TNAG-1379-FCO40-1827-Future-of-Hong-Kong-legislation-Hong-Kong-Bill-1985 — Page 224

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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 as 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 to be amended so that

Hong Kong registered aircraft flying to or from the UK will no

longer require an air transport licence from the Civil Aviation Authority. This sub-paragraph also enables us to amend the laws of

other dependent territories if necessary.

It would not be

Some

appropriate for the Hong Kong legislature to have this power.

tidying up amendments may be necessary even after 1 July 1997, so

this section provides for such amendments to be made at any time

before or after 1 July 1997.

Paragraph 3(3) enables Her Majesty by Order in Council to decide

when such Orders

Orders will have effect. Thus even although an Order under paragraph 3(1) must be made before i July 1997, it may relate to a period before or after that date. 50,

for example, an Order

could permit Hong Kong to replace the Merchant Shipping Acts with a local Ordinance to establish 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.

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