragraph 3 of the Schedule deals with the modification of United Kingdom Acts and subordinate legislation.

This paragraph enables Orders in Council to be made:

to repeal or

amend United Kingdom 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

United Kingdom legislation in so far as it is part of the

law of Hong Kong and to legislate with extra-territorial

effect;

and to repeal or amend United Kingdom 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

would, of course, be inappropriate to

continue after 1997 to have references in the laws implying

the continuance of a constitutional relationship with the

United Kingdom.

necessary.

I t

provides agreement

for the

in

Since the

laws previously

force in Hong Kong to continue after I July 1997 it is important that Hong Kong should by then have a body of law

can stand on its own. The majority of Orders under

paragraph will therefore be to amend or replace UK

which

this

CONFIDENTIAL