CONFIDENTIAL
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avoid
massive
with the United Kingdom. In order therefore to changes in
in the law on 1 July 1997 Hong Kong proposes to embark at once upon a legislative programme to "localise" Hong Kong's laws and
establish a set of self-contained Hong Kong laws free from any connection with the UK. This section of the Bill will give HMG and
Hong Kong the power to achieve their
their objective. As part of this process it will thus be possible for Hong Kong to adopt laws free the restraints of the Colonial Laws Validity Act 1865, and to
legislate with extra-territorial effect. Any new Hong Kong laws
will continue to be subject to disallowance by HMG and to other
controls imposed by the Letters Patent and Royal Instructions.
from
This section also enables HMG to make consequential amendments to
the law of the UK 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 deal with certain civil aviation matters by
amending the Civil Aviation Act of 1982.
We do not yet know what repeals or amendments will be necessary under each of these categories, nor will we know finally until we
have seen the Basic Law. (The present intention of the Chinese
Government is to promulgate the Basic Law before 1990).
therefore need
need the widest possible powers to make Orders in Council
under this section.
We
SO as
to repeal or
as it is part
Paragraph 3(1) enables Her Majesty by Order in Council (or the Hong Kong legislature if so authorised by Order in Council)
amend any UK Act, order, rule or regulation in SO far of the law of Hong Kong, if it appears necessary or expedient to do
a result of or in connection with the termination of
sovereignty and jurisdiction. This section will enable HMG and the Hong Kong legislature to localise the laws of Hong Kong, in so far
as they currently take the form of UK statutes which apply as part of the law of Hong Kong. Although this section gives the Hong Kong
legislature the power SO to amend UK enactments, it would of course
be in our hands in the case of a dispute with Hong Kong to refuse to
make the necessary Order
The power το make such
in
Council.
CONFIDENTIAL
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