TNAG-1395-FCO40-1867-Future-of-Hong-Kong-Parliamentary-debates-1985 — Page 65

CONFIDENTIAL

In order therefore to

avo id

massive

with the United Kingdom.

changes 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 objective. As part of this process it will thus be possible for Hong Kong to adopt laws free

from 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

by HMG and to other

controls imposed by the Letters Patent and Royal Instructions.

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 the Privy Council and to give

to give a greater degree of autonomy to Hong Kong in civil aviation matters by amending the Civil Aviation Act of

1982.

we

We do not yet know what repeals or amendments will be necessary

under each of these categories, nor

nor will

will we know finally until

have seen the Basic Law. (The present intention of the Chinese

Government is to promulgate the Basic Law before 1990).

therefore need the widest possible powers to make Orders in Council

under this section.

We

SO as

Paragraph 3(1) enables Her Majesty by Order in Council (or the Hong Kong legislature if so authorised by Order in Council) to repeal or amend any UK Act, order, rule or regulation in so far as it is part 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

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 i t would of course be in our hands in the case of a dispute with Hong Kong to refuse to

CONFIDENTIAL