TNAG-1379-FCO40-1827-Future-of-Hong-Kong-legislation-Hong-Kong-Bill-1985 — Page 56

CONFIDENTIAL

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amendments only lasts until 1 July 1997, when HMG

sovereignty or jurisdiction over Hong Kong.

ceases to have

Aviation

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

Authority. This sub-paragraph also enables us to amend the laws of

other dependent territories if necessary.

It would not be

appropriate for the Hong Kong legislature to have this power.

Some

tidying up amendments may be necessary even after

this section provides for such amendments to be

before or after 1 July 1997.

1 July 1997, SO

made at any time

Majesty by Order in Council to decide

effect. Thus even although an Order

made before 1 July 1997,

July 1997, it may relate

1

for example, an Order

Paragraph 3(3) enables Her

when such Orders will have

under paragraph 3(1) must be

to a period before or after that date.

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.

So,

Paragraph 3(4) provides that such Orders will be subject only to

negative resolution procedures.

CONFIDENTIAL